This table shows the location of amendments to the Charter.

Act 78 of the Public Acts of 1935 [MSA 5.3351 et seq.] as amended entitled:

An act to establish and provide a Board of Civil Service Commissioners in cities, villages and municipalities having full paid members in the fire and police departments; to provide a civil service system based upon examination and investigation as to merit, efficiency and fitness for appointment, employment and promotion of all officers and men appointed in said fire and police departments and respective cities, villages and municipalities; to regulate the transfer, reinstatement, suspension and discharge of said officers, firemen and policemen; and to repeal all acts and parts of acts inconsistent therewith.

Is hereby incorporated into this Charter by reference with the same force and effect as though fully set forth herein.

Act 345 of the Public Acts of the State of Michigan for the year of 1937 [MSA 5.3375(1) et seq.] as amended entitled:

An act to provide for the establishment, maintenance and administration of a system of pensions and retirements for the benefit of the personnel of the fire and police departments, employed by cities, villages or municipalities having full paid members in such departments, and for the widows and children of such members, and to provide for the creation of a board of trustees to manage and operate same; to authorize appropriations and deductions from salaries; and to repeal all acts and parts of acts inconsistent herewith.

Is hereby incorporated into this Charter by reference with the same force and effect as though fully set forth herein.

The municipal corporation, heretofore created by the vote of the electors on the 17th day of January, A.D., 1955, and shown by its Record, in the office of the Secretary of State, to be a duly and legally incorporated home-rule city from January 24th, 1955, under provisions of Act 279 of the Public Acts of 1909 [MSA 5.2071 et seq.] as amended, shall be known as the "City of Madison Heights." It is a body corporate and politic and shall have perpetual succession.

Said municipal corporation shall embrace the following described territory set apart from Royal Oak Township, Oakland County, Michigan, heretofore known as the eastern portion of Royal Oak Township and as Royal Oak Township, together with such territory as may from time to time be attached thereto, and less such territory as may from time to time be detached therefrom, in accordance with law:

Beginning at the center line of the intersection of 10 Mile Road and Dequindre Road; thence proceeding in a northerly direction along the center line of Dequindre Road to the center line of the intersection with 14 Mile Road; thence westerly along the center line of 14 Mile Road to the center line of the intersection of Campbell and 14 Mile Road; thence southerly along the center line of Campbell to the intersection of the center line of 12 Mile Road and Campbell; thence easterly along the center line of 12 Mile Road to a point which is the easterly boundary line of the City of Royal Oak and the westerly boundary line of the Township of Royal Oak; thence in a southerly direction along said easterly boundary line of the City of Royal Oak, which is also the westerly boundary line of the Township of Royal Oak to a point of intersection in the center line of 10 Mile Road; thence easterly along the center line of 10 Mile Road to a point of beginning, also known as Sections 1, 2, 11, 12, 13, 24 and Fractional Section 14 and Fractional Section 23, Royal Oak Township, Oakland County, Michigan, except therefrom a part of the N.W. ¼ of Section 2, T. 1N., R 11 E., described as beginning at a point on the West line of said section at its intersection with the north line of Norchester Woods Subdivision as recorded in Liber 43 of plats, page 28, Oakland County records; thence east along said north line 1272, 12 feet; thence north 754.56 feet; thence westerly 1274.30 feet to the west line of said section; thence south 757.18 feet to the point of beginning; said area containing 22 acres. (The territory so incorporated is herein described as it was when under the government of said Royal Oak Township.)

Unless otherwise provided or limited in this Charter, the city and its officers shall possess and be vested with any and all powers, privileges and immunities, expressed or implied, which cities and their officers are, or hereafter may be, permitted to exercise or to provide for in their charters under the Constitution and statutes of the State of Michigan, including all powers, privileges and immunities which cities are or may be permitted to provide in their charters by Act 279 of the Public Acts of 1909 of the State of Michigan [MSA 5.2071 et seq.], as amended, as fully and completely as though these powers, privileges and immunities were specifically enumerated in and provided for in this Charter, and in no case shall any enumeration of particular powers, privileges or immunities herein be held to be exclusive.

The city and its officers shall have power to exercise all municipal powers in the management and control of municipal property and in the administration of the municipal government, whether such powers be expressly enumerated herein or not; to do any act to advance the interests of the city, the good government and prosperity of the municipality and its inhabitants, and through its regularly constituted authority, to pass and enforce all laws, ordinances and resolutions relating to its municipal concerns, subject to the provisions of the Constitution, statutes and this Charter.

State Law reference— For similar provisions see MSA 5.2083; restrictions on provisions of city charters, MSA 5.2084.

In addition to the powers possessed by the city under the Constitution and statutes, and those set forth throughout this Charter, the city shall have power with respect to, and may, by ordinance and other lawful acts of its officers, provide for the following, subject to any specific limitations placed thereon by this Charter or by law:

(a)

The acquisition, by purchase, gift, condemnation, lease, construction or otherwise, either within or without the County of Oakland of the following improvements including the necessary lands therefor; viz:

City Hall, Police Stations, Fire Stations, boulevards, streets, alleys, public parks, recreation grounds, museums, libraries, city prison and penal institutions, hospitals, waterworks plants, facilities and systems, sewage disposal plants, facilities and systems, public works and public buildings of all kinds, which may be required for or incidental to the present or future exercise of the purposes, powers and duties of the city, either proprietary, governmental or otherwise; and for the establishment, maintenance and operation of the necessary departments to operate the same, including both equipment and personnel. (Amended November 6, 1962)

(b)

The maintenance, development, operation, leasing and disposal of city property subject [to] any restrictions placed thereon by this Charter or by law;

(c)

The installation and connection of conduit for the services of any municipally owned and/or operated electric lighting service, and the issuance of bonds therefor under Sec. 117.4b(3), 1958 Compiled Laws of Michigan [MSA 5.2075], if and when approved by the electorate;

(d)

The establishment and vacation of streets, alleys, public ways and other public places, and the use, regulation, improvement and control of the surface of such streets, alleys, public ways and other public places and of the space above and beneath them;

(e)

The use, by other than the owner, of property located in streets, alleys and public places, in the operation of a public utility, upon the payment of a reasonable compensation to the owner thereof;

(f)

A plan of streets and alleys within and for a distance of not more than three (3) miles beyond the municipal limits;

(g)

The use, control and regulation of streams within its boundaries, subject [to] any limitations imposed by law;

(h)

The acquiring, establishment, operation, extension and maintenance of facilities for the storage and parking of vehicles within its corporate limits, including the fixing and collection of charges for services and use thereof on a public utility basis, and for such purpose to acquire a gift, purchase, condemnation or otherwise, the land necessary therefor;

(i)

Regulating, restricting and limiting the number and locations of oil and gasoline stations, trailer camps and beer gardens;

(j)

The establishing of districts or zones within which the use of land and structures, the height, the area, the size and location of buildings, and required open spaces for light and ventilation of such buildings, and the density of population may be regulated by ordinance in accordance with statutory provisions governing zoning;

(k)

The regulating of trades, occupations and amusements within the city, not inconsistent with state and federal laws, and for the prohibiting of such trades, occupations and amusements as are detrimental to the health, morals or welfare of its inhabitants;

(l)

Licensing, regulating, restricting and limiting the number, size and locations of advertising signs or displays and billboards within the city;

(m)

The preventing of injury or annoyance to the inhabitants of the city from anything which is dangerous, offensive, or unhealthful, and for preventing and abating nuisances and punishing those occasioning them or neglecting or refusing to abate, discontinue or remove the same;

(n)

Prescribing of the terms and conditions under which top soil may be removed from any land lying within the city; the maintenance of grades, and the filling of land lying within the city;

