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Home My WebLink AboutCity Chater 1955MICHIGAN CHARTER OF THE CITY OF LANSING MICHIGAN Al30-D BY THE ELECTORS ON NOVEMBEB 8,lS AND AS AMENDED MAYOR8 AND CLERKS OF CITY OF LANSING FROM DATE OF INCORPORATION MAYORS CITY CLERKS 1859-Hiram H. Smith 18594~. G. Ramaddl 1WO-John A. Kerr 1869--Gee. A. Arrnrtrosg 1861~Wm. H. Chapman 1880Junes G. ShUoozd 1868SC86Ira H. Bnrtholomew 1861-Theodore Fater 1886--Wm. H. Hue 186&5unas B. TsnEy* 1867-Geo. W. Peek 1886Albert E. Cowlea 1868-(pg--Cm Hdtt 1867--0aorge E. Iapk 187(LSolomon W. Wright 186@-Dougal McKenzie 18714ohn Robson 187"E. B. Wood 1872-Wohn 5. Tooker 18~Seymour Forter 1874-76Daniel W. Buck 187°F. M. Howe 187gJohn 5. Tooker 18TIJohn F. Row 18W-Orlando M. Bamea 1879--Chaa. D. Cowleu 18Wmph E. Warner 1882-John F. Row 1879-80-Wm. H. VanBuren 1887-G~. L. Spangler 18814ohn Robson 188843- Hernley 1882-8-lindo F. Bama 1889-Wm. C. Hinman 1884-86-William Donovan 1896Chss. 8. Inomin 1886-Daniel W. Buck 189740hn H. Bohnet 1887Jseob F. 8hultz 18M. C. Mishler 1888-John Crotty 19014. C. McCullough 18W-Jamas M. Turner 1908-Ernest G. Dell 1890-91-Frank B. Johmon 1-Myles F. Gray 1-8-A. 0. Bement 1909-Peter F. Gray 189CAlroy A. Wilbur 1914-19174ohn McCldlan 189bJamas M. Turner 1917-192sJu&on A. Pamom lss&R~ell C. Ostrander 1928-19H+Bertlu R. 1887-9&9e--Charleu J. Davis 196~~966-Millie M. #own 1900-01-02-o~ames F. Hanunell l96bTheo ~uiton 1904-7-Hugh Lyons 1908-114ohn S. Bennett 1912-l8-J. G. Reutter 1918-2Macob W. Ferle 19eO--Benjamin A. Kyea 1922 (May to Nov. 13)Jacob W. Ferle Nov. 1922 to April 1028-Sil.s 5. Mdn April 1928 to Jan. 1927-Alfred H. Doughty Jan. 1927 to Jan. 1931-Laird J. Royer Jan. 1931 to July 1983-Peter F. Glry July 1983 to Jan. 1941-Max A. Templeton Jan. 1941 to April 1941-Arthur E. Stoppel April 1941 to-May 1948-&m Street Hmhea May 1943 to 4nril 1961-R+lpb W. Crego I April 1961 to April 1966-Willard 1. mwerman, Jr- April 1965-Max E. Murninghan STATEMENT OF THE CaARTEB COMW88ION To the Vob of basing, Michigan: In acco~ with your htructions of December 29, 1963, when you voted for e charter rehion end for no change in the form of city government we have drafted a revised charter for th8 City of Laming, and lheredtb rubmit it for yom emaidention. Mort ms nude to have the charter brief and clear, to vat the city with every permitted home rule power to limit ri dly thomn of oaerd when, fledbUty a pecrred rdvant.geoaa. it powem it seemed rho& be limited, to leave daxibility in exerci~ $0 ham enduvored to re& the many good faaturea of the remat cha* .xu3 to *pt the *-enw pl.n to the htlm .ntPeiplrw growth of $0 city. To f&t.te elear underatanding of the propd chartar, we summarise u follom ib more important provisions: GOVERNMENTAL STRUCTURE EXECUTIVE: The mr, or is elected by the dty at luge u at -- the -y &ti- of the -, = L.= -2 Executive Assi t to the Mayor. A -ypir c@binat" qolldrting of Addabtmtive%cem~ end Bord Churmen is provided to nhub all admiwtive functioM of govsrnm~t. LEGISLATIVE: The Council conhte of eight meden. Fom am electad at lare md one irom each of the fom rudr PwxAmnm We,tbePae@edtheCttyd~,IILOitdQtO~the ~brd~mif~t~oth~to~o~~ commoa~do~.adcrtrMhbthl#chutsrior~pov- -t of our dty, p~mrant to autha~Ity gmabd by the Conrtl- tutlanrab~dthe9t.kofMlehig8lL cmwc'EB1 IN~~AND~~ -QluP.i-o.;rp.ntkr. Section L L Tlw orgmbil dty, now exl.tinll u a Middean manidpml~~ known u the Clty of Laming ahdl k Ud contllW.abedyco~undeetbr~:"TheCl~d~." - Seetim1.Z ~dtyrh.llambruw,thekrrltorp~tlng thecsboi~,ontho~&te~ftbk~,bg.th.r with~martr~thq.tOrab~wdeudmw8~ thrtmrjrbe~fromtlnrstotlmcUponrsruathnor~t dtsrrftos7,tk~W~daeIwath~tObe~ Wlthcrot~tof~~TlwQ~kW~Ud keep a- In hlr ofilce for pub* Inrpactlan an 0tLtd.l bsr:rlp tlanaitbecurrentbwmbrlmdthedty. c5WXmua PBmmmmNsAND~P#)vIBIONa Bdoo~kbaPilblk the clty rh.ll be pub& unkrr kept de om- ..apt for p- of ~ekoophg to be for hspactlaa at 31 rw#mible (h) The words "publhh" Or "published" rhall include pub- lication of any matter, muired to be Pubbhed, ln the manner provided by law, or, where there h no applica- ble law, in one or more newspapers of the clty or by posting on the oifidal bulletin boards of the city of which the Council ahdl pravlde and malntain at lea five in each ward. (1) me words "public utillty" shall hclude aU common carriers In the public streets; water, sewage disposal, electric light, gas electric POW^.^. and heating worb. telephone and telegraph abways, conduits, wharf: and docks, market and market hourer, garbage collec- tion, garbage dI8~0sal and reduction plants, paving plants and appliamm, and such Other and different en- terprises aa the ~o~ndl may from time to tlme d& termlne or designate; (j) me word "statute" ahdl denote the Public Acts of the State of Michigan, an they are In effect at the time the provision containlng the word "statute" h to be ag plied; (k) Except ln reference to signatures, the words "writtenm and "ln writing" ahall include hand written rrlpt, printing, typewriting, and teletype and telegraphic com- munications; (1) ~11 words indicating the present tense shall not k limited to the tlme of the adopuon of thIs charter, but shall extend to and lnclude the time of the happenhg of any event or requirement for which provlslon & made herein; (m) The singular number shall lnclude the plural, the plural number ahdl lnclude the shgulu, and the masculine gender shall extend to and lncludr the feml- nine gender and the neuter; (n) AU references to specific Public Acts shall be to such Pub& Acts of the State of Michigan, as they are In effect at the time the reference to such act k to k applied ; to) All references to &on and chapter numbers dull refer to the section and chapter numbers of this charter. Pmbh asaOrdr am Evidenca Sectlon 2. 3. All papers, books, or other records of any matter required by statute, or any of the prod do^ of this charter, or the provbiom of any ordinance or regulation, to be kept in any d the meral departments of the municipal government, shall k deemed public records of such department, and the same, or -1- duly certuied by the custodian thereof, shall be prime facie evlm of their contents in all suits at law or in equity or in other pro- ceedlngs. CMAPTERS XUNXCIPAL POWER8 AND mIES Section 3. 1. (a) Unless otherwise provided or limited in tM# charter, the city shall pomess and be vested with all the Privileges, and immunities, expressed or ImpUed, which dtl~ U% hereafter, may be permitted to exerclse or to lnclude in their chuUn by law. Any enumeration of particular powers, priYLleges, munitles ln this &on or elsewhere in this charter shall not a . . . , ., . ., .~ j . . . ,' :. (b)' The city ahdl have power to manage and . . .,, ., - , ,$.. , c~~~trol the finances, rlghts, inter- buildings, and property, to en- . . , ,. . . , , . . ter into contracts, ta do any act to advance the lnterarte, good gov- 4 enunent, and prosperity of the city and its inhabitants, md to pro- ; ,. ..,% ::- tect the public mce, morals, health, safety, .ad eneral wellare. In . , ' . ,I%< : ~ . . '., the exe& of ach powers, the dty may enact o?dlruoq rules, and . . . , regulations, and take such other action aa may be required, not in- i. ', ' . . . . ' ' lh':.,,, , ,,.,: ) : >, -3,': i , .. , conahtent with law. The power of the city rh.U include, but i , j ..I . ., ... ,,, - ahall not be limited to, the following: 1." ,!.,. .. .I,.. '.. . . . ,, .,. ! , , , .;.,i , ,.. ;. ,. , , "., . !:I,;,,, .. . :, .. ..,,, . ,,., , (1) To declare aa a bazard or nuisance any act or condition, upon .,.,, * j:. . , .,,l:..,q::5. ,', ;i . . ,', , '. . . ,:., jbi public or private property, or both, includinp, but not limltsd to, the accumulation of rubbish and the growing of noxioua weeds, which L or may be dangerous to the health, aafety, morals, or wel- fare of. the inhabitante of the dty: to provlde for the abatement thereof; and to provide that the coate of euch abatement 6hall be charged =.a special asrctsment against the real property on which the hazard or nuisance k located; (2) To provide for the public' wehare by: (a) FLegulating trades, occupations, and amusemente withln the dty, and prohlblting trades, occupations, and amuse- ments which are detrimental to the safety, health, morals, or welfare of ite Inhabitants; . (b) Regulating 'the preparation, storage, 4ransportation and sale of foods, druga, and beverages for human con- eumption; (c) Collecting and disposing of garbage and rubbiah; (d) Licensing and regulating oil and gasoline stations and the. locatio~ thereof; (el L1cennin.g. kgulating, and Wting the number of ve- hicles which carry per- or property 'for hire, flldng the rates of fare and tharges, arid. determining the location of stands for such vehicles; (fi Llcenaing and regulating billboards and advertising sigh hnd the loarticms thereof; (g) Directing and reg~lating the construction, erection, alteration, equipment, repair, moving, removal, dem- olition, occupancy, and maintenance of .buildin@ and structures and their appurtenance6 and service equip ment ; (h) Establinhlng zones within the city and regulatlng therein the use and occupancy of lands or styuctures; the height. area, she, and location of buildings; the required open spaces for light and ventilation of buildings and the density of population;. ti) Regulating, Uniting, and prohibiting the construction and use of buildings and landa in order to promote the public safety and to prevent and suppreaa fires; (j) Regulating and controlling the use of streams, waters, and water courses within the city; (3) To establish and control streets, alleys, bridges, and public places, and the space above and beneath them, and the use thereof by: (a) Creating and vacating the same and acquiring and dis- posing of the land, or any idterest ln land, required therefor; (b) Provldlng a plan of streets and alleys within the city and for a distance of not more than three milea beyond its limits; (c) Requiring the owners of real property to build and maintain public sidewalks in the area of streets im- mediately adjacent to such property, and, upon the 7 Wlure of any owner to do so, eon8tructlng and mntaintain lng such sldewalkr and the tort thered am such property M a mecial a-smant; (dl CompeUw all permBs to cue for mveled mm of str88ta, between the curbs and ddew8llu, which abut upon pre- om& ~~~, or occupid by them, and to kctp the uallle fi- from wcedr md Zrom ob~ which are offensive or h-OWJ to pub& hew and safety, and, upon the mure of w owner of m~ property to do 60, to cut and remcrve auch W- and objacta and a- the cod them aOalM nu?h propert,, U 8 rpCd.l amnmmt; (e) CompeWn% all penanr to ~WP sldewkr which are the uta of at# wedi.kbr adluwnt to the ~m, obrbuctr such or which makt8 the me d- fendve or hazardour to the health or safety, ad, upon the Mure of any awnor of such property to re- - cut 8- to am the M€w to be dose and aura8 the cort thereof ngdnat such property ; spacial aamunent; (f) Prwldlnp for the grade of streeta and requiring public uWlty ufm of the atmet# to COni6rm thereto wlth re- ape& to thelr tr.ekr or i.dllticr 10c.U on, above, or under the m; repui. mlhda to keep their WIrr and the rtreot EU~~.EC bt~~& and for a db tame of one and one hdi feet on #ch side of them md other uWty fadlitb In the h! reamable npatr at -; rm-- to ,give wvnlng by person ar auionmttc dOnrl of the approach of tninr upon or acra the mtr; (g) Regulating the speed of vehicles, tmh, and locomo- ti- upon or acrou the rtreetr within the provldau .nd limitattom oi law, and the mtapplag and park- of the same upon the streets and at atmet cro88Ings; (h) Providing for and repula-g the lighting of streeta and allen: (1) Preventing and abathg the encumbering of streeb .ad alleys or any part thereof; (j) Providhg for and regulating the numbering of bull& ins upon property abutting the streeta and allem .ad compdling the owneu and Occupurtr thereof to dU% numbers thereto; (k) Provldlng for the use by othen than the owner, of property located on the &met& alley4 and public Pw ~n the operatian of a utllltp. upon the ~a~ment of 8 reasonable comp~tion therefor to the Owner the&; (1) Providing for the planting .nd penerrl are and tectton of trees and shrubbery wit- the ~~JwU public placer of the city and prcventinp the cuttlw of limbs and branched for the pla- and mintem of utllity wirer wfthout the coruent of the Park -; (4) To undertake any public work or make any public Imp- ment or any repair or replacement thereof either directl~ Or contract wlth private paraom; and to participate in any public -k or publlc improvement under any lawful ~1- by which the a putfa rupport oi such work or improvement 1s provided by governmental unit or agency; (5) TO canrtruct, provide, maintain, extend, oper'.tcl and im- pm: (a) Within the dty; a city hall; dm offb bull-; corn- munlty buildhp; pallce 8Wtlonr; fh *-; d~lc auditorfums; public lib--; and pow -; and, (b) Mther within or without the corporate Wta oi the city or of bigham County: public wlsm; rBQeatly grounds and stadiums; munMpal campl; pub& grounds, soolog&al &em: mum-; afrportr and landlns tlel&; cemeteries; publlc W-(II md upon navigable waters; levees and e-tr for flood control and other pwpoms related to the Oubk health, safety, and webe; electrlc light and pow- pl-ta and ryrtrms; gar plant and rryrtunr; public heating plant and systenas; waterworlsm and water treatment planb and sy8tenas; rewage dbposal plant utd WUtOIM; + storm mmers; garbage disposal i.dliU68; rehue and rubbish diqosal facilities; market how and market places; public transportation facUUea; fadllUea for the storage and parking oi vehicles; hoqdtlls; fadlittea I for the landing of helicopters; tadlftiea for the docklng I of pleaawe crnftn and hydrophet; md any other rhc- tun, or faclllty devoted to or intended for public pur- poses within the rope of the powers of the dty; (6) To acauln by ~urchslre, nllt. eondemnatloa canrtructlon. leueor otheidae. ~rb41-t~. and-steim in ~romrti either within ~Giithout the coi&mibe udtr oi the city or >f hgGn County, for any publlc uwr or purpoue within the rope of itr powera, including, but not by way of Wtatlon, the ~uea and purpo# ret forth in clause (5) of thb aedlan, Lacludlng the necegary Lndr therefor; (7) To join with any municipal corporation or with any other unlt of government, or with any nwnber or combhatian thereof, by contract, or otherwirc. an may be permitted by law, La the ownerahip, operation, or performance, jointly, or by one or more on behalf of dl, of any property, facility, or service which each would have the power to own, operate, or perform separately. Vatad Wht. tmd LhMlitisr Contlnosd. Section 3. 2. Aiter the effective date oi thls charter, the city and dl it agencies ahaU be vested with all property, maneyr, con- tzacta, rightr, credlts, effects, and the records, filer. books, and papers bebghg to it under and by virtue of the pnvlou charter of the city. No rlght or liability, contract, lease, or trsnchfre, either in favor of or .gal- the city, existing at the time thb charter became stlectlve, and no sult or prosecution of any character, ahall be af- fect& In any manner by any change rerulting from the adoption oi thL charter, but the same ahall atand or proceed M U no change had been mule. All debtr and llabilitieq and dl finen and penalti* impaed and existing at the time Of such change, &dl be collected by the city. CHAPTEII4 om- aw - Section 4 L (a) The elective officers ahall be the Mayor, the Councilman, the Clerk, and the Municipal Judgea. (b) A Mayor and a Clerk &dl be elected at each dty election following an even numbered year which b dlvIalble by four. Other elective of- ahall be dated at the tlma ret forth in thIa charter. 9 IC) The appalntlve otficern rh.U be thoa m Sectlm 7. 3, and meha of the ~~ auted bp under authority of this the. ~foratJr-gluuaattw. Sedan 4 2 Except as other* pmvlded in thir -r, a perroll ir eligible to hold a city office if he ham been a -a elector of the dty, or of territory ap~e- to the city, or both, and, In the cnse of a CoundLman elected tmm a ward, a wddcnt of the wu8 from whlch he la eleetd, for at 1- one Year imm&te- ly pmcedbg his election or appointment. This requirement dwd am to penom appointed to the offlcea of -r, &- troller, &&or d Finance, md ~~~tl~ -.tlt to the Mayor and any office created by the COUndl, other than member- rhip & a board, by resolution c~~c- in by not lem than dx members ot the Council. When such requfrcmnt h Waived, the appointment Bhrll be provlrdonal, Until the appointee become a mgbtered elector of the dty. NO Perton ddl hold office under P- tment after one year hrom the date oi h~ tht appolatnmt%? Council .b.u be the judge of the election .M qualUicationa of its membera 0srt.in Perclolu Indigibb for atl- Section 4. 3. (a) A person who hu been convicted of violat. ing any pmvbi~ of the election laws of the State or of the dty, or who has been convicted d an infarnoun or of an off- involw a vioktion of hb mth of &flC% Or who is In default to the clty, W not be eligible to hold my dty office. (b) A person who holds or hu held an elective clty oince shall not be eligible for appointment to an offlee or em- ployment, for which compensation ir paid bp the dty, until one yt.r haa elapued following the tam for Which he was elected or ap. pointed. Tsrnrdorfkm. -on 4. 4. (a) The terms of offlce of all elective offlam and of member6 d boards Bhrll be four years, unlem otherwise p vided in thb charter. (b) Each appointive officer, except members of boards, shall serve for an Indeftnlte tern Each such officer &hall re- In office until hb rucceasor has been appointed and has qd- ifid The term of offlce of each board member &all commence on and date from the 5rst day of July of the year h which hi# ap pointment ie made. (c) With the content of the Council, and tor m long as the Councll shall permit, an officer may continue, provld- ally, in the oince held by him, after the explratlon of his term, until hb successor haa been elected or appointed and haa qualified tor ofam. No* of Appolntmenta Section 4 5. Within three days after a Person has been 01- to office or the Council haa made or confirmed an ap-m the Clerk shall mail to the person elected or appointed a c~U of such election or appointment. Uomwnsation of Offloerr section 4.6. Membere ot the several boards shall serve 1 compensation, except members of the Board of Review. The i shall fix the compensatton tor all officers, except 8a othernW * 2 vided by law. They shall receive no other money from the except their reasonable expenses, as provided in this SecUm Council shall not act to chfmge the compensation of any d.dEn officer after the thirtieth day preceding the last day for filing nomination petitions for that office. Within budget appropriations, reasonable expenses may be allowed to officers when actually in- curred and after they have been audited by the Controller. Adopted November 24, 1959. oatboiomee. Section 4. 7. Every offlcer, before entering upon hb duties, and all employes dedgruted by the Council, before entaring upon their em oyment, ahall take the oath prescribed by Section 2 of Artlcle I of the Comtitution, and shall We the same with the Clerk & &Iretg Bend* gection 4. 8. The Council may require any officer or employee to give a bond, to be approved by the City Attorney, In mch 6um as the Council determlnea. The bond ahall be conditioned upon the faithful and proper performance of the duties of the omce or em- ployment concerned. All officere and employees who receive, dls- tribute, or are responsible for city fun& or investments &all be bonded. The redgnation, removal, or discharge of any offlcer or em- ploye, or the appointment of another person to the office or em- ployment, shall not exoneratc the officer or employe or hb sureties from any UabilIty Incurred by them. All official bonds shall be cor- porate surety bonb and the premiums thereof shall be paM by the city. No offlcbl bond ahdl be hued for a term exceeding three years, except bonda whlch are required of officem serving terms of office which are longer than three years. The bonda of all offlcem and employes shall be filed with the Clerk, except that the Clerk's ' bond shall be ffled with the Treasurer. The requlrementa of Qls section may be met by the purchase by the city of one or more blanket corporate surety bonds coycrlng all or any group or groups of the offlces and employment. of the city. Any oiflcer or employee who ia covered by a blanket surety bond need not be bonded indi- vidually for the purpose of qualifying for office. .Qivhg oi Sure* by Offb1v Forbiddan. Section 4 9. No owcer shall give or furnbh any bail or recog- aignce in connection with any complaint or warrant charging the vlolation of a city ordinance, give or become surety, or be the agent surety or insurer in connection with any lice~e granted by Eeyty or with respect to which the approval of the Councfl or any officer ot the city ia required. A violation of thls section shall be a violation of thls charter. Vatmbdem In ottlos Section 4. 10. A city office shall become vacant upon the oc- currence ot any ot the following events: Expiration of the term of office; death of the incumbent; re8ignation; removal from office; ceasing to be an inhabitant of the city, or of the ward, from whlch elected or appointed; conviction of an infamous crime, or of an of- fense involving a vlolation of oath of office; default to the city, un- less such default is ellminated withln thirty daya after written no- tice thereof by the Clerk upon the dimtion of the Councfl, or, un- less the officer in good faith contests hls liability for the default; a declsion of a competent tribunal declaring the officer's election or appointment void; failure to take the oath or file the bond required for the office within ten days from the date of election or appoint- ment or within such other time as the Councfl may fix; in the case of Councilmen, absence from ten consecutive regular meetings of the Council unleas such absences be excused by the Council at the time they occur, or twenty-flve percent of such meetlngs in any calendar year whether or not excused; in the case of the Mayor and other elective officers, absence from the city or faflure to perform the duties of such offlce for sixty days, unlem such absence from the city or failure to perform the dutiea of offlce shall be excused by the 11 Council prior to the expiration of such dxty day 2eriod; or ch, by law, creates a vacancy. Sectian 4. 11. A m84matton from offlce shall become immediately upon the acceptance thereof by the appdntfng aU. thority In the cam of appointive officerr, and by the Comadl in the cam of elective officers. RedgntItlO~ of elective offteem made In writlng and filed wlth the Clerk. Rsripl.~ of appointive offlcera rhrll be made in WrltLng to the Mayo):. The Mayor or the Clerk announce the resignation of any offlcer to the at it# next meeting. ~~ oi OhClaerr section 4, n. ((a The Coundl may remove office for mls- feauaace, Me-, or nonf-ce in otilce, my ekdh o-r, except the Munidpa) Jude, by a resolution mcWmd in by at lead dx rnembera. An elective oitlcer not be removed a charge la preferred against him ln writing and an opporhmity &v. en to hlm to make a defenoe thereto. (b) Wlth the cimment of the COU- the Muor may remove MY appolntlve offlccr. He may sumend any ruth om pendlng an investigation of any mplilnt or dmga rplnrt hh (c) ofticera appointed by the m, not requlr- hg cound] dirmatlon, may k mapended or remove4 by him at any- assrU Sectlon 4. 13. An elective orticer may be recalled, and the va- cancy thereby createU shall be filled, in the manner pmdi!ed by l8w. pIllbu vac-a-. Section 4.14. (a) If a vacancy occurs in an elective oftice, the Council ehall within thirty days thereafter, till the vacancy by a majority vote ot the remaining membere of the City Council, until the Monday tollowing the next general City or State election. prm vided, that it the vacancy occure within 40 daye and not less than 4 daye prior to the deadline tor filing nominating petition8 for a City or State primary electlon the vacancy ehall not be tilled by appoint- ment prior to the election following euch primary. Provided further, that it the vacancy occure prior to a State primary election, a spectal municipal primary election ehall automatically be held in conjunction . with the State primary and a epecial municipal general election ahall automatically be held in conjunction with the State general election tor purpoees of tilling the vacancy for the unexpired term. Provided further, that it the vacancy occnre at a time when the next primary election will be a City election and the vacancy occurs in an otfice not echeduled to be on the ballot at eaid election, a epeclal municiml primary electlon shall automatically be held in conjunction wlth the City primary election and a special municipal general election shU automatically be held in conjunction with the municipal gened election tor purpoeee of fllling the vacancy tor the unexpired term. The deadline tor filing nominating petitions at such special muniol- pal election8 ehall be the same ae that provided for the election in conjunction with which the epecial election ie held. Adopted Auguet 2, 1960 The Clty Council 6 CRTY ma Sectlo11 5. 1. The Coundl lhrrll condrt of Wt memkFl, four to be elected from the war& of the dty and four from the city at harm. The tsrm of office of each Couadlm8n be four ya8m n, except In the oue of &don U4 (8) of tbh maa&whdOarmallman. Scctian 5.2 Except M otherwLe prow in the m?h6duh of thir chuttr, at each re- dty electbm held ln a peu followlnO a pmMentW election, there rhrll be elected one Coundlmrn from the #contd and fourth war& of the city and two from the dty at Luoe, and at each other regular dty d&, there shall be elected one Councban'fromthe tlrat and thirdw8rda of the city and two Councllmm, 8t &go. wudi Section 5. 3. There ahall be four ward# for the. election of Co*- 8a follows: TBE WARD ahall be compM d all that part of the cltv bounded bp a llne commendnn on the north clt~ IlmlIlrnlt# and the ceiter he of Streef agd-hmbg from thence routh dong the center he of Turner Street to the centar he of East Grand River Avenue, thence weat don the canter he of Ed Orand Rlv- er Avenue to the center he of ~orth Wuhlngton Avenue, thsnce! muth dong the center Une of North Wasfhgkm Avenue and South WIuhlnOton Amue to the center he of Eaat St. Jorsph Street, thence east alone the center he of Eut St Joamh Stmt and St. Joseph Street Anded to the centffPG of &-&mnpe&e and Ohio Railroad rlght of way, thence eutorlp along the conter llna of aald rl%t of ww to the eaterlp dty Unit* thence northerly and westerly along the dty 1-tr to the pko4 ob ee leL -ND w- rn be '%mwWmith.t put of the dty binp south of tbs fkrt ward and out .ad muth of a he commencing at the center llasr of South Wuhtnltan Avenue aMI Eut St. Joseph Streets, and runnln~ froslr thslree mouth along the center he of South W- Avenue to the cantar llne of Holmen Road, thence weat alonl( the centa llne oi Holmm Road to the center he of South Logan Stmet (M-98), 8nd thence muth along the center he of South Logrn Street; ~THIIP)W~rnbecamprkdofdlthatputofthe clty lying mth of the canter he of WW St. Joseph SWt and west of the westerly bo- of the second ward; TBE~WAnDrhllbecomprhedofdltImtputof the - dty lying north of the third ward and west of the flrrt w8rd. orsddkdtbe- Section 5. 4. The Council rban moot and organlze on the flrrt ruch mtlng, or int such #hading other act# M may be requlrad for Itr org8nhtbn and the conduct of It8 budnea 111eethRi oi the - &an 5. 5. (a) The Councn rhrll mest ln the eatabhhed Coundl chunbora or such other placer M map be eatabll8heU by or- ante and ahall hold at I& one regular maem ln ach week. If any time .set for the holding of a regulu meethg of the Coun- dl mhdl be a holidw. then rueh re- mestfnn dmll be held at of ddence by the Clerk or by someone d-tsd by him. N~~- wltMsnding the foregoing nquirem- for t. calling oi aWchl meetinpr, sny opeclal mo8unO of the Coundl ah.n be a legal ape- cia1 maetlaf if all membera are pterent them% or In the ent that any member or membem be akan% lf aU abrant m-n have in nrltlng, wslved the nquiremeuta th.t notice be h: pro- vided, That a quorum be prenent. At the he of mMhg out or the dellvery of notleea for any mechl meetlnp, a WPY of the mtlcc of mch meeting .hall be also rent out or dollvemd to the onb of any dally nwapaper published in the dty. Proof of the of no- tices requlrd by thlr sectton or d the w(IIver thereof rm be en- tered In the journal of ruch meetlng. (c) No b&e~ rhall be tramacted at ~lly dal meetlng of the Council, except that stated in the no&e of the meeting. (dl All meetlngs of tho Council &all be open the publlc and citizena shall have a reBKlOnble opportunity to be head (e) Five members of the Coundl &all be a quo- rum for the transaction of bu- at all Of lb me&hga In the ab- sence of a quorum, any number le~!~ than a quorum may adjourn any meetlng or hearlng to a later date. (f) The Council shall determine It own rulw & order of budness and shall keep a journal, in the English language, of all it p- which jo- ahall be wed by the Clerk, after the approval thereof by the Councll. The vote upon the -- of all ordihulcw, and upon the adoptlon of all remlutiona &all be taken by '%s" or "NoH voter and &all be entered upon the record* except that, where the vote la unanimous, lt shall only be necw to so rtate. The publlc shall have acceiss to the mlautcr and recm& oi all regular and rpecial rn- of the Coundl (g) The Clerk shall prepare an agenda of bud- nea to-be conddered at each regular Councll mectlng, and, except when thlr rule la walved by the affkmative vote of & memh of the Council, no ltem of budnem &all be pllrccd on the aguuh for a Council meetlag, deg notice thereof was tiled In the office of the Clerk by 5:00 o'clock, p. m, on the thM secular preceding mcb 9 meeting. The Council &all @be by rule the tcm of muth bualnea which ahrll be placed on each agenda without the neccrdty of giving notlce thereof to the Clerk (h) Each member of the Councll shall attend dl meetlngs of the Coundl. The Coundl may compel the attendance of Its own membem and all other offlcers and department heads of the dty at lb meet- and may enforce finw for nowattendance in mch amount and manner ar It rrmy, by ordinance, prem4be. Any member of the Council, or other offlcer of the city, who refusos to attend auch meetinps, for reaeonr other than conilning Illnera, or to con- duct hlmmelf in an orderly mamer thereat, ahall be deemed WU~Y of a vlolatlon of thh charter. The Pollce Chief, or such other per- mn ar the Council shall dcmfgnste, ahall serve as the Sewemtat- arms of the Coundl in the enforcement of the provisions of thb mcUon and to malntain order at Council meetlngs. (I) Each member of the Council shall vote 00 each quertlon before the Councll for a deteretion, Unless e*cd therefrom by the aiiirmative vote of at leaat six of the members, but no member of the Councll shall vote on w question upon wm he has a private interest or a flnanclal interest other than as 8 cl* zen of the city. If a question L raised under thh 6eCtion at MY - cil meeting, such question &all be determined before the mJlr quwtlon shall be voted on, but the Councll member affect* rbJl not vote on such determination. 14 (j) Except In those csses where a larger majority la requlred by law or the proviaions of thls charter, no ordinance or remlutinn Wl be adopted or passed, nor shall any other offlcial action be Wen, except by the affirmative vote of at least flve mem- berh Health Fmmthnr of CounoiL Section 5. 6. To the extent and for the the that the health functions of the clty are joined with or abawrbed by the Health De- partment of the County of Ingham as prodded or permitted by law, the powers normally exerdaed by boards of health In cltim shall be exercised for the clty by such Health Department. In the event that the Health Department of Ingham County shall cease to exbt or to exercise and perform any of the health funcUom of cities which are normally exercised by the boards of health thereof, the Coundl shall constitute the Board of Health of the city and shall exerciae and perform such functions. ~tl~~10fPoasrr0ftbeOo~ Section 5. 7. The Council shall not have the power to make any contract with or give any official porition to any person who la in default to the city. Further, the Coundl ahall not have the power to sell any park, cemetery, or any part theroof, except where ruch park ia not required under an officml msrter plan of the city, or any property borderfng on a water front, or to engage In any F. r 1.1 business enterprise requiring an investment of money In ex- of ten cents per capita, unlm approved by three-flftha of the electors of tne clty, votlng thereon at any general or Ipcd.l election. in the clty. The effecttvc date of ur ordhunct ahdl k atatad t- In, but rh.U not be 1- than thirty daym from the date of itr .dog tion, unhm it In declared by the affIrmah vote of not Ian th.Il dx membtm of the Council to k an emergency ordhnct. (b) In the event of the codUic8tlon or c4anpil. tion of the ordinance& the depodt of two hundred printad eophr ln the offkt of the Clerk, available for publlc bptdton and at ccut, rh.LI conrtltute pubLlcatbn theroof. -tbr Section 6. 5. The Council may pro* ln ~Tdfnutccr 8doptd by it for the punirhmurt of vlolatlo~ themof by 8 ilne of not to exceed five hundred dollur or Imp-t for aot awrg th.Il ntaew d.yr, or both. In the dhmth d the COWL hphma~t for~~ofo~mrgbefnth.~orthe~tJjril or In my work house of the State whkh k authorbed by ha to receive prLanem of the dty. TlmsILdtfaPraadb~of~vkl.(knr Sectlon 8.6. No pmreeution for the vlolath of an ordhmum dlallbe~cedmorethan~Ysur.ft.r~ecommi8doaoi the otimue. withfn tcn d.yr. ~111- the dgtmtum thereon to determine the UWXW!. lrny aig~tum obtained morr thsn ninety d.yr baforethe~ofruch titbnwiththeClerkrhallnOtb~W I! ioa to contain an Euttidmt n-br oi -twr rapfr- tered eloatom of the dty, or to be Improper M to fonn or corn- pUance with the provJdo~ d thb atdon, the Clerk rh.ll now forthdththe~nillkrpmch~n,andtand.prfromruch notiflcetion be allowad tor the !iUag of mpplemtnt8l prwm r4r-- Section 8.11. Upon receiving m initlatory or dendam prtltbn from the Clerk, the Council rhU, wit& thirty drpr, dthsr: (a) I! 11 be an Mtiatory tltlon, adopt the ordinance M mbmltted in the pat& or dettrmIne to mbmlt the propoa to the elacton; or (b) I! it be a re!- petition, repeal the odaance to which the pekitbn refem or dstemnht to mbdt the propoam3 to the electon; -to- gbctfon 6. l2. Should tbe Council dsclde to ~bmlt the propod to~el~itrhallberubmit~atthenaxteIcctlonh&Inthe dtJrfm.n~~,or,inthedircMtlonoftheCoulldl,atar~ ~Th.~trhllbade~by.~tyvotcofthe ahtom mtbg therwn, except In aua when otherwte rsquind by law. -- mtlon 6.1~. ~he mt~~lon by the ~erk of the sufficiency of a nferendup petition withln thirty 6.yr a!hr the purge of the ordinance to *shtch nrch petltlon reion rhall autcmatkaY ml8pend the opemtloa of the odnanct in question pe- rtpd by the Coundl or filrrl determination by the elcctorr. An ordfarnct, adopt- ed by the electorate through Mtlatory pmctedbga w not be amend* or repealed by the Coundl for a period of two yeua after tho d.k of the electlon at which It nu adopted. Should two or we t%ihacea, adopted at the 8ame election, h.w conflicttnp pro- vLlolu, the one receiving the hlphat a!firmatlve vote rhall prevall M to thw providons. aiAPTEu7 am AD-TIIQN TIM nfByor. Section 7. 1. The Mayw ahall be the dty's cue! executive ofii- csr, and ahall devote hL entire tlme to the servloe of the dty. He rh.U be rerpondble for the canduct d the city'.- exec- and ad- minWmtivr work and services. He ahall predde at the - of the Coundl and mrg vote as a member o! the CoPndl for the pur- K of- a tie. He shall, from the to the, ghm the Cotlncil rmation concerning the affair8 of the dty, and- such mskwu u he ahall deem approprlate. He rball b.ve the right to demand and procure any such Lniormatlon as he may dedre from my elective or appointive admlnlstrative ofiicer or bwd, and It ahall be hla duty to iurniah such information u may relate to the atiairr of the dty as may be deslred or requested by the Coundl. He ahall be ex omdo, a member of every committee of the Council and of wery board, wlthout a vomareln. He rhall ~xerciae mptr- vidon over the lleveral departments of goyernme snd see that the laws, ordlnanceq regulations of the dRp ra dorced and, for that purpose, he % a conservator of peace.= -y exerdse within the dty, the pawem conierred upon aemwCe 17 prese &den and enforce the laws of the State and the ordinances and repuliationr of the dW. Tb -02 Pro-Tsm. currInd vote of at 1-t five members of the Coundl. ---- (b) The Mayor Pro-Tern ahall pertonn the duties and have the powers of the Mayor, when, on account of a In the otttce, absence from the city, dbbmty, or for any other rea- son, the Mapor is unable to perform the duties of hia oftlce: That he &all not have power to app0bt Or remove any offidal or member of any board during a temporary abaence or dlsabi~ty of the Mayor. If both the Mayor and Mayor Pro-Tem are tempomy unable to periorm the duties of the 0tflce of Mwor, the Council designate another of its members aa Acme Mayor to perform such duties. (c) When acting a~ Mayor, The Mayor Pro-~ern or the Acting Mayor ehall poseeee the vower to vote. Adopted ApN 28, 1964 ~tmsnta d Wve offlaera. Section 7. 3. On the third Monday in April tollowing each regular city election, or as soon thereatter aa may be, the Mayor ahall appolnt such atanding committees as may be provided by the ruler of the Coundl. The City Attorney, City Cantroller, Exmtive Adatant to the Mayor, AMersor, Treasurer, Dlrector of -, Sealer oi Weights and Measures, who may also be the Market mar, and such other administrative officers a8 may be authorized by thh charter and the ordinances creatlng such officer, &all be app&td , by the Mnyor at such times as vacandea may, or may be about to, occur. Each such appointment, ahall, except that of the Executlm Asabtant to the Mayor, be conhed by the Council before it & comes effective. Whenever My oiticer who is appointed under the provisions of this charter, &dl, for any cause, be unable to perf- the duties oi hia oifice, the Mayor, with the consent and confirmtion of the Council, shall have the power to appolnt a person to such offie, who ahall perform the duties oi the office, until such lnabillty rh.U ceaae. Mayor's Cabinet. Scction 7. 4. The Executive Aeglstant to the Mayor, the Clerk, Treasurer, Assessor, CiW Attorney, Dlrector of Finance, Controller, Sealer of Weights and Mewea, Pem1111el Director, each boud Chairman, and the chiei executive officer of the Ingham County or of the City Department of Health shall constitute the Mayor's Cab- inet .nd &all meet regularly at the office of the Mayor at lsut twice in each calendar month for the purpow of considering p* lems of the general welfare and of the comlaUon of the adalb istrative affairs of the city. Other meetings of the Mayor's C.bu may be held at such times as the Mayor ahdl derlgnate upOD j less than six hours notice given by the Clerk. Each Chalrm of 8 Board may be represented by some other person who is authorbod I to speak for the board. Through the Mayor's Cabinet, the a%Wd admtnistrative officers and boards ahall devfse a practical and ~k- able basis for cooperation and roordi~tion of work, e~mlmu as much as possible, duplication of effort and overlapping of f- tions, and shall, so far as practicable, cooperate with each 0th~ 10 the use of employees, land, buildings, quarters, iacillties, and .Q* ment. Subject to any provisions of law pertaining thereto, the ~Udr Cabinet shall estabbh rules and procedures and conduct trJnhU 18 programs among the lreveral departmenb ad agendes of the city and authorbed volunteer units or organtzotlons for coping with exist- inn and wtmtial problems of dsa8ter and civil defense. The Exec- ugve Aidatant to -the Mayor shall be the secretary of the Cabinet. In the absence of this otticer, the Mayor shall designate some member of the Cabinet to act as its secretary. Exmuthe Adsbat to the Mayor. Section 7. 