(o)

The prescribing of the terms and conditions upon which licenses may be granted, suspended or revoked; requiring payment of reasonable sums for licenses; and requiring the furnishing of a bond to the city for the faithful observance of the conditions under which licenses are granted, and otherwise conditioning such licenses as the Council may prescribe;

(p)

The prohibiting or regulating of all landings of aircraft within its boundaries, and, for the purpose of promoting and preserving the public peace, safety and welfare, controlling and regulating the use of the air above the city by aircraft of all types;

(q)

The prohibiting or regulating of the use, occupancy, sanitation and parking of house trailers within the city, and the right of the city to so regulate any house trailer shall not be abrogated because of any detachment thereof from its wheels or because of placing it on, or attaching it to, the ground by means of any temporary or permanent foundation, or in any manner whatsoever;

(r)

The requiring of an owner of real property within the city to maintain sidewalks abutting upon such property, if the property be in a platted subdivision where properties have such sidewalks, and, if the owner be unknown, to repair and/or maintain such sidewalks as a public health and safety measure, and assess the cost thereof against the abutting property. The Council shall enact legislation to implement this provision;

(s)

The requiring of an owner of real property within the city to abate public hazards and nuisances which are dangerous to the health or safety of inhabitants of the city within a reasonable time after the Council notifies him that such hazard or nuisance exists, and if the owner fails to comply with such requirements, or if the owner is unknown, to abate such hazards or nuisance and assess the cost thereof against such property in accordance with Section 11.9;

(t)

The compelling of owners of real property within the city to keep sidewalks abutting upon their property clear from snow, ice or other obstructions, and if the owner fails to comply with such requirements, to remove such snow, ice or other obstructions and assess the cost thereof against the abutting property in accordance with Section 11.9;

(u)

In the interest of public health and safety, the compelling of the owners of lots and parcels of land, at their own expense, to keep obnoxious weeds, and grasses interspersed with such weeds, mowed and cut down thereon, and to keep such property clear of garbage, rubbish and refuse. The Council, after recommendation to that effect by the Board of Health, is authorized to enforce this provision and provide penalties for violations; and, in case any such lots and lands are not so maintained by owners, to cause such required mowing and clearing by a city agency and assess at least the entire cost thereof against the respective lands so temporarily maintained by the city, but not to assess any part of such cost against any lots or parcels of land not so mowed and cleared by the city;

(v)

The prohibiting, or regulating by ordinance, the dumping of rubbish, garbage or refuse within the City of Madison Heights.

The electors of the city shall elect a City Council of six (6) members and the Mayor, which shall constitute the legislative and governing body of the city which shall have power and authority, except as in this Charter, or by law providing otherwise, to exercise all powers conferred upon or possessed by the city, and shall have the power and authority to adopt such laws, ordinances and resolutions as it shall deem proper in the exercise thereof. In all cases where the word "Council" is used in this Charter, the same shall mean such City Council and shall be synonymous with the word "Commission," or any other term used in any state or federal law in referring to municipal legislative or governing bodies.

The Council shall cause to be designed and shall adopt a municipal Seal.

No compensations, allowances, expense moneys, or gift moneys shall be appropriated for or paid to any Councilman, Mayor or other city officer, board or employee from city funds, except as duly provided for in the Budget under Section 8.5, within the limitations of Section 9.1 thereof.

Editor's note— The above provisions relative to compensation to elected officers are superseded by Ordinance No. 454 of 4-24-72, relating to the compensation commission, and adopted pursuant to MSA 5.2084(3). See chapter 2, article VII of the Code of Ordinances.

Members of the Council shall meet the eligibility requirements contained in Section 5.1 of this Charter. The Council shall be sole judge of the election and qualifications of its own members, subject only to review by court.

Members of the Council shall receive an annual salary of five hundred dollars ($500.00) per year, payable quarter-annually, for their services rendered as such. The Mayor of the City shall receive an annual salary of seven hundred fifty dollars ($750.00) per year, payable quarter-annually for his or her services rendered as such. Members of the Council, including the Mayor, shall meet regularly once in every two (2) weeks, upon such date as may be set by the Council as a regular meeting date. Members of the Council and the Mayor may receive an additional sum up to the maximum of five hundred dollars ($500.00) annually for expenses actually incurred in service in behalf of the city. Compensation for attendance at special meetings shall be authorized and shall be paid upon order of the Council.

Editor's note— See editor's note following section 3.1.

After each regular city election, the mayoral candidate receiving the highest number of votes shall be deemed the duly elected Mayor of the City of Madison Heights. The Council, at its first meeting after such regular city election, shall designate the City Council member, receiving the highest number of votes at the regular city council election, as Mayor Pro Tem. The Mayor and Mayor Pro Tem shall serve in that capacity until the next regular city election; provided, however, that each officer shall continue in office until his successor has been selected and sworn in. In the event of absence or disability of both Mayor and Mayor Pro Tem, the Council may designate one of its members, by an open ballot of a majority vote, to serve as acting Mayor during such absence or disability.

(Amended November 6, 1985; Election of November 7, 2023)

(a)

Insofar as required by statute, and for all ceremonial purposes, the Mayor shall be the executive head of the city. He shall have a voice and vote in all proceedings of the Council equal with that of other members of the Council, but shall have no veto power. He shall be the presiding officer of the Council.

(b)

The Mayor shall be a conservator of the peace, and in emergencies may exercise within the city the powers conferred upon sheriffs to suppress riot and disorder and shall have authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the city and to suppress riot and disorder.

(c)

The Mayor shall execute or authenticate by his signature such instruments as the Council, this Charter, or any statutes of the State of Michigan, or laws of the United States, shall require.

(d)

Except as may be required by statute, the Mayor shall exercise only such powers as this Charter or the Council shall specifically confer upon him.

(e)

In the absence or disability of the Mayor, the Mayor Pro Tem shall perform the duties of Mayor. In the absence or disability of both, the designated Acting Mayor shall perform such duties. Absence or disability in this chapter shall mean only such conditions and situations as make the officer unable to perform his duty as of a necessary time or place.

State Law reference— Mandatory that Charter prescribe duties of officers, MSA 5.2073.

Administrative officers enumerated; appointment, confirmation, term, compensation: The administrative officers of the city shall be the City Manager, Attorney, Clerk, Treasurer, Assessor and such additional administrative officers as may be created by ordinance. The Council may, by ordinance, combine any administrative officers in any manner it deems necessary or advisable for the proper and efficient operation of the city.

The City Manager and Attorney shall be appointed by the Council for an indefinite period, shall be responsible to and serve at the pleasure of the Council and shall have their compensation fixed by the Council.

With the exception of the City Manager and Attorney, all administrative officers of the city, including Department Heads, shall be appointed by the City Manager for an indefinite period, subject to confirmation by the Council; all other employees of the city shall be appointed by the City Manager for an indefinite period. Such officers and employees shall have their compensation fixed by the City Manager, in accordance with the budget appropriations, with the consent of the Council. Such officers and employees may be discharged by the City Manager upon cause without confirmation by the Council.

Council: Except as may be otherwise required or limited by this Charter or by law, the Council shall establish by ordinance such departments of the city as it deems necessary or advisable and shall prescribe therein the functions of each department and the duties, authorities and responsibilities of the officers of each department. The City Manager may prescribe such duties and responsibilities of the officers of those departments responsible to him which are not inconsistent with this Charter or with any ordinance or resolution.

All personnel employed by the city who are not elected officers of the city or administrative officers by, or under the authority of this Charter, shall be deemed to be employees of the city.

Any employee or administrative officer who has been discharged may within ten (10) days thereafter, petition the Council to hear the facts regarding such discharge, and in any such case the Council shall hold a hearing within ten (10) days after the filing of such petition, and inquire into such facts and make such recommendation in the matter as it considers proper.