5. The Executive A8siatant to the Mayor &uI~& on behall of and subject to the direction of the Mayor, perform the fol- lowing administrative functions: (1) Consult wfth and advise the Mayor concernfng the admin- htrative services, progress, and needs of the city; (2) Prepare the annual budget proposal for presentation to the Council, after consultation wlth boards, and officers; (3) Act as llalson officer between the Mayor and the officers and boards for the purpose of correlating the services of purch~ ing, personnel management and records, public services and im- provements, and in carrying out the policies established by the Council; (4) Receive, investigate, answer, and report on all requests for miormation and on all compLainb concerning the operation of the city government; (5) Perform such other duties and functions as are required of him by this charter and as are directed by the Mayor for the et8- dent carrying out of administrative functions and services, aw - Section 7. 6. (a) Each board set forth in thls chapter or au- thorized to be created by this charter shall be composed of eight members except as otherwise provided. Four members shall be from the city at large and one member from each of the four wards. Each member shall serve for a term of four years. In the first fnstance, the Mayor shall so arrange the terms of members of boards so that the term of one member at large shall expire in each year and that the terms of members appointed from the first ward will expire in odd numbered years next following even numbered years which are divisible by four; those from the second ward, in even num- bered years which are not divisible by four; those from the third ward, in odd numbered years next following even numbered yeasa whlch are not divisible by four; and those from the fourth ward, in even numbered years whlch are divisible by four. In the case of boards, the membership of which is appointed at large, the terms of two members shall expire in each year. (b) No person holding another city office shall be ellgible to a voting membership on any board, except the Board of Review. (c) Members of the boards shall be appointed by the Mayor. No such appointment shall be effective until it has been confirmed by the CounciL The Mayor shall file with the Council hb appointments to the several boards during the month of May of each year and the Council shall act on each such appointment, respecting the contirmation thereof, at or prior to its meeting held fn the second week in June. Each such appointee who is confirmed by the Council shall assume office on the first day of July following such appointment. Appointments to fill vacancies shall be made at any time and each person so appointed shall assume office immediately after the confirmation of his appointment by the Council. In the event a vacancy on a board is not filled within sixty dam atter such vacancy occurs, the Council shall appoint a c.ommtttee of three of its members to act instead of the Mayor in the making of euch appointment. Each member of a board shall be an officer of the 19 dtg and shall pomw the quaUficatinn8 rewired by tht charter for hm ace' (dl E.ch Dud shall provide It w ram of ramtnl.mtive procedure, whlch rules and any therein aha be canrirtent with the provlslcmr of thl~~ charter Md #hall k eftsc- tlve when approved as to form by the CTty Attorney ant? filed with the Clerk M a public record. te) Each board shall employ such personnel u It mrg deem necemary to carry out It duties a~ provided by dwtw, abject to w wlmary mcmi~t P~CU- the Mvfdon of Peranme1 w lomg M the tamc be reWaed or ie hereafter created orrctcsaotadbtlraCoPaclZandthebudgetallowancesoftheCoun- dl dth power to pmmute, mtc, mmoo3 or rPrprnd lb per- - for - of difflplh4 La~a~.dty, or for tha pood of the mmke. (f) Each bard shall rppolnt ib own Secretuy who rhall keep the reed d the bwd: Rovldda, That, where budget allowaecea are mcemw, auch appointment shall be subject to~bu~t.IlorPunceroitbeCoundl.Themlnuttlloi.1l~ meethga be flled In the ottlce d the Clerk u a pub& record andno~chlacUontkembyanyboud~t~~6haUbe or effective, mtll a copy of the mutea of the meetlnp at whicbsuchactbmt8keaIhllhrosbeen ~5ldnlththcClerk. (g) Each board rbrll, on or before the tht Mon- dayInP.b~Insrrhy~,~ewlththe~udthsCoundl a re- pmamthganuulgdroithe ntatuaand nardr of the nor& #rvtcQS and prop.rttcr under It coartrol. Dqlubnat d Law. Section 7. 7. (a) The admhbtntive head of the Department of Law Ihll be the Utg A-, who shall k directly rcrpoadble to thc CoaadL The dutler of the Deputmant shall Include, but rhaU not be mtd to, tbe followbg: (1) Actbm M Id ad* to the Comcll; (2) &M& &rr and boards in writing, in mattem relating to the omcial dutiw, when DO rcquerted; (3) PmwmUns ordinance vlohtions and con&- ruch carer In court urd More other Ietzalb colutltuted trtburrrt u tha Coundl I (4) Prcpulng or lwie* all Ordinanceq contra* bonds, and othcr writ- ixWmment whleh are ntbmltted by the Coundl or by the~aad~innurtterrofltEalIuturersl.~tothe - - amb8 d the dt~. rt (b) No bouh or offloer shall employ or retain special cod inwm~relatlmntotheaiirLrrofthecltYWb~t~~ tbe hraval of ruth- employment or rdainer by the Coundi. - optbs at~ aeh SecUaa 7. The admhistratlve head of the Depsrtment of the CTty Clerk rh.ll be the Cfty Clerk, in thir charter called 'Clerk", whor dutlm atdl be M follm: (1) He shall be the Clerk of the Coundl and ahdl attend all It 1 nwetbg8 and keep a permanent journal, in the EngUh hgaage, of it (9) He rhall certIty, by N. alg~tum, dl 0- mludm # and other actIonu of the Council and .h.L1 keep a record theread, which shall be public; f< t 1 (3) Re rhrll. uwn rwuert. administer w onth ra~m for ,. (5) He &dl be curtodlan of the dty real and ahall affix It to rll doeumcntr 8ad imhwmnb requIrlng the mal and rh.U attart 8ucb documentr 8ad inamlmULt8; (6) He &all give ample notice to the Coundl of the expiratla a~tlondaayfranchh,con.ct,or~mcnttowhichthe ~kaprrtj,mdtoate~~sd~omd.lboncb* qulred d than; (7) He ahall provide md mrinWn in hlr office a NPP~Y of forms f~allprtltionrraquiredtobeffl~for.ny~urporsb~the~* virionr dthL ehutsroranyordinuhce of the dty; (8) He ahall be the chld elcctloar oifl-r of the dtg; (9) He rh.ll be the mutodian of the reeordr of each Md, ex- cept u othmvh provlded for in - charter, but my act in ~ch upadty by -tad deputies or reprementatlven. =-t. Section 7. 9. (a) The adminirtratlve head of the Fhance De- partment ahall be the Director of -, who ahall be dinctly respondble to the Mayor. Untll ath4xwbe pravlded by -08, the blrector d Flnurce ahall be the Cantroller. (b) There ehall be the following divieione within the Flnance Department: 1. Division of Aesesements; 2. Mvieion of the Treaeury; 3. Mvieion of Accounting; 4. Divieion of Purchaeing. On and after July 1, 1967, the Division of Pereonnel ehall have the etatu of a separate department known ae the Department of Pereonnel, the administrative head and chief administrative offlcer of which shall be the Pereonnel Director. Adopted February 20, 1967 (c) The Director of Fhanm ahall pmecrlbe the organization of hi8 department. mabJcct to the pmvldom of thla &ubrs and ahall provide for the dutbr, 8u#orIttes, and of th. a*on heads, in no iU m the does mZ%E fere with the PeriorIMnce of any duty or act whkh h muired d a dhrldon head by law, to the end that the finend.l affairs of the dty mq ba Ftlc and ahnll accurately reflect the mund.l dt' of the ty'r government at all time& He ahall: (1) Collect for the Mwor opemtinO erpanrrr cathatea and the eap1t.l erttaVtcr for each annual budget; (2) Submit to the Council, through the Mayor, three tlmea each yeu fhuudal rtrtemenb In 8uffldent detail to &ow the exact iinradrl &tion of the dty; (3) F'mmre for mabmiaim to the Mayor and Coundl, at the end of each thal year, a complete statement and report of the dty'r tlarndal dttu. ~d~ Section 7. 10. (a) The head of the Divldon of hmment shall betherl5m#rar. Heahallpmemallthepow~vutedin,mdh charged wlth all the dutler fmpored upon. larwdnn ofilocna by law. (b) He ahdl perionn N& other dutler aa may be -bed for him by thh chuter and the ordhanw md Mwa d the Council, in no fu am they are not tncandrtsnt wlth the provWom of thin charter, DLPhkndths~. Sectlon 7. 11. (a) The head of the Mvislon of the Treasury ahall be the Treasurer. He ahall recelva .U monsyl be1 ud~elvaMebythed0.thatmaybe~tedby.ly~~ emplayee, including licenee feea, amaammtr, uld all other charges be10 to and yable to the dtg and ate all money8 a-le to th-ty hm IE e dte, county, or federal government. el or any court, sad ahall have curtody of all public fun& uO to or under the control of the dty. He &all depodt all such l,, 8uch dspwttorle8 aa may be dedgnated by the Caund! ln emCC with law and ahall ay no money out of the treaauy, -except -t to a w-t d by the Clerk, or the SmWuy of the B- Water and ught and counterwed by the Controller. The ~0-a may provide by ordinance in lieu of the disbursement of dty fun& putmuant to wmants, for the dlburment of fund8 of cf~ by cheek, 8igned by 8uCh offl~en a8 the C~uacil shall d-te m& ordirtance. (b) He shall have custody of all 1nvestmenb epd inveated tun& of the clty or in its poesdon In a flduciarg aprdt,, and shall have and be responsible for the anfekeeping of all be and notee of the dty and the receipt and delivery of clty bonda epd notea for trader, registration, or exchsnge. mvm~ll ad dasoUIItbw. Sectbn 7. l2. The head of the Divislon of Accounting &all be the Controller who shall: (1) In conformance wlth any uniform system of accounb may be requlred by law, maintain a general ~CCO~nthg -em for the dty and each of its officer, departments, .nd bo8rdn, and, within ruch accounting system, .hall supervise and be mwmWe for the dir- burecment of all city money8 lutd have control over all expenditurm thd, no an to insure that the budget approprlatlom are not exceeded; (2) Check all proposed expenditures and, before any contract which requirer the expenditure of public money shall be effective, certify to the availabUlty of approprieted f- therefor. The approprhtlon under which it la made shall be charged with the -aunt of the expendlture proposed to be made under aueh contract If any such contract shall not be entered into, the amount m ap(..( ouch approprlatbn ahdl be reinstated and ahdl be ax for other purpascrcl wlthln the lntent of the approprietion. moldon Of~al. Section 7. 13. There may be a Divislon of Personnel. Tile head of the Divislbn of Pemnnel shall be the Personnel Director who rbsll be reapondble for maintaining the pemel recordr, md admlnlsterlng the primary psrrronnel recruitment activkks of #a city for such departments and boards, except the Department of City Utllltier, an thls chsrter, or the Coundl by ordinance, rhrll prescribe. The Department of City Utllltles nuy employ the servlca . of the Divislon of Personnel to the extent and in such manner u the Board of Water and Ught and the CouncU mu spree. Man a RKab-bc. Section 7. 14. The CouncU may, by ordlnanee, create a Dividan of Purchasing which shall serve all the depertmenb and boardr, except the Department of City UtUitles. The Depsrtment of ae ' Utilities may employ the services of the Div'i~kln of the extent and in such manner as the Bmrd of Water and Light .ad i the CouncU may agree. I . - Daprhent oi P~bk mty. Section 7.16. (a) A Board of Police Commis8ioners, which 8h.l' coneirt of eight members, shall be the adminietratlve head of tk Department of Public Safety. The Board shall be reeponsible to the Mayor for the conduct of the adminietnrtion of the police Sewice of the city and to the Council for the putting into effect of the 9Ol'dm of the Council which relate to the function8 of the departmmt. * Board shall organize and conduct the police services of the a manner consisten-t with the best practices. (b) The city shall have authority to afford police protection to property owned by the State of Michigan and the United States of America and may enter into any agreement or contract providing for compensation to the city for such services or the avail- ability thereof. (c) The Board shall appoint the Police Chief, unless a different method for his appointment is provided by this Charter. He shall be the executive officer of the Department of Public Safety and directly responsible to the Board. (d) Each member of the police department shall, before entering upon the duties of his office or employment, take an oath of office similar to that required by officers and shall file a copy thereof, subscribed by him with the Clerk. (e) The police force shall have and exercise all the immunities, privileges, and powers of police officers and sheriffs granted by law, for the preservation of quiet, good order, and for the safety of persons and property. They shall possess and exercise the powers of arrest granted to peace officers by law and shall promptly take any person who is arrested before the proper magiatrate or court to be dealt with accordlng to law. Violatione of city ordinances shall be deemed to be misdemeanors for the purpose of establishing the power of police officers in making arrests therefor. Section 7.16 (a) A Board of Flre Commissioners, which shall consist of eight members, shall be the administrative head of the Flre Department. The Board shall be responsible to the Mayor for the conduct of the admintstratian of the flre service of the city and to the Council for the putting into effect of the policies of the Council which relate to the functions of the department. The Board shall organize and conduct the flre services of the city in a manner con- sistent with the best practices. (b) The city shall have authority to afford fire protection to property owned by the State of Michigan and the United States of America and may enter into any agreement or contract providing for compensation to the city for such services or the availability thereof. (c) The Board shall appoint the Fire Chief, unless a different method for hb eppointment is provided by thb Charter. He shall be the executive offlcer of the Fire Department and directly responsible to the Board. (d) Each member of the Fire Department shall, before entering upon the duties of his offlce or employment, take an oath of office similar to that required by officers and shall file a copy thereof, subscribed by him with the Clerk. (e) The Board shall maintain and operate such ambulance, inhalator, and other life saving and emergency services as the welfare of the inhabitantcl of the city may require. (f) The Board of Police and Fire Commissioners shall assume their respective powers and duties and the provisions of this revised section 7.16 and revised Section 7.16 shall take effect July 1, 1967, at 12:01 o'clock AM., at which time the existing Police and Fire Board is hereby dissolved; provided, that said Boards of Police and Flre Commissioners shall be selected prior thereto aa provided by Section 7.6; and further provided, that the taking effect of said revised sections shall not effect the validity of the appoint- 25 merits, rulee or regulations made or adopted by the Police and Fire Board, or the statue of employees hired under ib authority, until and to the extent that the same be altered, revoked, repealed or termin. ated a0 provided for by law. Adopted Februay 20, 1967. Ue~toiatlUtllitisr SeCW 7. 18. (a) The -tiye hed oi the Deparwt d Uty Utllltier rhrPl be the Board ab W* .nd Light The Bm of Water and EhMc ElObt u COmtltuted exlrtlng an the effdve dab oi thb chutar, rh.ll -lute the Board of Water and Wt under .ad oub$ect to the pravklm oi Ulle charter. The Board ahall a polnt itr own mmebr~l, a~ a DWtor d City utiuw who .h.& h the officer a dtrectly wand- to the M The Boud rhrtt hm full, -- ~lete,urdsntlrs~dtbsd~8mta;hrt,.add~~. ~Ib.llmrkeaIl~~~~,~rh.ll~ ud conduct the dfah of the system for the apply and dltrlbutlon d -tar and the gen~tlaa and di~&Wtbn of 4- Utmdpawffandofrtearnudrtcamhtina~~c~~ wlth the be8t prrrcticar thex'efor. The t of Uty UtiHtiea andiU~L.llnotberub~toa~bytb.~~~ se&h8 7.- 81, 85, 88, 8.8,16& la la, Ud 153 thrauph 13.8 d thlr charter. (b) The Board have the power to awe property, both red and per#arrl and inkwlrtr in pmpewty in th name of the clty for the purporcr of the xhpmtmmt of Clty UtU- itlea and ahalI hve the power to dLpora Oi th. nme by sic, ex- chnp.orlu:RpvldCa,Th.t~Boudrh.llnot~of~ property or any inter- therein by ale or h.rs, except upon the approval thereof by the Wtr Oi not 1- than dx mm- bera oi the Coundl and wbject b the IhnItrtionr car the de of propcrty by the dty contained in tbb cbutar. (c) The Bond dull hmw full paw- and author- lty to tlx all rates for water, elcctrlclty, d 6team, which ratu ahall become effective Ullrtg d.pr after the ram0 have been filed wlth the Clerk u a publlc record. (d) The fun& and revenuer of the Department of Uty Utllltlea shll bc creditad oaly to the trusdr and account# oi the Department and ahall not be wlthdnwn or wed for anp other purpore whtwevar. The Bead ddl haw and urardre full can- trol om all of the funds d the Daputmant of Uty Utllltles. AU wmmntr drawn for the payment of money, under authority of the Baud, rhll be 6I@ned by the Secretary d the Bard and COUI*- wed by the CantroEer. Whmu Mch W~I'TUI~S LPsued and there lr no money for the pryment tb.noi, the 'ha8wer upan presentatlon of any rueh warrrrnt by the holder, rtamp an the face themof the date of Wtia and a statemeat that ruch warrant will bear inte~cat theredtar at the rite of * Per mntum r annum Such inter& .h.n r5trr four r s gte of notice, dvcn to the holder or manner the~orrdmaydtrect,th.tmh-tmoarwonhandto~ the ~mc. The CouncU may by or- tor thc dlrbu- mant Q! moneys of the ~o~rd by ch& mad by the SeclatsrO of the Bwd in accordan- wlth ruch ordirunca. (e) The Bwd may pm far the pand ouch emplom. ""d of any employee of the Department or the wid01 or d~dcnt ~talPdblteBmvba section 7. 19. (a) Thm Is hereby created a Deeent a Publlc &mice which, wlthh the Ilmltrtlosu of hw, ahdl k 24 dble for the planning of, lmprovemenb of, extensions of, additions to. and the operation and maintenance of the public work8 and sew- ice lkailitka and of all propertiem of the dty, except ruch M are rpadflccrlly charged to the ntrponalbility of another board or agency by thla charter. The admlnhtrative herd of the Department of Pub- lic Sarvlce dm11 be the Boud of Publlc Servlce. Th Baud shall organftn and conduct the publlc worka, mrvlcea, and properties of the dty for which it Is reaponrdble, in a manner condrtent with the best pr8ctlnr thaefor. (b) Said Board shall be xemondble to the Mayor for the conduct of the adminWrntion of the Departmeat of Public Servlcc and to the Council for the Earryfns out of stlch general pol- icier caacerning the public worka, servlcea, and propcrtlm of the clty a8 the Coundl ahall prescribe. (c) The Board ahall appoht a Director of Public Servlce who ahall be the executive officer of and dlractly respomi- ble to the Bwd, and a Clty Engineer. Both ahall be regbtered Pro- tcrdd - of the State of Michigan. Ptnabl-t Sectlon 7. 20. ta) There b hereby created a Planning Depart- ment, the .dmM.trative head d whlch ahall be the Phnning Board. The member8 of city at latge and ti- having an interest Two mamkn of the of April &dl without vote, for terms of one year each, beginnlag on the ifnt of May foIlowing their appointment. (b) The Planning Board shall pollreer and exer- dse all of the powers and functlanrr of pkmnhg commigionr under the pmvLionr d Act No. of the Public Acb ot 1931 and ruch amendmenu and ru wlth the year 1958, cing the other officer6 and Pm gram for capital urea and lmpnwemenb the same to the Mnyor and Coundl not later than the firat day of February d each year. Propond lmpmmenb lbbd in ruch pro- gram ahall be set forth for each year in the gend order of thelr priority and recommendatlona shall be made for the financing thereof. lannlng Director who sW be the ant and directly re8pondble to th of Mor and Secretary may be held by the name penon: - --t Sectlon 7. 21. (a) There Is hereby created a Traffic Depart- ment, the rdmlnlstratlve head of which ahall be the Traffic Board. It shall be responsible to the Mayor for the co-ordinath of traffic activitier; ruperviaion of the preparation and puWcati011 of trattic surveys and traftlc study reporb; receiving ruggedom relating to trafflc matters; recommending to the Mayor and the Council ways and means for impmvlng traffic conditions, and perfarming auch other dutlcs pertaintng to traffic and parking M the Coundl may, from time to time. delegate to it The membem of the R.fllc Baud shall be appointed from the clty at large. In addlticm to the regu- lar members of the Board, one member of the Coancil to be ea- lected by the Coundl In the month of April for a tenn of one year begin- on the lst day of May following his appointment, and the offlcer in charge of the Police TraLilc Department, ahall serve M ex offlcio members of the Traffic Board, without vote. 26 (b) The Traffic Board shall appoint a qualmed Traffic Engineer, who shall be the executive owcer of and buy rerpoarible to the and who may also Bsrpe ar its hhry. The Trafffc Board shad have the authority to recommend to the Council the location and type of treific-~ontrol devlcen; determine the location of, and, thereafter, with the conrent of the council, install and rnalntab on-etreet parking and metem; operate offatmt parklng facilities; and shall dedlplate crosswalks; m~ lbh mfety-zones, and mark Mfic lure& The Tr- -r carry out the directions of the Traffic Board, shall counrcl and ad. vise with the Mc Board in all mattem pertaining to ita !UC- and &dl carry out such other duties ae may be Imp- by ordinances of the city. The Traffic Engineer my tea ttaf8cmcon. trol devfces under actual conditions of traffic. lMpuhdmt of P8rh .ad Baaremtion. Section 7. 22. The administrative head of the Department of Parka and Recreation rh.ll k the Park Borrd Tbe Board of am+ tery and Park Couunisaioners, en conrtltubd and aad~~ting on the effectlve date of this charter, ahall continue as the Park BOW under and subject to thls charter. Said Board shall be respondbk to the Mayor for the conduct of the addnishtion of the of its department. The Board &all appoint the -tor of pg~k,, and Recreation who ahall be the executive officer of and dire* responsible to the Board and Aall or- and conduct the a- fsirs of the parka and cemeteries and of the recreation fncutim and programs of the city in a manner condstent with the practices therefor. ddditbd AdndaUrrtlve Powem .ad DPW Section 7. 23. From time to dme, the Council may, by ordl- nance, prelcrik additional powers and duth, not incon6lstent wia tt& charter, to be exerdsed by approprhte admlniaratlve officar, departments, and boarda. UtioMl Depuhnanta .ad Ageaalsr Section 7. 24. The Councfl may create and msintah such d- ditiorul ulministrative agencies and boards en it shall deem ncee, aary for the conduct of the administrative atfaha of the dty: Pro j vided, That no such board or agency ahall be glvbn any powera .Dd duth whlch overlap or interfere with the poaran and dutles lm- pared upon any oftice or department creat8d by thl# charter. E.eh such board or agency shall be created by ordhunce, whkh om- mce shall conform to the provhlona of this charter ~latinp them- to and shall clearly set forth the powera and du- thered md tbr stsndarda for the acts and rule to be perfomsd or pre6crlM th- by. mch such addnismtiw agency or bonrd be' rcrpond#c, to the Mayor for the conduct of the affh of the dty tn&u&d to it and to the Council for the carryhg out of ita generrrl poll* pertaining thereto. aHAPTEu8 0- mANa mmd You. Section 8. L Beginnin with the calendar year. the flrorl and ~mt year of the c!ty, and ot its agenciq &all krin 0 the iint day of July of each year. Badrot - Section 8. 2 Not later than the first Monday of Feb each yew, each department and board of the city shall the Mayor la itemized entimate of itr expcbd kame tuna during the next fkcal year, for the deputmant or der itr control. The Mayor M prepare and nubmlt to the Council as a committee of the whole, not later than the fourth Monday in March of each year, a recommended budget within the tax Urnit and other revenue sources of the dty, eovcrlng the next fircal year. Such recommended budget shall include there4 at leut the follow- ing Information: (1) Detailed mtimatea with nupporting explanation9 of pro- posed wturm of each dement, board, utllity, and agency of the city, md dl nu& estimate6 shall show the actual rppmpriatlom and expanditurea for correapondlnp ltemr for the M precdlng flr- cal year, ln N1, and the appropriatiom for the currant firorl year, together wlth the expenditurea for arch year to January fimt, and eathated axpenditu~ for the balance ot the current thorl year; (2) Statements of the honded and otkr InB,btuhm of the . - . - . -. - - - - - - city, rhowing the debt redemption and Intenrt rr~ulnm, the debt autho-. and unhuad, and the condition of d~lkhg fun&, if any; (3) Detailed estlmatea of all anticipated revenuea of the city from sources other than taxes, with a comparative rbtement of the amounts estimated for and act- received from each of thq mine or simllu sourcar for the last preceding fLcll year, h full, for the current &cal yenr to January first, and ertiarted ravenuea for the balance of the current ftcrl year; (4) A rtatement of the estimated accumulabd cuh and un- encumbered balmncea. or deficits, at the end of the current fluul Y-; (5) An estimate of the amount of money to be rained from current and delinquent taxes and the amount to be rahd from bond bur which, together with available una~pro~riated nuRlrplU9 and .ny revenues from other soureeq wlll be nmglrg to meet the propond expenditures. Frvther Budget Roaadwa. Section 8. 3. The recommended budget of the Mayor together with hla nrpportlng schedules, InCormatIon, and mmaesr, 6hall be reviewed by the Council aa a committee of the whole. Thlr, together wlth the recommendattom of the Councll and lta mpporthg ached- ulea and tniomtLon ahall become a public record, a copy of whlch &hall be avrll.ble for public impaction in the ofilce of the Clerk, on the fourth Monday of April of each year. Wdllet -0 Section 8. 4 A public hearing on the budget shall be held net leas than one week atter it becornea a public record and at leaat one week before Its final adoption, at 8uch time u the Council rh.ll dl- rect. Notice of the public heulng ohall be published by the Clerk at leaat one week in advance thereof. Adoption of Brdlst. Section 8. 5. (a) Not later than the thlrd Monday In May of each year, the Council shall, by resolution, adopt a budget for the ensulng fiacal year and make an a mprlatfon of the moaw needed -or. such resolution stmu dLte the non to be n~ by taxation for the general purpose8 of the dty and for the paynrents of principal and interest on Its indebtedness. Failure to ado such resolution wlthln the time hereln set shall not Invalidate elgr the budget or the tax levy therefor. (b) A copy of the appropriations for each fiscal year, certified by the Clerk, M be furnished to the City controller. Budget Cbntrd Section 8. 6. (a) Except for purpoaes which are to be flnanced by the issuance of bonds or by special -nts, or for other purpoaes not chargeable to a budget appropriation, no money &dl 27 be drawn from the treasury of the clty, except In amordance with an appropriation for such purpore, nor 8&ll any obllgatlon for the eP tun of money be incurred without an appropriation oov- all paprenu whlch will be due Pncbr Nth &lgatlon in tbc d year. The Council only, by moluUon adapted by the b.- atiw vote of not less than dx of ib members, w appropriate un- appropriated funtin in the handr of the Tmnu+r or truYC.r my un, -red appropxw!on balance, incl t account afthe neralhdofthedty,oruiy~dLLtl#&~many~ am &artment, or Vrpr to anom. (b) -turtka rh.ll not be chard dkectlv tn the cantingent account Ideal, the nocammy part ofthe appG6 ation from such account &dl be t~~l~kd to the appropriate arunt and the expenditure then tbercto. of October, January, .MI April in each fLorrl yeu, the Ci Coatroller &dl mbmit to the Council data rh the rakttat-t~ th. wtimat4d and .rrrm rwenuea and e S2&-toht.:uk~tt.hlnamut.ata~ from tlme to time, and, when no 1- requfred for mch purpO@e~ such moneys or any part thereof may be Memd to the general fund by a ~utiou adopted by the 8ffhmtive vote ob not 1- than dx membem of the Caundl lmMmwdofFBndb Wall 8. UnIem otherarlse provided by Isw or by ordinance, all hadr drawn from the tr-y, other than funds under the con- trol d the BW of Water and Wglrt, - be drawn pursusnt to the authority .nd appmprktfm of the Coundl. The Can-, where LI- to expedite opera- proeedurer, may autharlrs in wrft- hg, oth.r offkera and ernplm of the dty to make &or didurse- mCLLta from carh accounts. Natks te city d akim for Illwbh Section 8. 9. The clty shall not be liable in for iajurg to pexm or property by reason of negltgence d the dty, ib oiff- or ampbyee8, or by rolusm of up, defective hlohm, pub& wort public rstvies Lmprov~ment, or MtJr of the dty, or bp rcluon of any oarhpctlon, ice, arm, or other encumbmm thereon, within dxt~ 6.sr atter mch Wurp occurred, the wrson &amad or - - & ee a- to be raved upon the Clerk a attan ating of any public utllity which the city is authorized by law to fi. nance ln Ulls manner; (5) Bonds hued in antlcipation of future pay- ments from the Motor Vehicle Hlghw.3 Fund or w other fund of the state which the city may be permitted by law to pl4ge for the payment of the principal and interest thereof; (6) Water main extension bonds, in an amount not to exceed one hundred thoueand dollrrs, for the pment ctf which the full faith and credit of the city are pledged, for the re- funding from time to time of moneys advanced or paid on - merits impoaed for water main extensions as bulldings are con. nected with such water main extensions, which bonds shall be my- able in not more t. thirty yeerr; (7) Tax antlcipation notes, which may be hued in anticipation of the collection of tax- in or during the current or next succeeding fiscal year6 of the city or any other years permit. ted by law, in the manner and Sub-t to any limihtl0~ provided by law; (8) Calamity bonds, lssued in case of fh, flood, or other calamity for the relief of the inhabitants of the city and for the preservation of mudcipal property, in a wm not to exceed three-eighths of one per cent of the asacrncd value of the real a personal property ln the city and ahall become due in not more thm five years. (b) All collections on each special amessment mu or combination of rolls shall be set apart in a separate fund and be used for the purpose for which levied and for the payment of the principal and interest of bonda issued ln antlcipatlon of arch rpedal vnta As to sueh of llpld bonda as are abo a general obligation of the dty, If there is 8ny defkkncy in a rpedd arerc- ment fund to meet the payment of the prlndpsl or lnterest to be paid therefrom, moneya &all be advmced from the general funds of the city to met such defidency and ahall be replaced in the gen- t.l funds when the special assessment fund shall be mffldent them for. (c) Each bond or other evidence of lndebtednem shall contain on its face a statement aped@bg the purport for which the same L iwed and the proceed8 thereof shall not be ursd for any other purpwe, except that, whenever the proceeds of any bod me, or a part thereof, re- unexpended and unencumbered for the purpors for which Wd band issue was mads, the Coundi may, by the concurring vate of not less than dr member% authorirc the we of such unexpended and unencumbered fundo: (1) For the retirement of such bond Issue, or (2) If such bond he has been fully retlred or li w Of such funds remaln after mch retirement, then for the re- tlrement of other boa op obligations of the dty, or (3) If then is no other indebtednem, then for such other purpose or purposes M may be permttM by law. (d) No bond or other evidence of indebtednen, regardleas of type or purpoae, nhall bear interest at a rate exceeding rbr per cent per snnum. (e) All bonds and other evidences of indebtedned &all be rlpned by the Mayor and counterdgnd by the Clerk, -4 the seal of the dty. Interest coupons mry be executed with the f8w dmlle dgnaturea of the Mayor and Clerk. A complete and -4 record of all bods and other evidences of indebtednea &all be kepti by the Controller. Upon the payment of any bond or other H-4 of Indebtedness, the same shall be marked 'gCancelled." (f) Any officer who shall violate the 80 of thia &action .hall be deemed guilty of a violation of thk 1 I Ilmltdku Upon Bermwing Powem. Section 8. 11. (a) The net bonded indebttdntm fneurred for all public p~rposea shall not at any tlme exceed ten percent of the aaresred value of all the red and ped property in the dty: Pro- vided, That, in computing mch net bonded indebtabem there shall be excluded money borrowed under the provialom of Section 810 (a), claw (2) to (8). inclusive of thIs chapter. The re11ourcea of the sinking fund pledged for the retirement of any ou- bonds ahall also be deducted from the amount of the bonded indebtedness. (b) No bonds shall be #old to obtaln fund# for any purpcwe other than that for which they were ~p&fbdy au- thorized, and, I any bonds are not sold within three yea. after au- thhtion, mch authorization ahall be null and void. Iaeilnn A. 14. Tha Caundl shall dulcmta dmoattoriss for dtr fun& In aC- oo~nEs-Zth-bt;i;rtai&na&r~-pmriae iGorthe radar d~dt of au- city moneys. &ctlon 8. 18 (a) The Depa-t of Intern1 AudtU ia herrby enrtsd me ad- mWtntlre had of such demrtament #hall be the IntaW Allditor, who rh.ll be CppOhted by the Counell ad' same ~t the pl-e of the CoundL Ib. Damrbemt of Intarnal AudlUns #hall han ~nd perform such dultlsr, md be raW~ib1e to tbe Coundl thewfor u am prorlded by ordln~nce, but ~ch duUaa and th. prriorInUm th-t nitall noi in any numar be ~ktltuW for or in ~au of the tiutiaa ta or muired of the T1mnc.a DaDartment as 9mdded by BectioM 7.8 ta 7.14, in- dudre oi thin charter. Adopted Aprll 5, 1864. Sectlon 8. 13. An independent audit ahall be made of all accounts of the city government at the close of each fhml year, and shall be completed within ninety day# the dits may be made at any the that much audits rb.U be made by a Ca aated by the CoundL Tha l~sulta di each much audit stdl be made public in the manna that the CouacIl daermln- and Copam the& shall be placed in the Oiflce of the Clerk, of the City Controller. termind M of the iint day of Januuy, or such other date M nyg uently be required by dm, which rh.u be deemed the on the mmmmeat roll t- a=*- t, thefa&eaWlagontheturda~fortheyeuiarwhichruehm~~ la m& and no change of the rtatur or of the btlon of my much roperty after that day rh.ll be considered bp the A88euor or the Lard of Mew. ~~4~- won 9. 5. (a) If the Treuurcr tindr or rearonably believes that any perron, who 4 or w be, llable for taxes upon penow ,thctuPrbledtpraLwhichw~Inthcdtp~turdry.~- &part from the citg: or to remove therefrom paroarl property, whlch 4 or mrry be, llahle for tawtion: or to conceal hlm. mlf or ME prapertJ; or to do uw 0th- .ct tcndtnO to ~Wudke, or torcwderwbollyarpartlYIn~the~tocollectruch tax, dm procdhm therefor be b-t without delay. he caw aotlce of hlr fhdU8 to be glvm mtch PMOII, together with a demrnd for the -ta p-t of ruch WK. -reupon, the tax &allbccameimmedl8telydueandpay.bb.adtheTrawrrarrh.u have and axe all the poftrrrr, prlvlleirm, and ~mwatlves pant- ed by law to township and city tremmfl for the collection thereof. Ifthe~uwll~~tof.np~lch~h.lnot,8ttbetlmsoi~ finbtal,~~I#cutretheramchrrnot~8prrd upon .ny tax dl, the Rwnvsr shrill crtlmrte the amount of the hxupon8uch~proprty~thesrtlmakrhllkp~ tobethermormtoituuponich~rtywblcb,~with other tax- that have rcrued thereon, rhrll become payable u h inrboveprovidsd.ThaturmcutlnutedbytheTc.uurerIhrll,umn glvhg oi the 110th hanln pmvldbd, WIM a Ha upon the pmg erty llable for ruch tax, Such Hen ahdl be of the rame type and legal effeet u the Uan upon personal prow pmided In SecMon 9.16 of thl8 chap-. If ich e8tbnat.e of the& ib.n be In ex- of the amount of tur mread apainrt such property upon the tax dl aforrrid, he .hall refund ich exma, upon the demand of the penwn hm whom It wan collected or hlr legal representative. (b) If ruch penon furnIshu 8ecurlty. 8atWadmy to the Treasurer, by bond or otherwbe, that he wlll dub pay the tax or hxea to whlch the Trmmrefr flnding relater, then ruch tax or taxer rhrrll not be payable prlor to the time othemke flxed for the payment themof. (c) Actlon taken by the Tremm ln accordance wlth the provieions of thL rection shall constitute dlllgent lnqulry and the exerche of due diligence in an effort to collect the taxea wlth respect to whlch the actlon wu taken, u requlred by Sectloria 56 and !SA of, and elmwhere ln, The M- General Property Tax A& The Treasurer or hb bondannn rh.u not be llable for any taxes which remaln uncollected because the Treammr, in hSa d- mate made in god faith, ha8 underestimated the turer to be psld on any property wlth re8pect to whlch such action L taken. ~0naltbeAvsrmentBoa Sectlon 9. 6. (a) Prlor to the third Monday ln March in each year, or such othex dab M my mbrequently be nqulred by dtub~ the Ageslor shrill prepare and certUy an afisewnent roll of all property ln the clty. Such roll shrill be prepared acco-a with statute and thb charter and may be dlvMed into volumell, W~ &all be ldenttfied by the henor, for purpoaer of con~~wce handling the .rrersment roll and for locatlng properfla therein. The attachment of any certlflcab or warrant muired bp ta chapter to .ny volume of the roll, either an an ~~*t or M a tax roll, hall coadtute the attachmant thereof to the en- roll, provided the revera1 volumw are ldentlfied much certltfau or warran+ Vduea of property mt forth on the ~emm*~ ahdl be determined .ccordlnp to mcq@ZOd method# of mematic amemmmnt. (b) Not later thn om week prbr to hL mr- titication of the rrarr~maat roll, the kwrror rhll (1) coanfleb to the best of bb ability, from fniomntioa avdlable, a trat.thre as- rarr;enant mll and make It available for public lnvectlon at hlr of- ficaiaraprrkdofatlaadoneweek,.nd (4) giveanotb,b~ehrt clud,dwoh.np~~MIt..~auluInthe ~Valwofurpp~,oroith.ddt dmyproL=Q to the dl, to the owmz tb.laob u rhawn by the uboment roll. Such notice Jull advh the p owner to whom it b ad- on or addltb of property to -tb.tth.ehuu.In-~ the aammuat roll betNmmmdwiththe~athlroitlce prior to the al.r7 tbeBovdof~.The~~togiveor re!ceIve 8uch aottce dull not Invalidate any 8nenment roll or u- ~omsnt them. (c) Ths haemor shall, durh the pdod of pub- lich UosZhssrand~~&~hq~wIthnprdtothetolland my &&e the roll Wan certKhtbn, but only u a reeult of any Informrtlon obtalned dt.r amphtba d the temutlve roll, either u a result oi an hqPtrp or otkrrLc kuidmvbw. Sectbit 9. 7. (a) A J3oard of Review Ir hebp created, com- porrdotiirtmsmbur,twoofwhomrbJlk~aLtheCoun- dl. and tIuw ad whom dull be mgbtmud .kctoar of th dty who h.vs the qtmWkatio~~ for holding appalntlve offhe h the Jty, u wt forth fn W.ctbn 42 of thlr charter, and who am ownam of ropugr amnod for tax~laa h the dty. The nvlnkrr of the km~d of RapklR rb.U k appolatad on the buh of their knowledge and .xptri.nce b proL=Q vdutlon. (b) The Con- members of the Board of Ebview shall be elected by the Council annually in the month of January. tc) The mn-Councilman member8 of the Board of Ebvlew shall be ap inted by the b¶ayor, wbMt to the coathna- tlonofthe~ound~~e~tthrseof.ueh~mkm.hrllkap pohtd during the month of January, 1956, for tcrrmr exphh# on July 1, lBS?, 1968, and 1959. Thereafter, one member rhrrll be ap poInted by the Mayor, at the rune time and in the nma manner aq other appointments to boar& of the dty are made, for a term of threepeur,commendnponthefollawingJolyilnt (d) The Baud &all, mually, on the iirrt day of Itm meem& -1-t one of ita memberr ch.innrm for the mrulng year. The Avrror ahall be clerk of the Board, and rhall be entitlea to be heard at Its done, but shall have no vote on any propod- tion or quatbn before the Board. D&aead~ofBoudofaevisrP. Section 9. 8. For the purpue of revhing and correcting u- neasrnentr, the Board of Review ahdl have the same powers and perform like dutias, in rll mpecta, u are!, by atatute, conferred upon and required of boarda of redewn in towmhip.1 except M otherwise provided in this charter. At the the, and In the manner, provlded in the followhg aectlora, it ahdl hear the camplainto of all peraone coni3idelsne thenuelver aggrieved by asseamento. If it &all appear that any puron or property haa been wrongfully asses& or omit- ted from the roll, the Board ahdl correct the roll In ouch manner as It deem8 jut. Except as otherwLe provlded by statute, no pemn other than the Board of Mew shall make or authorize any change upon, or adwon or correctlon to, the aaMssment roll. The Awwr shall keep a permanent record of all proceedings of the Board and enter therein all resolutions ahd decisions of the Board. 