(Amended April 4, 1960)

State Law reference— Mandatory that Charter provide for compensation of city officers, MSA 5.2073.

City Manager; qualifications, appointment, tenure: The City Council shall appoint a City Manager within ninety (90) days after any vacancy exists in such position. The City Manager shall hold office at the pleasure of the majority of the Council. He shall be selected solely on the basis of his executive and administrative qualifications with special reference to his training and experience. The Manager is specifically exempt from any qualifications herein set forth concerning the time or place or residence within the city, provided, he shall become a resident of the city on or before six (6) months after his employment.

(Amended February 16, 1960)

State Law reference— Mandatory that Charter prescribe qualifications of officers, MSA 5.2073.

The City Manager shall be the chief administrative officer of the city government. His functions and duties shall be:

(a)

To be responsible to the Council for the efficient administration of all administrative departments of the city government except the department under the direction of the Attorney;

(b)

To see that all laws and ordinances are enforced;

(c)

To appoint, with the consent of the Council, the heads of the several city departments whose appointments are not otherwise specified in this Charter and to discharge such department heads without the consent of the Council and to direct and supervise such department heads;

(d)

To give the proper department or officials ample notice of the expiration or termination of any franchise, contracts or agreements;

(e)

To see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise, or in any contract, are faithfully kept and performed;

(f)

To recommend an annual budget to the Council and to administer the budget as finally adopted under policies formulated by the Council, and to keep the Council fully advised at all times as to the financial condition and needs of the city;

(g)

To recommend to the Council for adoption such measures as he may deem necessary or expedient; and to attend Council meetings with the right to take part in discussion but not to vote;

(h)

To exercise and perform all administrative functions of the city that are not imposed by this Charter or ordinance upon some other official;

(i)

To be responsible for the maintenance of a system of accounts of the city which shall conform to any uniform system required by law and by the Council and to generally accepted principles and procedure of governmental accounting. He shall make monthly financial statements to the Council.

(j)

To perform such other duties as may be prescribed by this Charter or as may be required of him by ordinance or by direction of the Council.

State Law reference— Mandatory that Charter prescribe duties of officers, MSA 5.2073.

The Council may appoint or designate an Acting City Manager during the period of a vacancy in the office or during a temporary absence of the City Manager from the city. Such Acting Manager shall, while he is in such office, have all the responsibilities, duties, functions and authority of the City Manager except such work as the Council may withhold.

Neither the Council nor any of its members or committees shall dictate the appointment of any person to office by the City Manager, or in any way interfere with the City Manager or other city officer to prevent them from exercising their judgment in the appointment or employment of officers and employees in the administrative service. Except for the purpose of inquiry concerning such appointments, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager.

(a)

The Clerk shall be the Clerk of the Council and shall attend all meetings of the Council and shall keep a permanent journal of its proceedings in the English language.

(b)

The Clerk shall be custodian of the city seal, and shall affix it to all documents and instruments requiring the seal, and shall attest the same. He shall also be custodian of all papers, documents and records pertaining to the city, the custody of which is not otherwise provided for.

(c)

The Clerk shall certify by his signature all ordinances and resolutions enacted or passed by the Council.

(d)

The Clerk shall provide and maintain in his office a supply of forms for all petitions required to be filed for any purpose by the provisions of this Charter.

(e)

The Clerk shall have power to administer oaths of office.

(f)

The Clerk shall perform such other duties as may be prescribed for him by this Charter, by the Council or by the City Manager.

State Law reference— Mandatory that Charter prescribe duties of officers, MSA 5.2073.

(a)

The Treasurer shall have the custody of all moneys of the city, and bond pertaining solely to the Clerk and all evidence of indebtedness belonging to the city or held in trust by the city.

(b)

The Treasurer shall collect all moneys of the city, the collection of which is not provided for elsewhere by Charter or ordinance. He shall receive from other officers and employees, including fines, license fees and all other charges. All money shall be turned over to the Treasurer after collection or receipt, and he shall in all cases give a receipt.

(c)

The Treasurer shall keep and deposit all moneys or funds in such manner and only in such places as the Council may determine and shall report the same in detail to the accounting officer of the city.

(d)

The Treasurer shall disburse all city funds in accordance with the provisions of statute, the Charter and procedures to be established by the Council.

(e)

The Treasurer shall have such powers, duties, prerogatives in regard to the collection and custody of state, county, school district and city taxes as are conferred by statute upon township treasurers in connection with state, county, township and school district taxes upon real and personal property.

(f)

The Treasurer shall perform such other duties as may be prescribed for him by statute, by this Charter, by the Council or by the City Manager.

State Law reference— Mandatory that Charter prescribe duties of officers, MSA 5.2073.

The Assessor shall possess all the powers vested in, and shall be charged with all the duties imposed upon, assessing officers by statute. He shall prepare all regular and special assessment rolls in the manner prescribed by this Charter, by ordinance and by statute. He shall perform such other duties as may be prescribed for him in this Charter, by the Council or by the City Manager.

State Law reference— Mandatory that Charter prescribe duties of officers, MSA 5.2073.

(a)

The Attorney shall act as legal advisor to and be attorney and counsel for, the Council, Boards and Administrative Officers, and shall be solely responsible to the Council. The Attorney is specifically exempt from any qualifications herein set forth concerning the time or place of residence within the city. He shall in writing advise any officer or department head of the city in matters relating to his official duties when so requested and shall file with the Clerk a copy of all written opinions given by him.

(b)

The Attorney shall prosecute such ordinance violations and he shall conduct for the city such cases in court and before other legally constituted tribunals as the Council may request. He shall file with the Clerk copies of such records and files relating thereto as the Council may direct.

(c)

The Attorney shall prepare or review all ordinances, contracts, bonds and other written instruments which are submitted to him by the Council, Boards or Administrative Officers, and shall promptly give his opinions as to the legality thereof.

(d)

The Attorney shall call to the attention of the Council all matters of law, and changes or developments therein, affecting the city.

(e)

The Attorney shall perform such other duties as may be prescribed for him by this Charter or by the Council.

(f)

Upon the recommendation of the Attorney, or upon its own initiative, the Council may retain special legal counsel to handle any matter in which the city has an interest, or to assist and counsel with the Attorney therein; or provide such other personnel or assistants as necessary to carry on the function of the office.

State Law reference— Mandatory that Charter prescribe duties of officers, MSA 5.2073.

The compensation set by the Council for the Attorney shall be in contemplation of the normal duties of that office. Special compensation may be provided at the discretion of the Council for appeals to, or litigation commenced in, Federal Court, Circuit Court or State Supreme Court; for work requiring extensive hearings before quasi-judicial or administrative tribunals; for legal work in connection with the issuance of bonds of the city; for condemnation proceedings or for other matters outside the scope of his normal duties. No such special compensation, nor any compensation to special legal counsel, shall be paid except in accordance with an agreement between the Council and the Attorney or special counsel made before the service for which such special compensation is to be paid has been rendered.

State Law reference— Mandatory that Charter provide for compensation of officers, MSA 5.2073.

The Council may establish by ordinance a City Planning Commission in accordance with and having all the powers and duties granted by the provisions of statutes relating to such commissions.

The Council shall maintain a zoning ordinance in accordance with the provisions of state law relating to such ordinances. Insofar as may be, such ordinance shall provide that zoning be coordinated with the work of the City Planning Commission. The Council shall appoint or be a Board of Zoning Appeals. The Zoning Ordinance and the Building Code of the Township of Royal Oak, under the conditions of Section 7.1 hereof, shall continue in full force and effect in the territory incorporated within the city and be administered therein by the city until amended or repealed or found invalid.