83 YbstlpyafB.udoflmkJw. Scctlon 9. 9. (a) The Eoard of R8vIew mnlrene on the third Monday In Much In each year, or on INch 0th- date M may IN~~~ntlgbarepuindbyrhtutcfor~wa~ofBoarQofRe- triawIndtleaatmchpWsrrh.llbe~~bYtheCoundlat ttr fhnt regular merrthg In Febnury adl dt for not lam than five calendar dap: Provided, Wt, K the CXnmdl dam not m da- aatc a phce for the meeting of the Bocud d Review, it rhrU meet ln the Council chamber. &bed by statute, whlch added amounf when toll- shall blow to the dty. Tu Boll Cmtmed for cel-1~ Section 9. 15. After rpreadlng the taxes and pkdl~ other M- aesanenb and chargee upon the roll, the hse##~r rh.ll the tax roll, and anaox hlr warrant thereto dh&bg .nd rr~- the Tnnrurer to collect, prior to March 5mt of the fo- p~u, from the several perwns named In the roll the 8evenl mtIn8 mentioned thereln opparite their rsrpectlve nuner aa a tax or -f and granting to snd vesting Ln the TreIUurer, for the p- of col- lecting the hxee, mmmmenb, sad elurge8 on mn?h row all the statutory powem and IrnmuntUea by tomuhip tre8mrera for the cdlection of Wen: Provl~That taxes oa .ny clty tax roll whlch mlll.ln unpaid on the &st day of November, may k W to the December tax roll to be collected thereon. Such tax d shall be delivered to the 'ihmww on or before the thirtieth day of June. TuUlmemRop&y. Section 9. 16. (a) Except aa provided In Sectlon 9.5 ai thh chapter, such tax- shall be due on July flrst of each YM~ and, on that&y,thetuarar#orradtotheownemaipurosul~.h.L1 kcanrc 8 debt due to the dty from the pemam to abom they am aulewd and the amounb urslrad an my inter& la real property ahdl bacome a Ilea uwn such real ~mmrt~. for Nth unounb urd , , > . - - .. 3;' -..;,;;.;., ,; ':+sd.j ;&,.. , ,,,; ' : i. .. - -- .. . . , . . .. > :.., :?I;? ;..?. ??:: .2;:v;. ;.' . :<,.,. . a, for all Wrest and chga theremi , Y',. . ' ..>. . . I .A, , . . . . . (b) All pemnal taxer rhall k • flmt lien,. prior, . , . , .. . . . ." - . ".-- ,.;*, . ,..,. t. . '. , ' . ,4';< .. ...!', .. . b' .,' ,:,:,..:. .. 4:. :..,.,.',. " '. "," . ' ~'.'Pji.;.~'t., 1, <. ' " I superior, and puamount, on all personal property of nu& pekm ~.,.,, ; * \\. <:,F?.;$:<$.;,:.!>; ;;pt>; i; $+y;$'. ":"; ,! .~7Y~,,+;i";!~,s,.o., .., 1.. -i.jp~::$~, F# so 88m66d. Such llen shall take precedence over all other claims, ik, -&: pkq:$pr.d , .'C I:. ~f$.~i~,;4~~j~.;$,$y$$ ,..k. ., . . z - :&$,@3 .,+, .. ,,q; .- encumbrances, md lluy to the extent provlded by mtute, and shPll continue unffl wch taxes, interest, and charges are paid, tax on pcnoarl property asaemed to hlm, the 'Ihuunr rh.U col- lect the rrrmr by reidat the parronrrl proOarty of Nch plrrwnr, to 111 amount mffkieat to pay rucb ty 1- .sd cbulw, whemmm ums~kioundin~Sab.Nopropatg~be~ptfrom ntch~.Herzuymllthepropabrdmd.tom.mouatrrrtil. Clentto th0taxa.nd.n in & nltb *tutoy u.r, and Intereat, %% -8 0th- ~~etooollectaWon~~88ue~~ tonhomitIr~,in~ceaftbtbepaacrs~rsntcdto~~ by *we. Bt.t4thamtr..rp-= gactton 9.10. For the porp#c of and collecting tmm forrt.Q8copntl,.ndrchod urP0raritb.dtg-b- ~emmma~p~&~o~~tlt.m~.tlve~~ coll~tlonot,.ndum~~th#fs,~tupra.ndtb.~sad intomst uraaon. apply. - FOP t& of 00~ ate, county, ud Mhool t.ar, the - mom the rrme dutkmudb8vetlmruat~m~~trrwPrvlrunderrtatr law. m-awLba the oars, custody, and dlrpodtion of real Prowrty, or .ny Inter& thereln, which It rhall hemdter acquira by rcrwn of dt~ or atate tax gale& Ttte owner of my intereat the by fea title, u mortgage, or M dr or vendee under a IUd cantract dlll be given e right to purchue the dty'r in- therrln, upon my- ment to the clty of the amount of money which the * hu in- veatadtherchritheformoZunp.ldtu~~~tr,urd charge#, or my of them, fee& MI-, hbm and cat& Ap p- for .uch prr)ur Jb ah thirty atter the dty b.r acquhd tltle thoreto, rtkt which the uid property rbJlaotbemldforle-th.nItmutet9.lue. TNU8?6rtO~rt~PnpsrPbtbe<koPsU ~9.UAtl~~~~orrthed.b~mleof~y realeatatauponwhichthec! b.ng~tba~rbrll m~totheO~allrtof%~koC~~Ubandlbe uaount of the dty'r wlth dl feu, penalties, and -4 fnbremt whlch have accum -'%? them or wcmd tbmto. Section 10.1. (a) The Coundl rb.ll have tbe power to make puWc~~lttaalthhthedt,urd,~tOprrbllc~menta ~rrrdruehanatureutobem!tlt~w~or pmprtb# wlthia a dbbict, the Council rb.p lmm the power to ~by~~th.tthewhdeor.njjmrtdtbupan8e oi.nypuMLc~t-bewlwadbYblr-t uponthe~idWrlctr~ybenefited,in~to thebemdbdarhredortobederived. (b) In ddltloa to the other h-ta which thedtymy&urd~oc,hwhaleorinp.rC,Wrprcl.l- the dty may: (1) Iart.ll a boulevrrrd lighting Syst4m an my 8tmetand~theune.Inwholeoeinput,byrprd.l~t uponhnb.bu*taareosL (3) hutall and connect wwen md wabrworlu an urd to proparbr dthh the dty. (c) If, prior to the adoption of a mmlutlon finally auth- the of a public Impmmmt to be ~cedby~~t,writtenobjectl~tothe~ ~%~~thrve~~bytheowneraafprop.rbr~tbbttrlct, ~accaodinOto~t4nlllbera~~tobeumarathrn ~~meto~~by<)adlt.rss SacUon 10.2 The Caundi rhll pw, by ordinance, the Of rpecW ud any other wtta~ cmcmhg the mddw ud ftnrndnP of impro~t by the apaW ameament m4Ulad MdltlaYl~.ad~dh~~Il#mSnor Section 10. 3. (a) Addltionrl pro raia aneamenta may be made when any medal uwlsmant roll hutfldent to pay for the 87 . . improvement tor which It wan levled and the expenses inddmtal thereto, or to pay the principal and interest on bods hued ln antid- pati- of mch ~nt roll: Prodded. That the addltlonal pro rats -ent rhrll not exceed twenty-flve percent oi the a-ent as oriwy ~anflrmed, em a meetlng Of the Council be held to review such addltianal assessment, tor whlch meattng notices be published as provlded ln the case of review of the orlglnal special assessment roll. (b) Whenever any special assessment shall, in the opinion cti the Council, be Invalid by reason Q irregularity or iniormallty in the proceedings, or lf any court of competent furls- diction shall adjudge such assessment to be illegal, the Council mall, whether the improvement has been made or not, or whether any put oi the anwmments have been paid or not, have power to cam a new assessment to be made ior the Mme purpose for which the farmer assessment was made. All roccedlngr on much reassessment and tor the collection thereoi - & conducted In the same manner as provided ior an orlglnnl assessment and, whenever any sum part thereoi, levied upon any pro erty ln the miesament M, set aslde, has been pald and not refunfed, the Payment 80 made ~1 be applied upon the reassessment, or if the Payments exceed the amount oi the reaeclessment, rel'unds shall be made. ~oa&111.ad~0nm. Section 10. 4. No mit or action of any Wnd shall be instituted or maintained for the purpose of Contesting or enjoining the collec- tion of any special assessment (1) unless, within dxty days after the confirmation of the wlal amessment roll, written notice k given to the Coundl of lntentlon to file such suit or actlon, atatlng the grounda on whlch it is claimed such assessment k illegal, and (2) unla such suit or action shall be commenced within ninety dayr after confirmation oi the roll. laenmd~onob~~tr Sectlon 10. 5. (a) Upon the conilmtion oi each rpeckl uresr- ment roll, the special aesemments thueon ahall become a debt to the city irom the persons to whom they are asawed and, until pafd SIUU be a Hen upon the property assessed, tor the amount of such axem ments and all Interest and charges thereon. Such lien ahall be of the same character and eifect as created by this charter for city taxer. (b) The Council may provlde by ordtm, fa fees, penalties, and interest tor late payment or non-payment of special asseusments, which fees, penalties, and interest shall be 8 lien and shall be collectible as are similar charges upon clty taxer. The Coundl may provide that delinquent #pedal assemxments be placed upon the tax roll, together with any accrued fm, pmaltie8, and lnterest thereon, to be collected In all respects an are City taxer on such roll, or may make other pravigions for the enforcement o! the llen created by such $pedal assessments. 8pdd Asmwmamt Acoomtr Sectlon 10. 6. Moneys raised by spedal assessment for any public improvement shall be credited to a rpeclol assesanent amount and shall be used to pay tor the costs oi the Improvement for which the assetwment was levied and oi expense# incidental themto, to repay any principal or interest on money borrowed therefor, aad to reiund excessive assessments. Certain Patponementi of Psymmbr Section 10. 7. The council may provide that perms wh4 In the oplnion oi the Assessor and Coundl, by rearon of p0~rty unable to contribute toward the coat oi the ma- of a pubuc improvement may execute to the city an instrument cmtm 8 l@ ior the benefit oi the dty on all or any put of the 1.6.1 P~W I awned by them and benefited by any pub& improvement, which llen wlll mmture and be effective from and after the execution of ,. ruch~tandrhrllbecni~blehthemtthrttl~to such property k thereafter traMterred In any manwr wbtmnmr. The Coundl ahall ert.bli8h the procedure far mrkinp: thb aoction AnPral#rfJ~torBpedJAmemmmh Section 10. 8. All real property, including auch an ia exempt from taxation by law, or exempted by the boud d reolew, and with or wlthout vllluation placed therson, shall be liable fa the cost of pubUc improvementr benefiting ruch property, unlcrr exempted themfmm by law, the rame m 0th- property, lu provided in SectIan 103 d thb chapter, and ruch tped.l mmsmantr rhJl be levla cdlected, ud returned, and the dd preml8m mlly be rold or for- feited In the rame manner m for non-payment ai cdty tuea cmwzEm 1s lKmn<HPbt (IOUBT --- Sectlan l2. 1. There b hereby created a Madpal Court la .nd far the city of Lansing, which be known u Ufbe Ma- ipalCourtoftheCityoiLUtdng.'' The pmvldom of Act 269 of the Public Acb of 1933 of the Stah of Michigan, u unended, or u hereinafter amended, are hereby adopted and nmda a part of thb ahuter. Said Court hnve and exercloe the uune jurldiction In .U rulbsad~bothdvllmderlmtnal,tothe~wextant u wu heretofore had .nd excrdrcd by the Jurtit~# the of the Uty oi L.ndag, excerpt M w be othemk provided by Act oi the PlrMlf Aotr oi 1- Of thc Sbte of a u otls.(r by bw. SU* ~arn~~ tnto existence at 13:Ol o'clock. a. m. on the second Monday la Jm- uus. 1sm 1 Sectian 12 2 There chrrll be two Judm8 of the Munldm hw In case d appeal or certlorsrt from Justice Court6 In ~OUS canes ~D#Lbt.dA~rmtr Section 11 3. Said Muntdpal Judges hall enter or caw to be entend, In the docket kept by them, the title of all nrfta and proaecutione commenced or prosecuted before them for vlolatione of the charter and ordinanceq and all prosecutions and the judge- ments rendered in such causes. and &all itembe all cata taxed or allowed therein. They #hall enter or cam to be entered the amounta and dates of payment of all tint?& peiultiy and forfeitures, moneys, and corb, recelved by them or the clerk of the court, on account of uid suit or proceedings. Such docket or dac.ke&~ &all be rubmittad by the Mun1dp.l J- at all ramnablo timar to the examination of my penon d- to exurdnc the w. Roasll. BMerr -. Section 12. 6. The otflce of Conrtable is hereby abolished. Process serve- &all be appointed In accordance with the provI6ha of Act No. 26B of the Public Acts of 1993. Each conrt.ble who in In office or who has bean elected to dce at the lm dty electbn, &all be a procag rcrver under the ruld act, until the acphtion of the term for which he wu elect4 m. <30mpeluDtkn 0fYpahg.lSrd.a. Section l2. 7. The Councll &all flx the compauation of the Judges and Anodate Judges of the Muntclpal Court. The compen- aation provided for the Muddpal Judgea and Amodate Munidpal Judge &all be In lieu of all fees, cortr. and charger to which dd judges would otherwise be entitled, except fees for the performance of marriage ceremonies, and for administering oath In matte- not connected with suita or proceedings in said dty. oourt Few. Section 12. 8. All the providom of laws in relatian to the feet! chargeable in the several proceedings In the Jutice Court In town- Mpa ahall apply to said Court, and hall be collected for the use and beneflt of the city. Upon the recommendation of the Muntcipal Judges, the Council may set the fees to be charged in instances whlch ue not covered by law. Oiiiohl Bond& Section 12. 9. Each Municipal Judge, in addition to any security required by law to be given for the performance of his official duties. before entering upon the duties of his office, shall give a bond to the city in a penal sum of Ten Thousand Dollars, with sufficient sur- eties to be approved by the Council, conditioned for the faithful performance of the duties of Municipal Judge within and for the city, and for payment to the city of all moneys collected or received by such Judge which, by the provisions of law, he shall be required to pay into the treaeury of said city. The requirements of this section may be met by the inclueion of each Municipal Judge within the coverage of a blanket corporate surety bond provided for in Sectioxi 4.8. - Adopted February 20, 1967. Tmtfh Viokthu Bureau. Section 12. 10. (a) The Judges of the Municipal Court ahall have power to establish a violations bureau, under the provlnIonr of Act No. 85 of the Public Actr of 1953. In addition to violations of the traiLic ordinances and of the state traffic laws, the dd bureau shall eleo aMiBt the court in the dbpoaltton of such ordinance vio- lations as the Council ahall prescribe. Any pemn who hm received any notice to appear In answer to such a violation of any of the ordinances of the dty, may, within the time spedfied In the notice, answer at the violatiom bureau to the charge set farth In such notice by paying a prescribed fine or by poetinp bond which cannot be waived by the bureau and, in writlnq, pleading guilty to the 41 tlea and duties reqW of it by law relathg to the conduct of elec- tions in the dty. h any case where election procedum is in doubt, the election commimh shall prescrlk the procedure to follow. Nenddiag PewI01# Sectlon W. 7. A person desiring to qualify as a candidate for any dflce under this charter shall ffle an official nominating peti- tion therefor wlth the Clerk. OWcial blank nomlnatlng petitions, in rnlmtaa~ the ~mc form as required by law or designated by the Secretary of State for mn-partisan judidal offlcerr, shall be pre- pared and furnished by the Such petltion &all be signed by not 1- than one per cent nor more than four per cent of the reg- Wered electors of the ward, li a candidate for a ward offlce, or of the dty, If a candidate for an office to be filled by election at large. Such petttiom rhsll be fIled with the Clerk not later than the time and date set by law for the filing of petition6 for nomhnting State and county offlcsra Before the Clerk shall huntrh noxninatlng pe- tittom to any person, he 8h.U enter thereon with typewriter or in ink the name of the candidate and the name of the office for which he is to be a oandhiate. No petition which has been altered wlth respect to such emtrles shall be &ved by the Clerk for filing un- der the provldom of thir mba Nominating petitha for the pur- pose of fllllng a vacancy shall so atate in connection with the name of the oiflce for which the petition la to be circulated. If any per- son signs his name to a greater number of petitlo- for any office than there will be persons elected to that office, his dgnature ahall be disregarded on all petitio~ for that office. A- d Petltlaar. Section W. 8. The Clerk shall apt for filing only nomlnat- ing petitions on official blanks containing the required number of signatures for candidates having thase quallficatiom required for elec- tive dty officers by this charter. WIthla five daya after the final filing date, the Clerk shall determine the mffidency of the signa- tures on each petitton filed. and, if he fhda that any petitlon does not the required number of dgrmturea of regktemd electors, he shall immediately notlfy the candidate, In wrltlng, of the Insuffl- ciency of I& petition. Each petitton which h found by the Clerk to the required number of dgnnturea of registered electom for candidates shall be marked "In Order," wlth the date thereof. The name of each person whose petition is In order &all be entered on the ballot of the next city election under the heading of the office for which he is a candidate. FO~ OI moa Section 13. 9. The form, printing, and numbering of ballots. used In any dty election, shall conform, as nearly as may be, to that prescribed by law, except that no party dadgnation or emblem shall appear thereon. The names of qdlfIed noxnineer for each office shall be listed under a separate heading for each office and shall be rotated on the ballots. Ballots may be printed on yallon or green tinted material to distinguish the dty ballot from other ballots at any eldon. lbgbtamtioa Book aad &Ipplb.. SectJon 13. 10. It shall be the duty of the Chief of Police, under the direction of the Clty Clerk, to take charge of all registration books and supplles and deliver them to the mspectiw boards of In- spectors of elections, taking thelr receipt therefor. CaIl- of vobr Section 13. 11. The Election Comrnisaion shall constitute the Board of Canvassers to canvass the votes cast at all elections: Pro- vided, That, if any of such persons are candidates for offlce at an election to be canvassed, such person shall not be a member of the 43 ~oard of C.nvamm at such election sad the Council shall d-te l puron b act ta hb atead. A majority oi the membn of ruch bud, u 80 conatltuted shall be a quorum for the tranuctbon of the budnew of the board. The board of canmuerr #hall meet at 10:oo o'clock in the forenoon on the day following each city primary and election, and ubUely canmu tbe nt~rXM of much prbluy or ele- tion, .h.g &&me the vote upon .U qvrtl~lv .M prow- tlaar, lad dcchn whether the came have beem fdopted or re- and whlch. parloar have been nomhted for or aleetd to offlee. me vote. Seetion l3. 12 If, at any city election, there ahall be no chafe between candidates by nuon oi two or mom petlorn havlng ceived m equal number of votes, the Coundl shall name a date for the apparum of mch pcrrona for the purpose of deterrnlning th~ d& of one of ruch ~OIKIDI by lof u pmVhd bg law. Should aa~ ~#norprrranrtrllor~tO.~PBU,iPdlW)IIOTb~ 111t.m. to detadaa the dt of any tk .lecuan at the tlmr ~bgtlwCouncURlchde~tloarh.ubmf6bp vldondtheCouadL suchda4-~rhtl,~mp-fk ttar3. A-JM SaotbPllI L (a) The power to authorh the malckg of em- tractr on kh.if d the dty k vestal In the OolPedf md ahall k ~Ina~cewiththoproado~dkw. I (b) All con excm u otbarrPtwr provldd -e ta --ce d* p- of 14 2 Ed, - tie authorw w the -dl ~.II signed m ah.rr d the city by the Mayor and the Oark. I (d) The dty rhsU not luve power to mll or dL poreofanyrealertateownedbyif withouttheapprovhgvotaofa mJadty d the eleclnra d the dty vot- an the pmpdtion to mu cadLparadrwhrealartrteataraOukrarrpactlelsctfon,unlem: (1) The red eetate is not used for public purpoage, and (2) Shall have an aaseaeed valuation of lees than $6,000.00, or ie eo appraised by the Asseeeor, if there be no weaaed valuation thereof according to the last aesessment roll of the city, or, re- gnrdlees of the aaeeesed valuation thereof, if the property iR to be sold or leased to the State of Michigan or under authority of and in accordance with the provisions of any State or Fed- eral law, or leased for a term not exceeding thirty years. Adopted April 6, 1966. (3) The Council resolution to eel1 such real estate ahall be com- pleted in the manner in which it ie finally passed and has re- mained on file with the Clerk for public inspection for thirty dape before the final adoption or paaeage thereof, and (4) Such resolution ie approved by the affirmative roll call vote of slx or more members of the Council. te) Except ar prwlded by ordinurae authorized by Won 14, 2 of thb chaptar, each eoatnct fa public impram- llWa~~rf~r~p~~~~~~~be~&Onthe~.nd~ btd All bldr rhrll be opened in public la the Coundt room by the AddabtmUveAobtanttotheMayororthePIlrshutrpOtCloarat thetlr#~tedInthe~dletthguulrh.flberagolrt.dby hlmtbUeCamdlatitrn&macting.IheCaraodlw~w m111OLdrUdsansed~b~.U111bldranra)rotrd,~lino~ are~theCormfiilmayobt.lnmwbId8orauth~the~ don (n Purchuhlg or ptaper mt hoed to neg&ata in the open muhtfaraeontractat a reammblcprlce, or to purchuola the opanmuket,ortohavetheworkperf~bydty6mp~ (f)Nocontmct~bemadewlthanypemon who la in detault to the city. (g) No extra ~mwmatlon dull be pstd to any agent employee, or contractor dkr the hce hu been rendered or the ccmtnct entered into. ~~rritbMty. Sactlon1C~Anofflcer,whom~toha~~~d~ with the city, either dkectly or bdhctly, whereby he may derive ~incomearbanefl&otharthaDnrhuare~bsd.rrrrm~- tfon for hin oifidal dutler, requiring the action of the Coundl or any -bcmnl prior to a contract themZtx bstnp mule, rh.ll me with the Clerk a 8tatemenf under oath, eetthg forth the nature d auch bwl- mu dallngs, and b interat tharbr. me statement rh.fl be flied with the Clerk not leu than ten days before the date when actlo11 rmgbe~~WtheCaundmaqgoLher.genc~rdthedtyupomthe mattar !nvolvcd The statement ahail be spread urn the d the Coundl and puWed in full therewith. Appmal d any such bwkm dcdbqp ahdl require a c01lcurrhg vote d at leut dx mem- berrdtheCoudlorbovd~wthee~ll~arthatarsmay be, nac including any member who la dirpuaWled uder Se&m I. 5 d thb charter. Any budnea8 dealing made In vlol8tbn d thk 8ec- tiOn rh.ll be vold <3HbPTEB 16 mIPlPrlTPBB0- acasnlParrcmBrgseth(~~VtMtbr section 15. 1. The dty ihall have dl th. powan law to .cQ*, -ct, own, apaata, improve, eabge, 46 repair, and maJntatn public uttlltiea, either within or without it corporate limitr and either within or without the anparate lbaib Inghm County or any other county in whleh the dtp may lie, Includ. ins, but not by way d IlmttrMom, public utUttisr for NPPI~~O water and water treatment, -age dLpaorl and tmatm~lt, elactrlc ut and power, gas, steam, heat, public tnnrportatJoQ or any of them, to the munldpalfty and the inhabitants thereof; and & to sell wabr electricity, ma, steam, heat, t.mmmrWon, and other utllfty beyond itr corporate limit# as authorized by law. Council by the Controller at the first meeting thereoi In the month of Aprll. The Council thereupon 6hnll order the publication In a new* paper of general drculatlon in the dty of notice that all such unpaid utility chrgaa not pald by the thirtieth day of April will be ar#rsed upon the dtfs tax roll against the preml6ea to which wch utlllty &cer were supplied or furnkhed, and such charge8 sh.ll then be spread upon the dVs tax roll and ahall be collected In the same manner a8 the city tax- PllblbumtyFrraahba. Section 15. 5. he city may grant a !ranch& to any person for the ure of the streets, alleys, M-, and other public plac08 of the dty for the hvnkbillp of any public utility rarvlce to the dty and its inh.bht.nta Ikn&bea and renewah, amendments, and extendum them! shall be granted only by omli~nce. Public uUty fmmbbm ubaU laelude provldo~ for !king nter aad charge& and may provide for redjuhnents thereof at perladic Intemals. The oity my, wl$h re6pect to any puWc utllity hnchb g~~~ted aiter the efleetlve date of thh charter, whether or not EO provided In the granttngordinance: (1) Revoke the came for the vloQtion of any of its provLslqy for the misu6e or non-use thereof, or for failure to comply wltb any provblon thereof, or for frllure to comply wlth any regulation imposed under authority of thle 8ection: (2) Require proper and adequate extension of plant and the maintenance thereof at $he higheat practicable rtandard of efficiency; - (3) EetaW reasonable rtandarda of service and quality of products, and prevent unjust dlscrlmlnation in service or ntes; (4) Require continuou~ and uninterrupted service to the public In accordan= wtih the terms of the fmnchte through- out the entlre period thereof; (5) Impose other regulatians deterlnlned by the Councll to be conducive to the health, saiety, welfare, and con- venience of the public; (6) Require the public utility to permit joint use of its property and appurtenancee located In the streets, alleys, brtdgeq and public place8 of the dty, by the city and other utllitles, inaoiar es such joint ure may be manomably practicable and upon payment of reamonable rental thcreior, and, In the ab8ence of agree- ment, upon application by the public utllity, provide for arbitration of the terms and amditlans ai ruch joht use and the compensation to be paid therefor; (7) Requlre the pub& utility to pay any part of the cast of improvement or maintenance of the atreets, alleys, Mdges, and public places of the dty, that arbes from its use thereof, and to protect and save the city harmless from all damages arldng from such use; (8) Require the public utility to !lie wlth the Clerk ruch reporta concerning the public utility and its financial operation and atatus es the Council my request. limif.tlonronthearaa~of~ Section 15. 6. No franchise shall be granted by the city for a term exceeding thIrty years and no exclusive franchise shall ever be granted. Each !ranchise shall Include a provision requiring the hmhise to take effect within one year after the adoption of the ordinance mttng it, except In the case of grants to take effect at the end of an exbthg fmnchise. An hevocable !ranch& and any extenmion or amendment of ruch franchise may not be granted by the dty, unless it ha8 firat received the aifinnative vote of at least three-fHtb of the elector8 of the city voting $hereon at a regular or 47 rpecial city election. A francbllle ordinance my be apprwed by Couadl, for reid to the electorate, only after a public he* har been held thereon and after the grantee nun4 therein htu with tha Clerk hk unconditional .cce tame ot EU the tern of & ' . NO .pd.l election for sugaR- m)r be ordm b) =dl, unless the expense of hol g such elwIon, u &-- mined by the Councll. haa flrat been pald to the Trauurer by the m-. Roadam far (hrotiry Fnnohber. Section 15. 7. Every ordllLMce granting a FranchLe, lieenre, or right to occupy or use the street4 allem bridges, or publlc In the dty ahdl remain on file with the Clerk for pub* In 10 fl~I form fa at M Ullrb dy. b*m th. -=: thereof, or the approval thereof for referral to the electorate. 8.brAd#nmmtofRmahb& f&mtion 15.8. The grantee of a franchke map not ell, ardlpr, mbhf or allow mother to we the rame, U- the Carmdl ttr consent: Provided, That, nathfnp in this sectIcm rb.ll llmlt the ri@kt at the grantee of any public utility fnnehlr to propmy or -, nor w ..*M tha x~ts the=*: upoa fondanva d, to ~mb th6 m, arrr~t th.t acb moat or porchawr lhrll be mbjsct to the briar of the ?mah pmvbkau of thir chapter. 3- a. , , . . . . i, . . , , . ., , , . , CHAPTER 18 , , .. . i ,' , ', . ". ., . ~ " . . .. < ., , ~' , - - . , , .. , .. , . POLICEMEN'S AND FIREMEN'S PENSIONS , .. !, . ~ ,, ~,, .. , ' I.., ., , ,, ' , ,:+.,,,--!~:< .: '. , ,..., . . _-.. . . ,.?' *.,! , , ~' ,. , .,;, : i!,$,;.;i.;.<, ~ ' * , , . ., . . , ,. Li .'. , . . ;. 2, . . ' <. ,- *-. . . I .,I ' ; , ' .f .*. ,. ?,,,,* . . i,::~,; ,> ~. ." ,<,,.,, , - < .. J,,, ' ,., NAME AND ESTABLISHMENT Bection 1. The Clty of Iansing policemen and firemen retirement nystem, hereinafter called the retinment system, is hereby en- - tablhhed tor the purpo8e of proridhg retirement allowaSacee tor - poucemen mb flremen ot the City ot ming, and certdn death - benefib tor their dependents, under the provisions of this chapter. ADMINISTRATION. Section 2. Them is hereby created a board of trustees in whom ia vented the general adminiatration, management, ad roapopllibillty tor the proper operation of the retirement system and tor comtrning and making effectfve the provfsiona of this chttpter. BOARD MEMBERSHIP. (8) The mayor. ex-officio. (b) A member of the council to be selected by the council, to sene at the pleasure d the council. (c) A member of the Police,and Fire Bpard to be selected by said board, to serve at it4 plewure. (d) The city treasurer, ex-offlcio. (el The mayor, by and with the consent of the council, ahall tbP9Oiint a citizen who is a drily qulitied elector and a tree holder of the city, aud who iu neither an employee d the city nor ia eligible to receive benefits under thie chapter. (f) Two policemen members to be elected by the policemen members. (g) Two firemen membera to be elected by the firemen mem- bers. (h) The elections of the policemen and firemen truntees shall be held under auch rulee and regulations as the board of trustees shall trom time to time adopt. 49 . . . .- . . - -, . . . -. . TERMS OF OFFICE OF FIRBT ELECTED BOARD. Section 4. At the tirat election of trustees, the appointed ciumn trustee shall serve 6 years; the policemen member with the number ot votes shall serve 4 yew; the pollcefnan member with the next greatest number of votes shall serve 2 YU~; the flreman mem- ber with the greatest number of votes shall serve 3 Yeam!; and the fireman member with the next greatest number of votes shall serve 1 year. TRUSTEEB' REGULAR TERM OF OFFICE; OATH OF OFFICE. Section 6. After the flrst election of trustees, the regular term of a policeman or fireman member trustee and the appointed ciumn trustee shall be 6 yeare. Each tmtee shall, within 10 days aiter his appointment or election, take an oath of oifice to be adminlmterad -- by the city clerk. (d) The board of trustees shall appoint an actuary who shall be the technical adviaor to the board on mPtters mmrding the og eration of the retirement aptem, and he aha pelorm mch other dutiea as are required of him under thia chapter. (e) The board of trustees shall appoint aa medical director a physician who is not eligible to participate in the retirement system as a member, retirant, or beneficiary. The medical director shall be directly responrible to and shall hold office at the pleasure of the board. He shall arrange for and me upon all medical eurmlnations required under this chopter; he shall investigata all euential state- menu d a medical nature made by or on behalf d a member or retirant in connsction with a claim for benefits; and he shall report in writing to the board hie conclusions and recommendatlone on medical matters referred to him by the board. ANNUAL REPORT. Section 10. The buard of trustees shall annually render a report to the mayor and the council, on or More July 16, showing the fiscal transactione d the retirement system for the yeor ended the pre- ceding December 31, the amounta of cash and securities held by the system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of ita asseta and liabilities. ADOPTION OF TABLES OF EXPERIENCE TABLES AND REOULAR INTEREST RATE. Section 11. The board of truetees shall from time to tlme adopt such mortality and other tables of experience M the actuary shall from time to time recommend aa necessary in the operation of the retirement system on an actuarlal baais; and shall from time to time adopt a rate or rates of regylor interest, subject to the approval of the council. DEFINITION& Section 12. The following words and phrases as used in this chapter, unless a different mdng is clearly required by the con- text, shall have the following meanings: (a) "Board of trastees" or "board" means the board of trustees provided in this chapter. (b) "Member" means any person who ie included in the mew berehip of the retirement system. (c) "New member" meana any member who flmt entered the employ d the city an a poUceman or fireman after December 31, 1943. (d) "0rigLna.l member" means eny member who was in the em- ploy of the city before January 1. 1944. (0) "Service" meane pereonal service rendered M a policeman or fireman in the employ of the city and paid for by the city. (f) "prior sehice" means service rendered pri. -0 Januarp 1, 1944 to the extent credited a member by the board of trustees. (g) "Membership eervlce" means service rendered atter Decem- ber 31,1943 to the extent credited a member by the board of twt,eee. (h) "Credited service" means the sum of a members prior serv- ice credit and his membership service credit. (1) "Beneficiary" means any person, except a retirant, who is in receipt of, or who is designated to receive, a retirement allow. ance or other benefit payable by the retirement system. (j) "Policeman" meane a permanent employee in the police de- partment who holds the rank of patrolman or higher rank, and who has taken the oath required in section 7.16 (d) of this charter, but it shall not include the civilian employeee in the police department. (k) "Fireman" meane a permanent employee in the fire depart- ment who holde the rank of firefighter or higher rank, and who has taken the oath required in section 7.15 (dl, of thin charter, but it shall not include the civilian employees in the fire department. (1) "Regular interest" means such rate or rates of interest per annum, compounded annually. as the board of trustees shall from time to time adopt, subject to the approval of the council. (m) ~"&cumuljated coa.trlbutions" meane the sum of all amounte idducted from the compensations of a member and cremtd to his individual account in the employees savinge fund, together with regular interest thereon. (n) "Flnal average compensation" means the monthly average of the compematione paid a member during the period of 24 highest consecutive months of his credited sewice immediately preceding the date his employment by the city aa a policeman or fireman last terrninatee. If he haa less than 24 months of credited service hie final average compensation shall be the monthly average of the compensations paid him for his total period of credited service. (0) "Flnal compene-*'on" means a msmber'e monthly rate of comDensation at the tin. employment by the city aa a policeman or fireman laat terminatah. (p) "Retirement allowance" means a monthly amount payable throughout the " 'lire '"- of a peraon, or for a temporary period, as provided in this cha9,dr. (q) The masculine gender includes the feminine gender, and words of the singular number with respect to persons includes the plural number, and vice-versa. (r) "Retirant" means a member who retires with a retirement allowance payable by the retirement syetem. (6) "Retirement allowance reserve" means the present value of all payments to be made on account of any retirement allowance. The retirement allowance reserve shall be computed upon the basis of such mortality and other tables of experience, and regular inter- est, as the board of trustees shall from time to time adopt. MEMBERSHIP CON818TS OF. Section 13: The memberehip of the retirement eyetem ehall con- sist of: (a) All policemen and firemen who were in the employ of the city January 1, 1944; provided, that any policeman or fireman who ae of January 1, lB44 had 26 or mom yeare ot prior eewice credit shall be excluded from memberehip in the retirement eyetem; and he ehall retain for himeelf, hie wife and children, all rights and privflegee provided by Chapter 27 of the previous City charter, unless on or before January 1, 1944 he flled with the Director of Flnance (or city controller) his written election to become a member of the retirement eystem. Such excluded policemen and firemen who did not elect to become membere of the retirement syetem ehall, aiter December 81, 1943 while they remain in the employ of the city IU policemen or flremen, pay 6 per cent of their compensations into the police and flre eewlce retirement fund eetabliehed by chapter 27 of the prevlous City charter. (b) All persons who become policemen or firemen after Decem- ber 31, IS43 shall from the date of their employment with the city become membera of the retirement eyetem. (c) The memberehip of the retirement eyatem shall not include (1) any peraon who ia temporarily employed aa a policeman or fire- MILITARY SERVICE CREDIT. section 16. Should a policeman or fireman, who while employed by the city entered or enter8 any armed m-Vke Of the United L)trtes vernment during time of comD~00' mutory sea such armed rvice actually required of hlm shall be cradited him M city mmce the same manner as if he baa served the city uninkmwly: rovfded, that (1) he returns to the emplay of the city ~m one from and aiter termhation of Such med service ~tmy ra quired of him, (2) he returns to the empl0~0eS SaYbm iaad the mount, if any, he withdrew theretmm at the time he entered or while in such armed service, together with regular interest &om the date of withdrawal to the date of remment, and (8) in no cane shall any member be credited with more than 6 Ye- of city semce for all such armed service rendered by him. In case of doubt as to the period of such anned eervice to b awaited a member tb board of trustees shall have final power to determine such period. mng the period of a member's armed Semi- in the Pledersl Ooyernment and until hfe return to city employment bia contributio~ to the employees savhgn fund Shall be sns~nda and standing to his credit in the said fund shall b accumulated Bt regular inter- est. VOLUNTARY RETIREMENT. hction 17. (a) A member may retire upon his written applies tion filed with the board of truSteeS set@g forth at what time. not multiplied by the number of years, and fraction of a year, of hie credited service which is in esceee of 26 yearn; provided, that thie subeection (a) shall be subject to subsection (b) of this eection. (b) If a new member retiree prior to his attainment of age 66 years hie retirement allowance rhall be reduced W of 1 per cent multiplied by the number of month#, and fraction ol a month, con- tained in tb period from the date hie retirement allowance begins to the date he would attain age 66 years. (c) In the event a retirant diem before he haa received in re- tirement allowance payment~ an aggregate amount equal to his ac- cumulated contrlbuuons etandiry to hls credit in the employees eavinga fund at the time oi him retirement the difference between his said accumulated contributione and the said aggm@e amount of retirement allowance paymetnts received by him shall be paid from the retirement reaerve fund to mh petlwn or pernone an he ahall have nominated by written dewtion duly executed and flled with the board of &tees. I! there be no mch derlgnated per- son or persons surviving the said retinrnt much diFIemnce, if any, shall be paid to the retirant's legal representative. No benefits shall be paid under this sub8e~ction (c) on account of the death oi a re- tirant if a retirement allowance becomes payable under eection Zl.1 or section 21.2 of this chapter on account of his death. DEFERRED RETIREMENT ALLOWANCE. Section 2V. Should any member, who ham 10 or more yems of credited service, leave the employ of the oity before becomfne elidble to retire am provided in seation 17 of thin chapter, for any rearon except him discharge, retirement, or death, he shall be en- titled to a r tirement allowance provided in rectian U of thin chspter purer mt to its provido~ in force at the time he left city employment; provided, that he does not withdraw him accumulated contributio~ fmm the employear ravings fund. Hb aaid retiranent allowanca ahall begh the first day of the calendar month next fol- lowing the month in which hb rpplicatlon for same im ffled with the board of trusteea on or atter his attainment of age 66 years if he ie a new member, or a8e 60 yeare if he is an orlglnol member. RETIREMENT ALLOWANCE - WIDOW OF DECEA8ED RETI RANT. Beation 2l.l (a) Upon the death of a retirant, who retired on or aiter the effective date of thir revised eectlon, his wldow, who wan hb legally meed wife at the time oi hb retirement, shall receive a retirement allowance equal to of the retirement allow- ance he wan recefvfnp, escapt M pmmlded in ruWon (b) oi this section, and aubject to subseetion (c) of thin aectbn. (b) If a retirant who reUred under rectlon of thin chapter dies prior to hb atklnment of age 66 ye- hb widow, who wam his legfiily married wife at the time ol him retirement, rhall receive a retirement allowance computed according to eection 19 of thie chrpter. In computing the add retirement allowance (1) the re. tirant'e credited service ehall be increased to include the period he wee in receipt of a dieability retirement allowance provided In eec- tion 24, subsection (a) of thie section, and (2) hie flnal average compensation ehall be recomputed ueing the monthly ratee of com- pensation ae of the date of his death