In the administration of such Code the Council shall provide for the collection of fees for building permits and a system of inspection of construction, plumbing and electrical work, such as will safeguard construction and shall set up a schedule of charges for same, such as will render a net income to the City Treasury as to that work.

Editor's note— Provision for using the zoning ordinance of the Township of Royal Oaks was declared invalid, see Stevens v. City of Madison Heights, 358 Mich. 90, 99 N.W.2d 564 (Mich. 1959). The City of Madison Heights has since adopted its own zoning ordinance, see App. A in the Code of Ordinances.

State Law reference— Provisions in Charter for zoning are permissible, MSA 5.2082.

No lands or premises shall hereafter be laid out, divided and platted into lots, streets and alleys, within the city, except by permission and approval of the Council. The Council shall have authority to impose reasonable terms and conditions, including the posting of adequate performance bonds, prior to or upon the approval of any plat. No plat shall be permitted or approved by the Council which shall contain any residential lot or lots of less than one hundred and forty (140) feet in depth, or less than fifty (50) feet in width, unless such plat shall be of an irregular shape, thereby making certain lots unavoidably of less than one hundred and forty (140) feet in depth; in which event the Council shall require the said lot or lots to be of sufficient additional width so that the total number of square feet contained in any lot shall not be less than seven thousand (7,000) square feet except lots platted in accordance with the provisions of this Charter or ordinances of the city providing for business frontage. No plat shall be approved unless it conforms to such general plan as may be adopted by the Council for the width and location of streets, which plan, however, shall not conflict with any such state or county plan, or unless the person, firm or corporation owning the land proposed to be platted shall first agree to install therein adequate water and sewer mains and all public improvements required to place the area to be platted and used on an equal footing with respect thereto with the property adjacent to or surrounding such land proposed to be platted.

Such installation of utility improvements may be progressive, through the development of the parts of a subdivision, one part at a time. Provided, however, that no building permit shall issue for construction of a dwelling house or other structure in any part until and unless such necessary utilities exist to serve the structure. Provided, further, improvements required to be installed by landowners hereunder, shall not be deemed to include any public utilities sponsored and installed by the state, county or any Metropolitan Authority under provisions of law.

The Council may not create any board or commission other than those provided for in this Charter, to administer any activity, department or agency of the city government except:

(a)

A municipal hospital service;

(b)

Recreation; or

(c)

Any activity which by statute is required to be so administered.

The Council may; however, establish:

(a)

Quasi-judicial appeal boards, and

(b)

Boards or commissions to serve solely in any advisory capacity.

The residents of the city having the qualifications of electors in the State of Michigan shall be eligible to vote upon being duly registered by the city.

The election of all city officers shall be on a nonpartisan basis. The general election statutes shall apply to and control, as near as may be, all procedures relating to registration and city elections except as such statutes relate to political parties or partisan procedure.

The City of Madison Heights originally shall consist of one ward and seven (7) voting precincts. The Council may from time to time establish by ordinance convenient election precincts.

Beginning with the year 1961 a regular city election shall be held on the first Monday in April, and every two (2) years thereafter, but if some other date in the months of March, April or May is fixed by law for the holding of the biennial spring election, then the regular city election shall be held on the date so fixed.

(Amended November 4, 1958; Amended June 25, 2018)

Note— The Charter language establishing an April regular municipal election date, is superseded by Michigan Election Law, MCL 168.642, which establishes that a city shall hold its regular election for a city office at the November regular election date in an odd numbered year.

The elective officers of the city shall be a mayor, six (6) councilmen, a municipal judge, an associate municipal judge, three (3) members of a board of review and two (2) constables, all of whom shall be nominated and elected from the city at large.

At the election to be held on the first Monday in April, 1960, there shall be elected a Mayor for a term of one year, six (6) councilmen, three (3) for a term of one year and three (3) for a term of three (3) years, a municipal judge and an associate municipal judge, each for a term of three (3) years, three (3) members of a board of review for a one year term and two (2) constables for a one year term. At this election the three (3) candidates for council receiving the highest vote shall be elected for three (3) year terms and the next three (3) candidates for council receiving the next highest number of votes shall be elected for a one year term.

At the election to be held on the first Monday in April, 1961, and each two (2) years thereafter, there shall be elected a Mayor for a term of two (2) years, three (3) councilmen for a term of four (4) years, three (3) members of a board of review for a term of two (2) years and two (2) constables for a term of two (2) years. Commencing with the regular election held during the year of 1967 and every four (4) years thereafter, there shall be elected two (2) constables for a term of four (4) years. At the 1963 regular election and each four (4) years thereafter, there shall be elected one municipal judge and one associate municipal judge, each for a four (4) year term.

The terms of office of each elective officer shall commence at 8:00 p.m. on the Monday next following the regular city election at which they shall have been elected.

(Amended April 3, 1967)

Editor's note— The municipal court was abolished by MSA 27A.9921. Constables are no longer retained.

Special city elections shall be held when called by resolution of the Council at least forty (40) days in advance of such election, or when required by this Charter or statute. Any resolution calling a special election shall set forth the purpose of such election. No more special city elections shall be called in any one year than the number permitted by statute.

Notice of the time and place of holding any city election and of the officers to be elected and any questions to be voted upon shall, except as herein otherwise provided, be given by the Clerk in the same manner and at the same time as provided by statute for the giving of election notices by City Clerks.

The polls of the elections shall be opened and closed at the time prescribed by statute for the opening and closing of polls at state elections.

Nomination of Candidates, Petitions Required, Regulations, Section of Candidates:

Candidates for all offices to be voted for, at any Regular or Special Municipal Election under the provisions of this Charter, shall be nominated by filing petitions with the City Clerk at least ninety (90) days prior to such Regular Municipal Election or at least thirty (30) days prior to such Special Municipal Election. Such petitions for both Regular or Special Municipal Elections shall be signed by not less than seventy five (75) or more than one hundred fifty (150) registered electors of the City. No person shall sign his or her name to a greater number of petitions for any office than there are persons to be elected to said office at the City Regular or Special Elections.

(Amended August 8, 2000; Amended June 25, 2018)

Editor's note— An amendment dated Aug. 8, 2000, amended former § 4.9 in its entirety. Section 4.9 pertained to primary elections and was derived from an amendment dated Sept. 12, 1961.

Note— The Charter language pertaining to filing nominating petitions for the regular municipal election, is superseded by Michigan Election Law, MCL 168.644e. The candidate filing deadline or certification deadline is 4:00 p.m. on the fifteenth Tuesday before the odd year general election.

The Council shall approve a form of nominating petition with spaces thereon for address and date of signing for each signer, an affidavit form for the circulator to sign affirming that he and the petitioners are registered electors, and a summary of the qualifications required of candidates and the regulations governing the petition. A supply of official petition forms shall be provided and maintained by the clerk.

The Clerk shall accept only nomination petitions which conform with the forms provided and maintained by him, and which, considered together, contain the required number of valid signatures for candidates having those qualifications required for the respective elective city offices by this Charter.

The Clerk shall, forthwith after the filing of a petition, notify in writing any candidate whose petition is then known not to meet the requirements of this Charter and of law, but the failure to so notify any candidate shall in no way prevent a final determination that the petition does not meet such requirements. Within three (3) days after the last date for filing petitions, the Clerk shall make his final determination as to the validity and sufficiency of each nomination petition and whether or not the candidate has the qualifications required for his respective elective city office by this Charter and shall write his determination thereof on the face of the petition.