for the rmk or rank6 held by him during the period used in computing hie final average compen- sation at the time of his retirement. The widow's said retirement allowance (1) ehall not be less than U) per cent of the retirant's recomputed final average compensation, and (2) ebell be subject to eubeection (c) of this eection. (c) Upon a widow'e remarriage or death her retirement allow- ance provided in thie eection 2l.l ehall terminate. No retirement allowance shall be paid under thie eection 2l.l on account of the death of a retirant ii any retirement allowance is paid or payable under eection 28 of thie chapter on account of hie death. Any retire- ment allowance payable under thin eection 21.1 ehall be eubject to eection 29 of thie chapter. RETIREMENT ALLOWANCE - WIDOW OF DECEASED MEMBER. Section 21.2. If a member, who has 10 or more yeare of credited eervice, dien on or after the effective date of thin revired section while in the employ of the city, and leaven a widow, hie widow ehall receive a retirement allowance equal to % of the member'e accrued retirement allowance computed according to eection 19 of thie chapter in the same manner in all reepects aa if the member had retired the day preceding the date of hie death, notwithetanding that he might not have eatiefled the applicable provisions of eection 17 of thie chapter: Provided, that the widow'e retirement allowance (1) ehall not be lee6 than 20 per cent of the member'e flnal average compenaation, and (2) ehall be eubject to eection 29 of thia chapter. Upon the widow'e remarriage or death her retirement allowance ehall terminate. No retirement allowance ehall be paid or payable under thin eection on account of the death of a member if any re tirement allowance ia paid or payable under eection 28 of thie chapter on account of hie death. DUTY DISABILITY. Section 22. Upon the application of a member, or his department head, a member who becomee totally incapacitated for duty aa the natural and proximate reeult of cauaee arieing out of and in the couree of hie actual performance of duty ae a policeman or fireman in the employ of the city, without willful negligence on hie part, ehall be retired; provided the medical director, after a medical examination of the aaid member. certifiee to the board of trusteee that auch member ia mentally or phyeically totally incapacitated for the per- formance of duty to the city ae a policeman or fireman, and that auch incapacity will probably be permanent: provided further, that the board of truateea concur6 in the report of the medical director. BENEFITS; DUN DISABILITY INCURRED AFTER AQE 66. Section 23. Upon a member'a retirement after hie attainment of age 56 yeare, on account of dieability aa provided in eection 22 of thin chapter, he ahall receive a retirement allowance provided in eection 19 of thia chapter, eubject to aection 29 of thia chapter. BENEFITS; DUTY DISABILITY INCURRED BEFORE AGE 65. Section 24. Upon a member'a retirement before hie attainment of age 55 yeare, on account of dieability a8 provided in eectlon 22 of thie chapter, he ehall receive the following benefits: ! ,, L . . . . ,. , , .. ,. . , . , . . , , ,, . , % ?' . ,. , . , . . ' ,'. >, . , (a) He ahall receive a disability retirement allowance equal to ,, , - : /' I~ ' . . . % of hie final average compeneation, eubject to aectiona 29 and 30 8 , . ,'. , ,,, , . " ~..,. .: , . ,. ; ..:, ' '1 of thie chapter. Hie dieability retirement allowance ehall begin a8 -,_ . I ' I >. , , , ,' .. . of the date oi hie dieability, but in no case (1) more than 6 month8 'I.". , I ; ,.. . > . ,. before the date hie application for dieability retirement ie filed with .. . . , ::, . the Board of Truateea, nor (2) prior to the date hie name laet ap- 1 peared on a city payroll with pay, whichever of (1) or (2) 18 later; and ehall terminate upon hie attainment of age 66 yeara. j (b) Upon attaining age 66 yeare he ehall receive a retirement allowance computed according to eection 19 of thin chapter. In com- puting hie retirement allowance (1) hie credited eervice ehall be increreed to include the period he was in receipt of a dieability retirement allowance provided in eubeection (a) of thie eection, and (2) hie final average compeneation ehall be recomputed ueing the monthly ratee of compeneation aa of the date he attain8 age 66 year8 for the rank or ranbe held by him during the period ueed in com- puting hie final average compeneation at the time of hie retirement. Any retirement allowance payable under thb eubaection ehall be eubject to eection 29 of thie chapter. (c) During the period a retirant la receiving a dieability retire- ment allowance provided in eubeection (a) of thia eection hie balance in the employeee eavinge fund at the time of hie retirement ehall remain therein and ahall be accumulated at the regular interest. Upon attaining age 66 yeare hie eaid accumulated contributione ehall be traneferred from the employees eavinge fund to the retirement reserve fund. NON-DUTY DISABILITY. Section 26. Upon the application of a member, or hie department head on behalf of the member, a member with 10 or more yeara of credited eervice who becomee totally and permanently incapacitated for duty a8 a policeman or fireman in the employ of the city, ae the reeult of caueea incurred not in the actual performance of duty to - the city, may be retired by the board of tmeteee; provided the medical director, after a medical examination of euch member, certi- flea to the board that auch member ie mentally or phyeically totally incapacitated for duty in the employ of the city, and that much in- capacity will probably be permanent; provided further, that the report of the medical director ie concurred in by the board. BENEFITS; NON-DUTY DISABILITY INCURRED AFTER AGE 66. Section e6. Upon a member'e retirement after hie attainment of age 56 yeare, on account of dieability aa provided in eection 26 of thie chapter, he ehall receive a retirement allowance provided in eection 19 of thie chapter. eubject to eection 29 of thie chapter. BENEFITS; NON-DUTY DISABILITY INCURRED BEFORE AGE 65. Section 27. Upon a member'e retirement before hie attainment of age 66 yeare, on account of dieability ae provided in eection 26 of thie chapter, he ehall receive a dieability retirement allowance computed according to eection 19 of thin chapter; provided, that eubeection (b) of the eaid eection 19 ehall not be applied. Hie die- ability retirement allowance ehall begin aa of the date of hie die- ability, but in no cane (1) more than 6 monthe before the date hie application for dieability retirement ie flled with the board of trueteee, nor (2) prior to the date hie name laet appeared on a city payroll with pay, whichever of (1) or (2) is later. Hie eaid dieability retirement allowance (1) ehall not exceed % of the annual rate of compeneation of either a full paid patrolman or a full paid firefighter as of the effective date of the eaid member'e retirement, whichever rate la higher, and (2) ehall be subject to eectione 29 and 80 of thia chapter. 67 DEATH IN LINE OF DUTY. Section 28. In the event (1) a member diea ae the result of a ~~~~~~1 injury or diaeaee arising solely and excluaivel~ out d and in the courae of hia employment by the city, or (2) a disability re. timnt, who retired under aection 22 of thia chapter, dtea prior to hie attainment of age 55 yearn and within a period of 5 yearn -m and after the date of his retirement, and in either case (1) or (2) him death, or injury or diaeaae reeulting death, be found by the board of truateea to have occurred aolely and exclusively aa the exceed 1/6 of the monthly rate of compeneation of either a full paid patrolman or iull paid firefighter, whichever ie higher, an of the date of the said person's death. Upon the remarriage or death of a parent his retirement allowance ehall terminate. Any retirement allowances payable under thie subeection shall be eubject to eection 29 of thln chapter. Llmltatlono. (f) The total of the monthly retirement allowances . provided in enbections (b), (c) and (d) of thie section, payable on account of the add deceased pereon, ehall not exceed 80 per cent of the monthly rate of compemtion of either a fPll pald patrolman or a full paid firefighter, whichever is higher, as of the date of the eaid person's death. WORKMAN'S COMPENSATION OFFSET. Section 29. hy workmen's compensation paid or payable on account of the dieability or death of a member or retlrant ehall be offset. again~t any retirement allowance paid or payable by the retirement eystem on account of the name dioability or death. ' RE-EXAMINATION OF DISABILITY RETlRANTa Section 30. (a) At lleaet once each year during the flret 6 yeare following the retirement of a member with a dirrsbllity retirement allowance, and at least once in every 3 year period thereafter, the board of truetees may require any dieability retitant, who haa not attclined age 66 yeus, to undergo a medical examination by or under the direction of the medical director. Should the maid dieability retirant refuae to euhmit to such medical examination in any euch period hie dieability retirement allowance may be diecontinued by the board; and ehould euch retneal continue for one year all hts rights in and to a disability retirement allowance may be revoked by the board. (b) If, after a medical examination of a disability retirant, the medical director reports to the board of truetees that the dieability retirant ie phyeically able and capable of resuming employment alth the city ae a policeman or fireman he ehall be returned to the em- ploy ot the city in the rank he held at the ttme d hie retirement, or higher rank, and his disability retirement allowance ehall termi- nate. A disabUIty retirant who returne to city employment shall egain become a member of the retirement syrtem and hln credited service in force at the time of hie disability retirement ehall be reetored to hie credit. He ehall be given service credit for the period he WM receiving a dieability retirement allowance provided in eection 24 (a) of this chapter. He ehall not be given eervice credit for the period he wae receiving a dieabilIty retirement allowance provided in section 27 of thie chapter. (c) 1. If a disability retirant, who has not attained age li6 yearn, becomes engaged in a gainful occupation, buninem, or employment, and the sum of hie pay or other remuneration from much occupation, bueiness or employment, and hie dlnaMlity retirement allowance exceeds the current rate of compenration for the last rank held by him, his disability retirement allowance ehall be reduced to an amount which together alth the amount no earned by him shall equal but not exceed the current compensation for hie eaid rank. Should hie earnings be later changed, his dieability retirement allowance shall be adjusted in like manner. (c) 2. It shall be the duty of each disability retirant to file at least annually, a etatement of earnings on forms tnrniehed by the Board of Truetees, together with euch supporting achedulee aa may be requeeted by the Board to eetablieh a basin for determining earn- ings for operatione of thib section. The Board may from time to time adopt rules and regnlatione for deflnlng remuneration for pur- pores of appllcation of this eection. Reheal by a diaabillty retirant to submit required information upon written request of the Board 69 may, at the discretion of the Board, subject the dieability retirant to euspenslon of allowance paymente. REFUND OF ACCUMULATED CONTRIBUTIONS. Section 31. (a) Should a member leave the employ of the city betore he has eatiefled the age and eemice requlremenb for retire- ment, as provided in eection 17 of this chapter, and is not entitled to a retirement allowance, he ehall be paid hie accumulated contribu- tions etanding to his credit in the employees eavings fund upon hie demand in writing to the board of trueteee. (b) If a member dies before his retirement become8 effective and no retirement allowance becomes payable on account of hie death, except ae provided in eection 28 of this chapter, his accum- ulated contributlone atanding to his credit in the employees eavinga fund, at the time of his death, ehall be paid to such person or per- eons ae he shall have nominated by written designation duly ex. ecuted and filed with the board of truetees. If there be no such person or persons surviving the deceased member his accumulated contributione ehall be paid to hie legal repreeentative. (c) Payment of refunds of accumulated contributions may be made in inetallmenta according to euch rulee and regulation6 as the board of trustees may from time to time adopt. FUNDS OF RETIREMENT SYSTEM. Section 32. The funds hereby created are the employees savings fund, pension accumulation fund, and the retirement reserve fund. The board of truetees may trom Ume to time establieh such other funds as ehall be required for the proper operation of the retirement system. EMPLOYEES SAVINGS FUND. Section 33. (a) The employeee savings fund shall be the fund in which shall be accumulated, at regular intereet, the contributions deducted from the commnsations of members, and from which ehall be made tranefere and paid refund8 of accumulated contributions as provided in thie chapter. (b) The contributions of a member to the retirement eyetem shall be 6 per cent of his compeneation paid hlm by the city. The Director of Flnance or other officer renpomible tor making up the payroll shall cause the contibutions to be deducted from the com- peneation of each member on each and every payroll, for each and every payroll period, from the date of hle entrance in the spatem to the date his memberehip terminatee. (c) The contributions provided tor herein ehall be made not- withstanding that the mlnimum compensation provided by law for any member ehall be changed thereby. Every member shall be deemed to consent and agree to the deductiom made and provided for herein and payment of his compensations leas said deductlone ehall be a full and complete diecharge and acquittance of all claims and demands whatsoever for the eervlces renderad by such pemon, except an to benefits provided under this chapter. When deducted, the contributione of each member shall be paid into the retirement syetem and ehall be credited to his individual account in the em- ployees savings fund. (d) In addition to the contributione deducted from the com- peneatione of a member, a8 hereinbefore provided, he ehall deposit in the employees savings fund, by a single payment or by an in- creaeed rate of contribution ae deteimined by the board of trustees, an amount equal to the amount he mlght have withdrawn therefrom. together With regular interest from the date of withdrawal to the 60 date of repayment. In no case shall any member be %?en credit for service rendered prior to the date he withdrew hie accumulated contributions until he repays to the employees savings fund all amounts due said fund by him. (e) Upon the retirement of a member his accumulated con- tributions shall be transferred from the employeee savings fund to the retirement reserve fund. At the expiration of a period of 6 years from and after the date an employee ceases to be a member any balance atanding to hie credit in the employee8 savings fund, un- claimed by the member or hie legal representative, shall remain a part of the moneys of the retirement syetem and shall be transferred to the pension accumulation fund, if no retirement allowance will become payable by the retirement eystem on account of hie city employment. PENSION ACCUMULATION FUND. Section 33.1. (a) The pension accumulation fund shall be the fund in which ehall be accumulated reserve8 resulting from con- tributions provided by the city. Upon the baaie of euch mortality and other tables of experience, and regular intereat, as the board of trustee8 shall from time to the adopt, the actuary shall annually compute the retirement allowance reserve 1iabIlittes (1) for retire- ment allowances being paid retirants and beneficiaries, and (2) cov- ering service rendered and to be rendered by membere. The liabilitiee so computed shall be financed by appropriations, to be made by the council determined according to paragraphs (I), (2) and (3) of this subeection. The board of trustees shall annually report to the council the amount of contributions to be paid by the city to the retirement system during the ensuing fiscal year. When paid, the city's con- tributions shall be credited to the pension accumulation fund. (1) The city's appropriatione for members' current servlce ehall be a per cent of their annual compensations which will pro- duce an amount which if paid annually by the city during the members' periods of future service will be sufficient. together with the future service portione of their accum- ulated contributions, to provide the retirement allowance reserves for the future service portione of the retirement allowances to be paid them. (2) The city'e appropriations for members' accrued service ehall be a per cent of their annual compensations which will pro- duce an amount which if paid annually by the city for a number of years, to be determined by the board of truetees, will amortize, at regular interest, the unfunded retirement allowance reserves, if any, for the accrued service portions of the retirement allowances to be paid them. (3) The city's appropriations for retirement allowances being paid retirants and beneficiaries ehall be a per cent of the annual compensations of members which will produce an amount which if paid annually by the city for a number of years, to be determined by the board of trustees, will amor- tize, at regular interest, the unfunded retirement allowance reserves, if any, for the retirement allowances being paid retirants and beneficiaries. (b) Upon the retirement of a member, or at the time a retlre- ment allowance becomes payable to a beneficiary on account of the death of a member, the portion of the retirement allowance reserve which ia not covered by the member's accumulated contributions ehall be transferred from the pension accumulation fund to the re- tirement reserve fund. If a deficiency occurs in the retirement re- serve fund it shall be covered by a transfer from the pension ac- cumulation fund. 61 ADMINISTRATIVE EXPENSES. Section 84. The administrative expeneee of the retirement eye- tem shall be paid by the city from its general fund. RETIREMENT RESERVE FUND. 35. The retirement reserve fund ehall be the fund from which ehall be paid all retirement allowancee payable as provided in thie chapter. Should a dieability retirant mturn to the employ of the city hie retirement allowance reserve, computed aa of the date of hie return, shall be transferred from the retirement rwerve fund to the employeee savinp fund and the peneion accumulation fund in the same proportions ae the retirement allowance reaerve was originally transferred. The portion traneferred to the employeee eavlnge fund ehall be credited to the member'e individual account therein. INVESTMENT OF FUNDS. Section 36. (a) The board of trueteee ehall be the trueteee of the funds of the retirement syetem and ehall have full power to invest and reinveet euch funds as now or hereafter permitted by law. The board ehall have power to hold, purchase, sell, asrign, trsnsbr, and dispose of any eecuritiee and inveetmente in which any of the moneye of the retirement eyatem have been invested, aa well as the proceede of raid inveetmente. (b) Except as otherwiee provided in thie chapter, no truetee or officer or employeee of the retirement eyetem ehall have any intereet direct or indirect in the gaine or proflte of any inveetmente made by the board of trueteee. No euch person directly or indirectly for himaelf or a8 an agent or partner of othere ehall borrow any of the moneye or depoeite of the eyetem or in any manner uee the eame except to make euch current and neceeaary paymente as are author- ized by the board. No such pereon ehall become an endoreer or eurety or become in any manner an obligor for any moneye loaned by or borrowed from the eyetem. ALLOWANCE OF REGULAR INTEREST. Section 37. The board of truetees annually ehall allow and credit regular interest on the mean balancee in each of the iuade of the retirement eyetem for the Drecedina Year: Drovided. however. that interest to be credited memlbre' indikdual bsiancee in the employees aavinge fund ehall be computed on the balancee standing to their credit at the beginning of the calendar year and ehall be credited at the end of the calendar year. The amounta eo allowed and credited ehall be paid from intereet and other earnings on inveetmente of the syetem. Any additional amount neceeeary to allow regular in- terest, ae provided in thie ayetem, ehall be paid from the pension accumulation fund. All intereet, divldende, and other income derived from the deposit and investment of moneye of the eyetem, not re- quired for the allowance of regular intereet, ehall be credited to the peneion accumulation fund. METHOD OF MAKING PAYMENTS. , Section 38. All paymente from the tunde of the retirement eye- tem ehall be made according to charter provleione only upon regular city vouchere eigned by 2 per8one designated by the board of truet- eee. A duly attested copy of a reeolution of the board deeignating such pereone, and bearing upon it8 face specimen eipaturee of such persona, ehall be flled with the city treaeurer a8 hie authority to make paymente upon euch vouchers. No voucher shall be drawn unleee it shall have been previouely authorired by a epeciflc or continuing resolution adopted by the board. ASSIGNMENTS PROHIBITED. Section 39. (a) The right of a person to a retirement allowance, the return of accumulated contributions, and to any other benefit provided by the retirement system, and any other right accrued or accruing to any person under this chapter, and the moneys belong- ing to the system shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law, or any other process of law whatroever, and ehall be unasrignable, except a6 ir specifically Provided in this chapter. The city shall have the right of eetoff for any claim arising from fraud of or embearlement by a member, retirant or beneficiary. If a member is covered by a group insurance or prepayment plan participated in by the city, and ehould he be permitted to, and elect to, continue ouch coverage as a retirant, he may authorize the board of trustees to have deducted from his retirement allowance the payments required of him to con- tinue coverage under such poup insurance or prepayment plan. (b) All assets of the retirement syatem shall be held for the sole purpoee of meeting disbursements authorized by this chapter and shall be used for no other purpom. The crediting of moneys to the various funds of the system rhall be interpreted to refer to ac- counting procedures and not to the actual segregation of moneys in the various funds of the system. PROTECTION AGAINST FRAUD. Section 40. Whoever with the intent to deceive shall make any statement or report, required under this chapter, which is untrue, or shall falsify or permit to be falrified any record or records of the retirement system, or who shall otherwise violate, with intent to deceive, any of the provisions of this chapter, shall be fined not to exceed $600 or 90 days of imprisonment, or both. ERRORS. Section 41. If any change or error in the records of the city or the retirement system result in any person receiving from the sys- tem more or less than he would have been entitled to receive had the records been correct, the board of trustees shall correct such error and adjust the payment in such manner that the actuarial equivalent of the benefit to which such person was correctly entitled shall be paid. Section 42. The pensions, annuities and other benefits being paid retired policemen and flremen of the city, who retired prior to January 1, 1944, and to the widows and children of such retired policemen and flremen shall be continued wlthout change according to the provisions of Chapter 27 of the city cherter in ibrce Decem- ber 31, 1943. The necessary funds to make payment of such an- nuities, pension8 and other benefits, shall continue to be an obliga- tion of the city. EFFECT OF 1966 AMENDMENTS. Section 43. The annuities, pensions, or retirement allowances being paid retirants and beneficiaries under thin Chapter 16 of the City Charter (including Chapter Zg of the previous City Cheuter) the day preceding the effective date of the 1966 revioion of this Chapter 16 (including said Chapter 29) rhall continue to be paid in accordance with the provision8 of WE Chapter 16 (including Chapter 89) in force the day preceding the effective date of the said 1986 revision. EFFECTIVE DATE OF RETIREMENT SYSTEM. Section 44. The effective date of the retlrement eystem ie Jan- uary 1, '1944. The effective date of thie revieion of Chapter 16 (in- cluding Chapter 29 of the previous City Charter) shall be September 1, 1966. Adopted Auguet 2, 1966 <lBbPTlLCB 17 -08 vwted mghta ad LMatbr -=d. section 17. 1 After the effective date of this charter, the city shall be veated with all property, moneys, contracts, rlphts, crsdib, effects, and the recomb, fllcr, boob and pam belmglng to it unakr and by virtue of Ib prevbu Mer. No mt or Ub111ty. con- tract, lease, or fmnch&e, either in favor of or agalnrt the city, and no mit or prfmecutlon of any character, nh8U be atleebad in an^ man- ner by any change remalting fmm the adoptlon of this charter, but the mame ahall atand or proceed, as if no change had b.m made. All debts and lhbilitlrs of the dty &all cantlnue to be itw debtw and lla- bUitk8, and dl debts to it and fines and penalties, lmrned and exLt- ing at the time of ouch change, shall be collectad by the dty, All trurb, e&t&bUlhed for any municipal purport, shall be continued in accotdurcc with the term thereof, rlpbfect to the cy pm doctzine. ~~bbe~ &do11 17. 2. All records of the city shall be public, ahall be kept in dty oftlcm, except when required for oifldrl reasom or for purporar of niekecping to be elsewhere, and shall be anlhble for fnrp*ction at all muonrMe tlspea No person shall dLpai! of, mutllate, or dMxoy any record of the clty, except M provided by law, and sny parPDn who 8ball do 80 contrary to law ahall be guilty of a vIolatlon of thlr charter. Section 17. 3. The Councll may, in its dircretion, receive and hold any money or property in trurt for any muntdpd purpose md shall am the ramc to the execution of such tmt and for no other Purpare, except In casas where the cy pm doctrtae appllen. Mion 17. 4. Except as otherwise expreaaly prwlded in thla charter, a quorum of any board created by or under authority of thls charter shall COM of a majority of lta members, am¶ the concurring vote of a mdority of the members of each such board shall be neces- sary for offldal action by it. 64 -mad- Sectloa 17. 5. Exoapt cu otherwh - prodded in thtr chuter,whexmmrthed.b~bpk~or~ior~eddng orcomOIaClandw.ct~an8Sua&yor~~,IPQ.EL rh.u~~or~anthencxtml~d.o,whichIrrrot 8~os~hobidr~. hnmu*'PWJkrPrd-. Sectlan17.8.Ang~fouad~tyofanact~ ~tislabthh~wbe~adW8fbnnot~ % hondrddolkrrorbYimpaboPawntfornattocmolnanhuty~ osbdh,ithc~altb.oourt.Thfr~rb.tlaaS~ u,lindt~~th.ponartoranaro~or~am- pbyeesup~hrtbb~. rn~k#rmdh#h 8ocWm 17.7. Thechrpter.ndwctlonh~ursdlntbbeh.rc termioraunmiencemy,.ndrh.~aotbecoaddaadupu~al tblr m. -- -'---rd ~17.8.Thhchrtrr~be~rtwtir#latlrr ~~~Imr.maldtwoornr~rr~drrgOa 8t~~dretbah.*r~gro*Maar,tb ~tiw~~twer*.W~r~A dar knrJlllYfdmubrPrrrYrar Sactka17.9.Ifa1w~d~ordrnv~thb~. arthe~~~toray~or~lnrnfa- ldd,rnrabLn~h.nnot.tiect atlamobtbechutcr,nMehornk be aevaaM8. WEEDmE It.Ard~~. Section 1. The purpose of thlr Mule chrrptcr in to ntethefosamcntoftheatyot~-~~%Xi rhd~0d~b8~duldchuta~toth@e~t.ndfo~ the time mquir@d to aceompllrh that cad. Elaouon te Me@ -. Section 2. Tht chuttr W be ruWM to 8 vote of the qu.lltied electom of the CIty of 8ttJke~Citt~ to be held on Tu-, Nmkrm bstrrrar tk horur d 7:00 o'clock, u n, and 8:00 dd04 p. m. The CotdB rb.8 gb .sd Pub- llrbnotlceof therubardnnof thequtrtlanofthe~ olthh proposed ebutcr 8t nwh electha u req- by hr. Farn of Baok Section 3. The form of the quertlosr on rubmMon of thh charter &all be u folloan: sh8lltheprap08edchutardthdUltyofLm- dng, drafted by the chutar Commbdon whicb wan elm Ikcamkr 29, 1953, be adoptad? Yea No and, shall be set forth on paper ballotr, for absa~~tee trotlag, la the mal m8aner therefor. mtcQuveo.taal<Buter. hetion 4. Thir charter rhrll tske eect and become law for .II Purporar, except u to war&, sad other amtbrr rpadficrlb pro- 66 Wad for in thh rection, on Manday, April 8, 1857, at l2:Ol o#docL, a. m. ThL Schedule Chapter ahdl become eff-e up the ag provalofthhch.rtubgthttChutarCo~~~of thh charter, eatabbhing the wuda of the dty rh.l1 become effective for purporas of holding electbnr in the dty on Jan- 1, 1958. Chapter l2 of thla charter ahdl become effact!vo at U:Ol oedocL, a. m., on Mon&y, Jmuary 9, 1956. mnt~odbrthh~. Sectton 5. (8) The term of tho penom holdlag the offla of Mayor, each member of the Couadl, the City Anemor, City Clerk, sad CI Treuurer, who hold such offlcm on tha loth day of Janu- 9% 1 , ahall exmld until sad termhate on tb. 8th day of April, -1. (b) The wraon elected to the omce of Clerk under thh charter at the city-election held on the first day of April, 1957, ahall qualify for and arnrme that offlce on the 8th day of April, 1W7. (c) Th. pcuronr holding the oKiw of City Amnor, Clty Comptroller, and City Trea8urm on the 7th day of April, ism, shall be deemed to have beem appointad to the ofecm of Amamr, City Coatroller, and Treyurar, reapectiwly, by vhtue of thb aec- tion aad Wl qualify for md amme add oftkea on the 8th day of April, 1957, and wwe in ruch otacar rub- to the provkloDI of thlr chuter. <d) Pemm who hold the offlcea of Conatable on the ~~~ADoPTIO~ At a mmtlw of (be Charter Co~m of the Uty ai Lamlog, h.ldfntheotndd~Clhrmhmadthedty,~th.~ iag piace of the Charter Coxunbb, on Am SJp lSS5, the fol- lowing member8 d the Charter CommMon wero premmt: Black, -4 Hard=, Munyotl, Murphy. R--Y~ ma 'ao- At such meeting, the following remlutlan WM offered by mlrlrnrrrMUuuul~by~~~~dflShotwdl.adBUL ~Th.tthecB.rtarcomml8donoftheutyof dor~.poptt..l~~tuthepopold~ abutcnofthoC3tyof~andtheClarkoithhCommMonL ~~totrurrmltths~etothcCO~dthe8t.t~ of Hichig.n, fn acardwm with the providoar of Act No. ?7tl of th.PpblifbcbOilOOg*forhia~ The vote on the adoptton of the reaolutim wu u follows: Ages: 8 Nm: 0 Abmatt: StebbIheApe, voting In absentia /s/ Mlllie M. Brown Clerk of the Chutac Comndrlar o! the City of Laadag, MkWpn Attested by the folbwhg Conmimionem: /a/ Chursr Q. Hawden /s/ Walter K Munyon /s/ Mary 0. Black /#I George J. Quk /#/ Glenn P. Malu /a/ -1- N. M-4 /I/ James R Rarmsp /s/ Dorr M. Shotwell /I/ C. Rowknd Stebbins AU of the Co- hvlnq attested u to mM laoluoon, u abovrmtiasth.nd,rlrqhvinOaMthc~omtobs-bythc aovarnOr, the mecw adJoe subject to tho all of the auk- mma. I hereby Wprove the foregoing Charter of the Clty of lam- *- /s/ 0. Mamen Wtllhma Govmr of th. St8ta1 d IIllcbiprr Ikkd: Sephmber 2l. 1966 A0SESSOE: Cont'd. Review (See under Boud of Raia) Tendnation. Vacancy, 39 Tax roll; prep.ze, a4 Term of 06ke . . . , . . .. .. .. , i:; , ;-:. - - - - . - - - , . .. .. . . , , :\- ..7,,. .., ... , 3:. ~ . Adoption of ehuter, 66 . . . , , , . . . . . . . . Appointive time, 10,86 .' . ..... .".'."..?":,,.:. .,y.,:. , , .: ., , ... ,. :. ..... -!. *ax, vacancy in ohce, u BOARD OF BEVIEW: Cont'd. Duties; Assessment rollr; Correct, 89 Endomoment of, 84 Review, 84 Amessmenb; Examinntiom canduct, 84 Oatha, adminkr, 34 Rerise. corm&. 83 witneb#, &ine, 84 Comphintr. liah to, 88 Statutory PO-, 88 BO- AND COMHISSIONB: cont'd. Ysmbsrs; Apohtment, not*. of, 10 CtyOih.mrs,m 19 tbn, 10 ~XZLn, -ca. 19 Eldr of city, 10 Membership; BONDS: Cont'd. CerWhtds of IndebWnom, a, 80 Clerk eopnbdgn, 80 Highway fund type. 80 Lhnhtonr of, 81 Mapor, rign, 80 Mortecrgb -re, roPBo?n Redemption of; Co-IU, une for 30 R-ue from. rues. h. 80 CHIEF &X&CUTIVE OFFICER: (see M.Y-) CITY AlTWWEY: Ap intmemt; &&dl, confirm, 18 Mayor, b 18 Notice 210 Bouda and eommi~iom; Bdm of proeedan, rpprove. 20 Commtion, 10, $7 &anent of ha; "m dnlinMmtiV8 head, 20 CITY ElwIX)YMENT: Electiw otllcaa; Appointment to, ineljgibk 10 Penrionr (Soe udar -) Perno1.11~1 (h uadw -1 M- -1 Wak and- l~-emplopeer; Pmions, provide, 24 _ -- CITY HALL: Conrtmct, mrinbin, 9 CrrY 0mCE BUILDINGS: COUNCIL: Cont'd. COUNCIL : Cont'd. 1 COUNCIL: C011t'd. COUNCIL: Cant'd. I Hdtb funatkw; Ymbem prumt; Number, 14 I DEPABTMENT OF CITY CLERK ELWTION: Cont'd. *I (8- CkrL) Act u, DEPART- OF CITY UTIL- Dutim u, 48 ITIE8 (Sea UtiUtics bep.rtmemt) ch-a crfmtian Uf. 12 HAYOB: Cant'&. YAYOB: Cont'd. s-, 8 Electo-, appo t, 89 Vacmdar ; rW 89 Sueceaaor, appoint, 89 Electom; Appointment of, number, 89 T=% Imgtb, lo,@ R.dicbard,=Prbb.I -; Apwint, 18 Carmdl eanbrm, 18 v~orrney in &, 12 Weightr rad M8~urea We?; Amt, Coondl .ophbrm, 18 YAYOB PBO TBM: Co- dat from, 18 IhltielI* MJV&, h, 18 El on of 18 T- of. 18 VW, 18 YOTOE vEKlCLE8: f8cnitb; pa~zL, maintain, 9 ndnc baud; Oll-IItreOt, Mintah, 20 ~uttno me-, 26 PYS~~, 8 MOTOB mICLE8: Cont'd. MUNICIPAL CAW: CoMtluCt, lluintain, 9 MUNICIPAL COELPOBATION: Annual laport, dbttibts, 81 a-; %Zz'Lwrn CaMeakr of indebam, 29 Tmbllt; pedal accaults. A* for, 10 &tab Ftn~uld~,9 Firamen I#adonr (See under -..tW-) mcd Gad'- -, a, 81 Immunitim of, 6 w, power (see Cam) Noti-; Farm of, 29 Ttme of, E9 Pemonal pro R.*, S& Police psnh (& under Rsttn- maat S .kr) P- 03 (& Rm) Pririla$plJ of, 6 Public improvementr; special PCCOMQ; Appro rirtiom. 28 ~at.b&h, 28 Life saving, emergency services; Equip, operate, 28 Police chief, appoint, 23 Police services, organise, 28 Federal, State protection; Contractural authority, 23 POLICE CHIEF: Ci council; $-nt-at--. duties. 11 POWEBB OF: Cont'd. Public conatroction, 9 - --Gw , POLICE DEPAETHENT: vaclt.d rPphta, continue. 9 Anw er of, 22 Chi&% ECB; - PREAMBLE: Contents. 6 Ek&bn duties; . PRIVILECRB: Municipal corpontion, 6 Equip- -*, a Fd-lp~=W?prdaet,B P-8 SEBV&BB: Immmitrsil, pride-, powam, 82 Appointmeat, 41 ht+ofodtea,22 OdIIWlCe pidpuo~, mb, 22 PUBLICAmN: Penrioru (See under Bdirw- BoudofReda; POLICE STATIONS: Ch&mct, mainkin, 9 POLLING PLACE: Conrtruct, maintain, 9 POPULATION: De~ity, eonstnrction requbamenb, 7 POWERS OF: Buildings, manage, control, 7 Contmta, enter into, 7 Contrreftvrl r6htlonrhipr. 9 Finance, maluge, control, 7 General welfare, protact, 7 Huuds; Abatement, 7 hsmenta, rpecial. 7 ~ - -, 7 fIdth, protect, 7 Monb, protect, 7 Municipal corporation, of. 6 Nlabncell; Abatement, 7 hmmentr, rpecial, 7 D&ue. 7 ordilunab, eruret, 7 Property; Aequlring of, 9 Convening; Phca of. 84 Time of, 84 Budget; Public bearin Nok of a; me of, k Chutar; Electon, rubmiuion; Notice of, 66 Council msstinpr; 03'- , mtM 14 ImnCeE, 16 Police. Firemen Retirement Byatam; Clu* %8 plwim *; tion of, 80 Pub~Y*; Cownr, unpaid, 47 Sprd.J aosammeats; Additional =tea, 88 Tax collectionr; Due date, notice, 86 PUBLIC CONSTBUCTIONS: Powerr of unde-g, 9 PUBUC FACILITE8: Conrtruet, maintain, 9 Enumeration of. 9 PUBLIC FUNDB: Accountability (See Fhnel.1 -tor) Audit, independent, yearly 81 Bonds, h8uance (Sm 6) B0E23&39 Bod, i~uanee of, 29 Limihtionr on, 81 Deporitmier, designate, 22, 81 91 SAVINGS CLAUSE: Cotladl regulntiom, 16 onti.nCea, 16 ~olutionr, 16 Rdea and re#ulations, 16 SEALEB OF WEIGHTS AND M~~: (See under Weighta and Maasurea -1 Polica Chid, council, 14 SCHOOL TAXES: (8- -1 SIDEWALKS : aty, lxwtlQct, mainbin, 7 Ob8truction8 from, remove, 8 m2E'7 ownem, CoMtrUct, main- Snow and ice, free from, 8 Spad -entr; Comthctlon, nuin-es, 8 SPECIAL ASSESSMENTS: Contnd. Pmcdurem; h~mnant rollr, 87 1nrt.llment paymanta, 87 Noticer, hewinfg~, 87 Ph, coot estimates, 87 STADIUMS : Comtruct, maintain, 9 STATE AND FEDERAL RELATIONSHIPB : Fire protection, contract, 22 Police protection, contract, 22 STATE TAXBS: (See Rxa) STIWILI: Rob, collections, 46 &pplyinfJ, dt.i-fW# 4.6 STORM s&WEB8: Colutruet, maintain, 9 STmAMs: bets 7 BTBEFT ADDPE88E8: mmb, 8 Additional ; Cooncil, impow, 87.88 Limitation. 88 Collectlonr; Delhqwnt .ccoPLLta, collaction, p.ymen% ems 88 Non-p.ymsntn, gmxUltie8, 88 Poatpo~man cemun, 88,m PrvWQf, lbhB & 89 Roe, liemon, 88 special accotmtr. ~tain, 88 Di8tricb; Boulevard lighta, 87 Cratlon of 87 Propem wkhin, liability, 89 Sewer ryntem~, 87 Waterwork rpstemr, 87 ui!:n and ruib; Limitationr, notieae, 88 Arrslrrment, new, council 38 Reanom-t procsdure, i8 Invalid ; Arremmnent, new, council, 88 Bersreument procedure, 88 Pa enta; Eperty, liability of, 89 STBEWP8 AND ALLEYS: ab*; Num rfnl provide, 8 Contmlllryr d, 7 Creating of, 7 Encumbering rewnt, absk, 8 Ert.blW z 7 Grade of, mquh, 8 88 Highway Ftrrid bomb, hmm, 80 Lamb for; Acquire, 7 Dtpoaino of, 7 Ligbtb 8 p1.n of, provide, 7 Public utilities; Compen~tion, remaonable, 8 hmchire; F;:2!2KX h, 47 Im rovementa, maintenuu?e wta, R ~oht are of property, 47 Trackr, facilitier, 8 Treen, rhrubbery; Cutting, conrent required, 8 Roiroadr; SP&, resulats. 8 Sto pin , parkinq, regulate, 8 ,At of, mamtenance, 8 Warning, require, 8 TkiBc (See TraUie) 8TREETS AND ALLEYS: Cont'd. TAXATION : Cont'd. lkQf08, du~bbw; Specid aMerunent rollr; Cue af, 8 Collsctim; Pluttingof 8 b fundo; depoeit, 80 vacating of' + TAXEB: Cont'd. TBAFPlC DEPARTMENT: Sohook; Duticm; Treasurer, collect, 86 COrrncil, ~~~~~dr~, 26 State; M.yor, ncommmd.tiom, I Treasurer collect, 86 rctivitia, cosrdinate, I ax &k, 84 Rodac surveyi, publhh, I g I) / i EX~CI€~~VB oiqeer; - 5 '? , 1 TAXICABS : Tndtcen m.26 I' - -4 (See VsbiJcr for Hire) - 1 Trabd Admbiafmtive head of, 26 , . ) i*'g:i . ,c :p TAX ROLL: * ' *, ,' (See under Taxes) . , - 1 r "b %;? . .L A * /L . ,, ,f" i" i Tom: Claims againat city; Notice, ffling, time, 20 On~trect rking metera, 26 TBADEB: Memk, a portment, 26 8sc1at.W $, 26 Tmlb engineer, appoint, 26 Trcrble enprineer; TRAFFIC: Appointment of, 26 Duticr of, 2.6 Executive odieer, 26 TRAFFIC VIOLATIONS BUBEaU: Court(8erunderIIdPnkl Cwt) R.E (g. Under mer' TEAINB : (sea -6) TBANBPOBTATION SYSTE168: Acquire, mrintrin, 0 TBANBPORTERS: (Sea Vehhh for Hka) TBEASUREM: TRAFFIC BOABD: 99 Lbnsfiyaf 7 Number of, hbtlo~. 7 w WARD8: BarmQrbrof,la city, dMdon bto. 18 %zZzk; Narnkrfranr, la of, 18 -h 18 NUmh d, 16 wm BElvlCE: cam--Blrtr) WATER: WA- AND IJaafll BOARD: Ro~, 24 - Fund8 uld rewllOI; ~~t lmxedlm, 24 m af & 46 DW-h of, akton ~PP&, 46 * l.m-t, dqeul Nm 'productive; L-w --, 4 WATER AND LIGHT8 BOABD: Cant'd. Public fandr; -=ha -incrrwaJow 1Sarlcw, of, .=pb, = lbb. d*n; 24 m-, P WATEU COUICIIReB: R-b. 7 WATER mNT m: C cod. %, prohibit, 16 WATEBMAINB: W8tQ mrrin extendon bod, tme, 80 WATER RATES: Fixing af, 24 WEEDS: Curb-sidewalk me; Free from, maintain, 8 WEIGBTS AND MEASUILEB SEALER: Ap intment; ~uncil, ~~, 18 Mayor, by, 18 Notice of, 10 :IS1 ESD3IEKTS COMMENCEJIEST OF TERMS OF OFFICE OF COCSCILMEN Section 5.1. The Council shall consist of eight members, four to be elected from the wards of the city and four from the city at large. The term of office of each councilman shall be four years from the 1st day of January next following his election except in the case of appointments to fill vacan- cies made under Section 4.14 (a) of this charter. ORGANIZATION OF COUNCIL Section 5.4. The Council shall meet and organize on the first Monday in the month of January following each regular city election. At such meeting, or within two weeks there- after, the Council shall appoint such standing committees as it shall deem fit. elect a JIayor Pro-tern and do such other acts as may be required for its organization and the conduct of its business. ELECTION OF MAYOR PRO-TE31 PLAXSIKG DEP-ARTJIEST bers of the Planning Board, without rote, for terms of one year each, beginning on the first of May fol- lowing their appointment. (b) The Planning Board shall possess and exercise all of the powers and functions of planning commissions under the provisions of Act So. 285 of the Public Acts of 1931 and such amendments and superseding acts as may be enacted. Commencing with the pear 1958, the Department shall, in collaboration with the other officers and boards, prepare its recommendations for a program for capital improvement expenditures for public structures and improvements during the en- suing six years and submit the same to the Nayor and Council not later th~n the first day of February of each year. Proposed improvements listed in such program shall be set forth for each gear in the gen- eral order of theirbriority and recommendations shall be made for the financing thereof.