The Clerk shall immediately notify in writing the candidate whose name appears thereon of his determination. Such notice to any candidate whose petition is found invalid or insufficient or who is found not to be qualified shall be delivered by personal messenger if possible. Any candidate whose petition is so found invalid or insufficient shall be allowed to file supplementary or replacement petitions before 5:00 p.m. at the then prevailing local time on the seventh day after the last date for filing original petitions; thereafter no further petitions may be filed.

All nomination petitions filed shall be open to public inspection in the office of the Clerk.

An Election Commission is hereby created, consisting of the City Clerk, the City Attorney and one member of the City Council. The member of the City Council shall be appointed by a majority vote of the members of the Council on or before May first of each year and shall serve for a term of one year, provided that any member of the City Council who is a candidate for any elective office shall not be eligible for membership on the Election Commission. The Election Commission shall appoint a Board of Election inspectors for each precinct, and shall have charge of all matters relating to the elections and duties required by statute or this Charter relating to the conduct of all election personnel [which] shall be determined in advance by the City Council. In cases where any election procedure is in doubt, the Election Commission shall prescribe the procedure to be followed.

(Amended November 3, 1964)

The form, printing and numbering of ballots or the preparation of any voting machines used in any city election shall conform as nearly as may be to the provisions of statute, except that no party designation or emblem shall appear. In all city elections, the names of qualified candidates or nominees for each office shall be listed under a separate heading and shall be rotated systematically in the manner prescribed by statute for rotation of names.

The Clerk, City Manager and the Attorney shall be the board of canvassers to canvass the votes at all city elections. The board of canvassers shall convene on the day following each city election at the usual time and place of meeting of the Council and determine the results of the city election upon each question and proposition voted upon and which persons are duly elected to the several offices respectively at said election, and shall notify in writing the successful candidates of their election. The Clerk shall make under the corporate seal of the city, duplicate certificates of the determinations of the board and shall file one certificate with the County Clerk and the other in his own office.

Editor's note— The appointment, qualifications, selection, duties, etc., of city board of canvassers are prescribed by state statute, MSA 6.1030(1) et seq., any Charter provision notwithstanding.

If, at any city election, there shall be no choice between the candidates by reason of two (2) or more persons having received an equal number of votes, then the Council shall name a date for the appearance of such persons for the purpose of determining the election of such candidates by lot as provided by statute.

A recount of the votes cast at any city election for any office or upon any proposition may be had in accordance with election statutes. Unless otherwise required by statute:

(a)

The petition for a recount of the votes cast at any city election shall be filed with the Clerk by 5:00 p.m. on the second full day on which the Clerk's office is open for business after the board of canvassers has made its official report of the result of the election at which such votes were cast;

(b)

Any counter petition shall be filed by 5:00 p.m. of the next full day thereafter on which the Clerk's office is open for business; and

(c)

No officer shall be qualified to take office until final determination of any recount of the votes cast for such office.

Editor's note— This section is superseded by MSA 6.1866 et seq.

Any elected official may be recalled from office by the electors of the city in the manner provided by statute. A vacancy created by such recall shall be filed in the manner prescribed by this Charter and by statute.

State Law reference— See Mich. Const. 1963, Art. II, § 8.

Unless otherwise provided in this Charter, the terms of office of any elected official shall commence at 8:00 p.m. on the Monday next following the city election at which they are elected.

No person shall hold any elective office of the city unless he has been a resident of the territory incorporated as the city for at least two (2) years immediately prior to the last day for filing nominating petitions for such office or prior to the time of his appointment to fill a vacancy.

All officers of the city shall be United States citizens.

No person shall hold any elective office unless he is a qualified and registered elector of the city on such last day for filing or at such time of appointment and throughout his tenure of office.

The municipal judge and associate municipal judge shall, in addition, have the qualifications of that office prescribed in Chapter 16 of this Charter.

No elected officer may be appointed to an administrative position or be employed by the city during the term of office for which he was elected.

Each member of a board or commission shall be a qualified and registered elector of the City of Madison Heights at the time of his appointment and throughout his tenure of office, except that the City Attorney does not have to be a resident of the city during his term of office.

No person shall be eligible for any elective or appointive city office who is in default to the city. The holding of office by any person who is in such default shall create a vacancy unless such default shall be eliminated within thirty (30) days after written notice thereof by the Council, or unless such person shall in good faith be contesting the liability for such default.

No person, eligible to become a candidate for or hold the office mayor or council member of the City of Madison Heights, shall be required to resign their non-city elective office or city elective office, prior to their election as mayor or city council member. Non-city elective office shall be deemed to mean any municipal, township, county or state office. City elective office shall be deemed to mean mayor or council member of the city. When a person files their nominating petitions for mayor or city council, they shall also file a signed affidavit with the city clerk's office, in conformity with state law. A person, who wins election as mayor or city council member, shall resign their non-city elective office or prior city elective office.

No person shall be a candidate for any primary or city election for more than one elective office.

(Amended September 12, 1961; Election of November 7, 2023)

Editor's note— Municipal courts were abolished by MSA 27A.9921.

Any elective city office shall be declared vacant by the Council upon the occurrence of any of the following events before the expiration of the term of such office:

(a)

For any reason specified by statute or by this Charter as creating a vacancy in office;

(b)

If no person is elected to, or qualified for, the office at the election at which such office is to be filled;

(c)

If the officer shall be found guilty by a competent court of the State of Michigan of any act constituting misconduct in office under the provisions of this Charter;

(d)

If the officer shall absent himself continuously from the city for more than thirty (30) consecutive days in any one year without the permission of the Council;

(e)

In the case of any members of the Council, if such officer shall miss three (3) consecutive regular meetings of the Council or five (5) such meetings in any fiscal year of the city, unless such absence shall be excused by the Council and the reason therefor entered in the proceedings of the Council at the time of each absence;

(f)

If the officer is removed from office by the Council in accordance with the provisions of Section 5.4;

(g)

If the officer ceases to be a registered elector in, or a bona fide resident of the city.

The office of any member of any board or commission created by, or pursuant to, this Charter shall be declared vacant by the Council:

(a)

For any reason specified by statute or by this Charter as creating a vacancy in office;

(b)

If the officer shall be found guilty by a competent tribunal of any act constituting misconduct in office under the provisions of this Charter;

(c)

If such officer shall miss three (3) consecutive regular meetings of such board or commission, or five (5) meetings in any fiscal year of the city, unless such absences shall be excused by such board or commission and the reason therefor entered in the proceedings of such board or commission at the time of each absence;

(d)

If the officer is removed from office by the Council in accordance with the provisions of Section 5.4.

Removals by the Council of elective officers or of members of boards or commissions shall be made for either of the following reasons:

(a)

For any reason specified by statute for removal of city officers by the Governor;

(b)

For any act declared by this Charter to constitute misconduct in office.

Such removals by the Council shall be made only after hearing of which such officer has been given notice by the Clerk at least ten (10) days in advance, either personally or by delivering the same at his last known place of residence. Such notice shall include a copy of the charges against such officer. The hearing shall afford an opportunity to the officer, in person or by attorney, to be heard in his defense, to cross-examine witnesses and to present testimony. If such officer shall neglect to appear at such hearing and answer such charges, his failure to do so may be deemed cause for his removal. A majority vote of the members of the Council in office at the time, exclusive of any member whose removal may be considered, shall be required for any such removal.

Resignations of a Council member, Mayor or a member of a board and commission shall be made in writing and filed with the Clerk. Upon receipt of a resignation, the Clerk shall notify the City Manager. The acceptance or rejection of such resignation of a Council member or Mayor shall be made by the City Council at their next meeting. The acceptance or rejection of such resignation of a member of a board and commission shall be made administratively.

(Election of November 7, 2023)

Vacancies in appointive offices shall be filled in the manner provided for making the original appointment. In the case of members of boards and commissions appointed for a definite term, such appointments shall be for the unexpired term.

(a)

Any vacancy which occurs in the office of Mayor shall be filled by appointment of the Mayor Pro Tem. Such appointment shall be made by Council at the next regular meeting of Council. The vacancy created in the office of Mayor Pro Tem, resulting from such appointment, shall be filled by Council designating the City Council member, receiving the second highest number of votes at the last regular city election, as Mayor Pro Tem. Such appointment shall be made by Council at the next regular meeting of Council, following the appointment of the Mayor. The appointed Mayor and Mayor Pro Tem shall serve in that capacity until the next regular city election. Any vacancy which occurs in the office of Council Member shall be filled by the Council at the next regular meeting of the Council after the vacancy occurs, from the unsuccessful candidates for Council at the last preceding regular City election who were nominated and obtained the next highest vote therefore. Such appointment shall be until the next succeeding regular City election, at which time such vacancy shall be provided in Chapter 4 of this Charter for any balance of the unexpired original term. In the event there are no unsuccessful candidates for Council at the last preceding regular City election who were nominated and obtained the next highest vote therefore, Council shall by majority vote appoint a City resident to fill said vacancy. Such appointment shall be made on or before sixty (60) days after the vacancy occurs and shall be until the next succeeding regular City election, at which time such vacancy shall be filled as provided in Chapter 4 of this Charter for any balance of the unexpired original term. The appointee shall be subject to the eligibility requirements for Council contained in the Charter, as amended by applicable State law.

(b)

If more than three (3) vacancies exist simultaneously in the office of Council Member, such vacancies shall be filled for the respective unexpired term at a special election. In connection with any special election to fill a vacancy or vacancies in any elective office, the names of all qualified candidates who file sufficient valid nominating petitions thirty (30) days before such special election shall be certified to the Election Commission and placed on the ballot. All other provisions of this Charter not inconsistent with this section shall govern.

(c)

The provisions of this Section 5.7 shall not apply to the filling of vacancies resulting from recall.

(Amended September 12, 1961; Amended November 6, 1985; Election of November 2, 2004; Election of November 7, 2023)

(a)

Vacancies in the office of Municipal Judge occurring sixty (60) days or more before any regular city election, shall be filled by appointment by a majority vote of the members of the Council then in office for a term expiring on the Monday following the next regular city election. At such election such vacancy shall be filled for the unexpired term of office through the regular election procedure as provided in Chapter 4 generally, and more particularly Sections 4.11 and 4.12 thereof, and the Judge so elected shall take office on the Monday following such election.

(b)

Vacancies in the office of Municipal Judge occurring less than sixty (60) days before any regular city election shall be filled by appointment by a majority vote of the members of the Council then in office for a term expiring on the Monday following the regular city election in the next succeeding year. At such elections such vacancy shall be filled for the unexpired term of office through the regular election procedure as provided in Chapter 4 generally and more particularly Sections 4.11 and 4.12 thereof, and the Judge so elected shall take office on the Monday following such election.

(c)

The provisions of this section shall not apply to the filling of vacancies resulting from recall.

Except by procedures provided in this Charter the terms of office of the elective officers and of members of boards and commissions appointed for definite terms shall not be shortened. The terms of elective officers of the city shall not be extended beyond the period for which any such officer was elected except that an elective officer shall, after his term has expired, continue to hold office until his successor is elected and has qualified. The Council shall not grant or authorize extra compensation to any officer or employee after the service has been rendered. The salary of any elective officer shall not be increased or decreased from time of his election until the end of the term of office for which he was elected.

Every officer, elected or appointed, before entering upon the duties of his office, shall take the oath of office prescribed by Section 2 of Article XVI of the Constitution of the State and shall file the same with the Clerk, together with any bond required by statute, this Charter, or by the Council. In case of failure to comply with the provisions of this section within ten (10) days from the date of his election or appointment, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the Council shall, by resolution, extend the time in which such officer may qualify as above set forth.

Except as otherwise provided in this Charter, all officers of the city whose duties involve the custody of public property or the handling of public funds, either by way of receipt or disbursement or both, and all other officers and employees so required by the Council shall, before they enter upon the duties of their respective offices, file with the city an official bond, in such form and amount as the Council shall direct and approve. Such official bond of every officer and employee shall be conditioned that he will faithfully perform the duties of his office, and will on demand deliver over to his successor in office, or other proper officer or an agent of the city, all books, papers, moneys, effects and property belonging thereto, or appertaining to his office, which may be in his custody as an officer or employee; and such bonds may be further conditioned that he will, on demand, pay over or account for to the city, or any proper officer or representative thereof, all monies received by him as such officer or employee. The requirements of this paragraph may be met by the purchase of one or more appropriate blanket surety bonds covering all, or a group of city employees and officers.

All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the city. The Clerk shall be custodian of all the bonds of all officers and employees, except that the Treasurer shall be custodian of any bonds pertaining solely to the Clerk.

Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, he shall within five (5) days, or sooner on demand, deliver to his successor in office or to his superior all the books, papers, monies and effects in his custody as such officer or employee. Any officer violating this provision may be proceeded against in the same manner as public officers generally for a like offense under statute.

(a)

Except as permitted by this section, no contract or purchase involving an amount in excess of one hundred dollars ($100.00) shall be made by the city in which any elective or appointive officer or any member of his family has any pecuniary interest, direct or indirect. A "contract" shall, for the purposes of this section, include any arrangement or agreement pursuant to which any material, service or other thing of value is to be furnished to the city for a valuable consideration to be paid by the city or sold or transferred by the city, except the furnishing of personal services as an officer or employee of the city; and the term "member of his family" shall mean spouse, children and the spouse of any of them.

(b)

A contract in which an officer or member of his family has a pecuniary interest may be made by the city if the members of the Council in office at the time having no such interest, shall unanimously determine that the best interests of the city will be served by the making of such contract or if such contract is made after comparative prices are obtained. Any Council member may evidence his participation in either determination required by this paragraph by vote at a Council meeting or by written instrument filed with the Clerk.

(c)

Any officer who knowingly permits the city to enter into any contract in which he has a pecuniary interest without disclosing such interest to the Council, prior to the action of the Council in authorizing such contract, shall be guilty of misconduct in office. Except in the instances specified in paragraph (b) of this section, the unanimous determination (by vote or written instrument) of all members of the Council that in a particular case an officer or member of his family will not have a pecuniary interest in any contract or purchase to be entered into by the city shall be final and conclusive in the absence of fraud or misrepresentation; and final and conclusive in like case as to those who sell services or goods to the city.

(d)

No officer shall stand as surety on any bond to the city or give any bail for any other person which may be required by the Charter or any ordinance of the city. Any officer of the city who violates the provisions of this paragraph shall be guilty of misconduct in office.

(a)

The compensation of all employees and officers of the city whose compensation is not provided for herein shall be fixed by the appointing officer or body within the limits of budget appropriations and in accordance with any pay plan adopted by the Council.

(b)

The respective salaries and compensation of officers and employees as fixed by, or pursuant to, this Charter shall be in full for all official services of such officers or employees and shall be in lieu of all fees, commissions and other compensation receivable by such officers or employees for their services.

Such fees, commissions and compensation shall belong to the city and shall be collected and accounted for by such officers or employees, and be paid into the city treasury and a statement thereof filed periodically with the City Manager. The provisions of paragraph (b) of this section shall not apply to any fees, commissions or other compensation paid by the County of Oakland to any officer or employee serving as a city representative on the Board of Supervisors; nor to any compensation paid a representative of the city by any Metropolitan District authority or board for service thereon.

(c)

Nothing contained in this section shall prohibit the payment of necessary bona fide expenses incurred in service in behalf of the city when authorized by the Council.

Editor's note— See editor's note following section 3.1.

The Council may make available a recognized standard plan of group life, hospital, health or accident insurance to such officers and employees.

The following relatives and their spouses of any elective official or his spouse are disqualified from holding any appointive office or employment during the term of which said elective official was elected: Child, grandchild, parent, grandparent, brother, sister, half-brother and half-sister. All relationships shall include those arising from adoption. This section shall in no way disqualify such relatives or their spouses who are bona fide appointive officers or employees of the city at the time of the election of said elective official.

Editor's note— The Charter amendment passed Nov. 6, 1985, deleted §§ 5.17 and 5.17(1), which formerly pertained to the merit system and its scope, and which derived from (presumably) the original Charter, adopted Dec. 6, 1955, and from an amendment of Feb. 16, 1960.

Note— See the editor's note to § 5.17.

All appointive permanent employees of the City of Madison Heights, except those specifically exempted by this Charter, shall be chosen from persons residing within the City of Madison Heights. Provided, however, that in the event a vacancy occurs in any position, or a new position is created, and a person qualifying for such vacancy or new position cannot be obtained among the residents of the City of Madison Heights, then in that event, the appointing authority may within its or his discretion waive the residence qualification. Provided further however, that if in the event a vacancy exists, or a new position is established for employment in the City of Madison Heights, notice thereof shall be published in a newspaper circulated within the City of Madison Heights, at least two (2) weeks prior to the filling of said position on a permanent basis. Provided further, that all employees of the Township of Royal Oak who continue their employment with the City of Madison Heights upon its organization shall be specifically exempt from the residence provision set forth in this section.

For the purpose of adopting a retirement system for all of the employees and administrative officers of the City of Madison Heights, Act 135 of the Public Acts of 1945, as amended is hereby adopted and incorporated herein by reference.

The council shall provide by resolution for the time and place of twenty-three (23) regular meetings per calendar year and shall hold at least one (1) regular meeting each month. An organizational meeting shall be held on the Monday following each regular city election. Nothing herein prohibits or prevents the calling of a special meeting pursuant to the terms of Chapter 6, Section 6.2 of this Charter.

(Amended November 6, 2001; Election of November 7, 2023)

Special meetings shall be called by the Clerk on the written request of the Mayor, City Manager, or any two (2) members of the Council on at least twenty-four (24) hours written notice to each member of the Council, served personally, or left at his usual place of residence, and posted in the City Hall in a prominent place, but a special meeting may be held on shorter notice if all members of the Council are present or have waived notice thereof in writing.

No business shall be transacted at any special meeting of the Council unless the same has been stated in the notice of such meeting.

All regular and special meetings of the Council shall be open to the public and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the Council may prescribe.

A majority of the members of the Council in office at the time shall be a quorum for the transaction of business at all Council meetings, but in the absence of a quorum a lesser number may adjourn any meeting to a later time or date and in absence of all members the Clerk may adjourn any meeting for not longer than one week.

Any two (2) or more members of the Council may by vote either request or compel the attendance of its members and other officers of the city at any meeting of the Council. Any member of the Council or other officer who when notified of such request for his attendance fails to attend such meeting for reasons other than confining illness or absence from Oakland County shall be deemed guilty of misconduct in office unless excused by the Council. The presiding officer shall enforce orderly conduct at meetings and any member of the Council or other officer who shall fail to conduct himself in an orderly manner at any meeting shall be deemed guilty of misconduct in office.

Any police officer designated by the presiding officer of the meeting shall serve as the Sergeant-at-Arms of the Council in the enforcement of the provisions of this section.

The Council shall determine its own organization, rules and order of business subject to the following provisions:

(a)

A journal of the proceedings of each meeting shall be kept in the English language by the Clerk and shall be signed by the presiding officer and clerk of the meeting.

(b)

A vote upon all ordinances and resolutions shall be taken by "yes" and "no" vote and entered upon the records.

(c)

No member of the Council shall vote on any question in which he has a financial interest, other than the common public interest, or on any question concerning his own conduct, but on all other questions each member who is present shall vote when his name is called unless excused by the unanimous consent of the remaining members present. Any member refusing to vote except when not so required by this paragraph shall be guilty of misconduct in office.

(d)

In all roll call votes the names of the members of the Council shall be called in alphabetical order and the name to be called first shall be advanced one position alphabetically in each successive roll call vote.

(e)

The proceedings of the Council, or a brief summary thereof, shall be, within three (3) days following each meeting, prepared by the Clerk, and posted in the City Hall in a prominent place until the next regular meeting.

(f)

There shall be no standing committees of the Council.

State Law reference— Mandatory that Charter provide for the keeping of a journal of every session, MSA 5.2073.

The Council or any person or committee authorized by it for the purpose, shall have power to inquire into the conduct of any department, office or officer and to make investigations as to matters thereto pertaining in which the municipality has an interest. The Council for the purposes stated herein, may summon witnesses, administer oaths and compel the attendance of witnesses and the production of books, papers and other evidence.

Failure on the part of any officer to obey such summons or to produce books, papers and other evidence as ordered under the provisions of this section shall constitute misconduct in office. Failure on the part of any employee or other person to obey such summons or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a violation of this Charter and such person when found guilty of such violation by a competent tribunal may be punished by a fine of not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days or both, in the discretion of the court.

It is provided further that, in case of failure on the part of any person to obey such summons or to produce such books, papers and other evidence as so ordered, the Council may invoke the aid of the Circuit Court of Oakland County in requiring obeyance of such summons or production of such books, papers and other evidence.

The Council shall see that provision is made for the public peace and health and for the safety of persons and property. The Council shall constitute the Board of Health of the city, and it and its officers shall possess all powers, privileges and immunities granted to boards of health by statute.

State Law reference— Mandatory that Charter provide for public peace, health and safety of persons and property, MSA 5.2073.

The Council shall have the power and authority by ordinance to make all necessary and proper rules for the regulation and conduct of the municipal court, which rules shall not be inconsistent with the provisions of this Charter and the general laws of the state. Willful violation of any of these rules on the part of any elective official, administrative officer or employee of the city shall constitute misconduct in office.

Editor's note— The municipal court has been abolished by MSA 27A.9921.

The valid provisions of all by-laws, ordinances, resolutions, rules and regulations of the Township of Royal Oak which are not inconsistent with this Charter and which are in force and effect and lawfully applicable to the City of Madison Heights, at the time of the effective date of this Charter, shall continue in full force and effect and be administered by and for the city until and unless repealed or amended under provisions hereof or rendered invalid by law; provided, however, that, if any such by-law, ordinance, resolution, rule or regulation provides for the appointment by the township board or supervisor of any officer or member of a board or commission, future appointments of such persons shall be made by the Council. Fees originally payable to the township under such provisions as to said territory hereafter shall be paid to the city.

Those provisions of any such by-law, ordinance, resolution, rule or regulation which are inconsistent with this Charter, are hereby repealed as to their application to such territory.

Any reference in any such by-law, ordinance, resolution, rule or regulation to a board or commission shall be construed to refer instead to the Council.

All official action of the Council shall be by ordinance, resolution, motion or order. All acts of the Council carrying a penalty for the violation thereof shall be by ordinance. Each ordinance shall be identified by a short title and by a number and by a code section number if and when the codification of ordinances is completed.

Each proposed ordinance shall be introduced in written or printed form. The style of all ordinances shall be: "The City of Madison Heights ordains:"

State Law reference— Style of ordinances, MSA 5.1717.

Subject to the statutes and to the exceptions which follow hereafter:

(a)

Ordinances may be enacted by the affirmative vote of not less than a majority of the members elect of the Council;

(b)

No ordinance shall be amended or repealed except by an ordinance adopted as aforesaid;

(c)

No ordinance shall be enacted at the meeting at which it is introduced nor until after publication of the proceedings or summary thereof of such meeting (which proceedings or summary shall include a statement of its title and purpose); and

(d)

The effective date of all ordinances shall be prescribed therein but the effective date shall not be earlier than ten (10) days after enactment nor before publication thereof.

It is provided, however, that an ordinance which is declared therein to be an emergency ordinance which is immediately necessary for the preservation of the public peace, health or safety may be enacted at the meeting at which it is introduced or before publication of the proceedings of the meeting at which it is introduced, or may be given earlier effect than ten (10) days after its enactment, or all three (3), by five (5) affirmative votes if five (5) or more members of the Council are present at the meeting at which it is enacted or by four (4) affirmative votes if four (4) members of the Council are present at the meeting at which it is enacted.

In case an ordinance is given effect earlier than ten (10) days after its enactment, the requirements for publication before such ordinance becomes operative may be met by posting copies thereof in conspicuous locations in three (3) public places in the city, provisions of this Charter notwithstanding; the Clerk shall, immediately after such posting, enter in the Ordinance Book under the record of the ordinance a certificate under his hand stating the time and place of such publication by posting of the ordinance, the failure to so record and authenticate such ordinance shall not invalidate it or suspend its operation. Such ordinance shall also be published in accordance with Section 7.4 but not as a requirement for the effectiveness thereof.

No ordinance granting any public utility franchise shall be enacted except in accordance with the provisions of Section 14.2.

No ordinance shall be amended by reference to its title only, but the resided [rescinded] sections of the ordinance as amended, shall be reenacted and published in full. However, an ordinance or section thereof may be repealed by reference to its title and ordinance or code number only.

State Law reference— Mandatory that Charter provide for adopting, continuing, amending, repealing and publication of ordinances, MSA 5.2073; publication of ordinances, MSA 27.875.

Each ordinance shall be published within ten (10) days after its enactment in one of the following two (2) methods:

(a)

The full text thereof may be published in a newspaper as defined in Section 17.4, either separately[;] or

[(b)]

[A]s part of the published Council proceedings or summary thereof, including with such newspaper publication a notice that printed copies of the full text of the ordinance are available for inspection by and distribution to the public at the office of the Clerk; if method (a) is used, then printed copies shall promptly be so made available as stated in such notice.

All ordinances shall be recorded by the Clerk in a book to be called "The Ordinance Book," and it shall be the duty of the Mayor and the Clerk to authenticate such records by their official signatures thereon, but the failure to so record and authenticate any such ordinance shall not invalidate it or suspend its operation.

State Law reference— Recordation, MSA 5.1721; publication required, MSA 5.2073.

Any ordinance may provide for the punishment of those who violate its provisions. The punishment for the violation of any ordinance shall not exceed a fine of five hundred dollars ($500.00) or imprisonment for ninety (90) days, or both, in the discretion of the court.

State Law reference— Restriction on fines and imprisonment, MSA 5.2082.

(a)

Action to vacate, discontinue or abolish any highway, street, lane, alley or other public place, or part thereof, shall be subject to the provisions of statute and shall be by resolution. After the introduction of such resolution and before its final adoption, the Council shall hold a public hearing thereon and shall post or publish notices of such hearing at least one week prior thereto.

(b)

The following actions shall require the affirmative vote of five (5) members of the Council for the effectiveness thereof:

(1)

Vacating, discontinuing or abolishing any highway, street, lane, alley or other public place or part thereof;

(2)

Purchasing, selling or leasing of any real estate or interest therein;

(3)

Authorizing the condemning of private property for public use;

(4)

Creating or abolishing any office;

(5)

Appropriating any money;

(6)

Imposing any tax or assessment;

(7)

Reconsidering or rescinding any vote of the Council.

(c)

The Council shall not have power to engage in any business enterprise requiring an investment of money in excess of the amount permitted to be so invested by statute unless approved by a three-fifths vote of the electors voting thereon at any general or special election.

Where permitted by the Home Rule Act, the Council may adopt in whole or in part any provisions of state law or any detailed technical regulations as a city ordinance or code by citation of such provision of state law or by reference to any recognized standard code, official or unofficial, provided that any such provision of state law or recognized official or unofficial standard code shall be clearly identified in the ordinance adopting the same as an ordinance of the city; and where such code, or amendment thereto, is so adopted, all requirements for its publication may be met, other provisions of this Charter notwithstanding, by:

(1)

Publishing the ordinance citing such code in the manner provided for the publication of other ordinances; and

(2)

By making available to the public copies of the code cited therein in book or booklet form at a reasonable charge.

State Law reference— Specific authority to adopt provisions of state law or technical codes by reference, MSA 5.2073.

Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portion or applications of the ordinance which can be given effect without the invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperable, and to this end ordinances are declared to be severable.

Within two (2) years after the effective date of this Charter, and in the discretion of the Council thereafter, the Council shall direct the compilation or codification and printing in looseleaf or pamphlet form of all ordinances of the city then in force. Such compilation or codification shall be completed within one year thereafter. All requirements for publication of such compilation or codification, and of the ordinances contained therein, other provisions of this Charter notwithstanding, may be met by making copies thereof available for inspection by, and distribution to, the public at a reasonable charge and by publishing notice of the printing and availability thereof.

State Law reference— Specific authority to codify ordinances, MSA 5.2084(2).

An ordinance may be initiated by petition, or a referendum on an enacted ordinance may be had by petition, as hereinafter provided.

State Law reference— Authority for Charter to provide for initiative and referendum relative to all matters within the scope of its powers, MSA 5.2082.

An initiatory or a referendary petition shall be signed by not less than ten (10) per cent of the registered electors of the city, as of the date of the last regular city election, and all signatures on said petition shall be obtained within twenty-one (21) days before the date of filing the petition with the Clerk. Any such petition shall be addressed to the Council and may be the aggregate of two (2) or more petition papers identical as to contents and simultaneously filed by one person. An initiatory petition shall set forth in full the ordinance it proposes to initiate, and no petition shall propose to initiate more than one ordinance. A referendary petition shall identify the ordinance or part thereof, and code sections it proposes to have repealed.

Each signer of a petition shall sign his name, and shall place thereon, after his name, the date and his place of residence by street and number, or by other customary designation. To each petition paper there shall be attached a sworn affidavit by the circulator thereof, stating the number of signers thereof and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant. Such petition shall be filed with the Clerk who shall within fifteen (15) days, canvass the signatures thereon. If the petition does not contain a sufficient number of signatures of registered electors of the city, the Clerk shall notify forthwith by registered mail the person filing such petition and fifteen (15) days from such notification shall be allowed for the filing of supplemental petition papers. When a petition with sufficient signatures is filed within the time allowed by this section, the Clerk shall present the petition to the Council at its next regular meeting.

Upon the presentation to the Council of an initiatory or referendary petition by the Clerk, the Council shall, within thirty (30) days, unless otherwise provided by statute, either:

(a)

Adopt the ordinance as submitted by an initiatory petition;

(b)

Repeal the ordinance, or part thereof, referred to by a referendary petition; or

(c)

Determine to submit the proposal provided for in the petition to the electors.

Should the Council decide to submit the proposal to the electors, it shall be submitted at the next election held in the city for any other purpose, or, in the discretion of the Council at a special election called for that specific purpose; but no election on an initiative or a referendum petition shall be held sooner than fifty (50) days after the Council determines to submit it. In the case of an initiatory petition, if no election is to be held in the city for any other purpose within one hundred fifty (150) days from the time the petition is presented to the Council and the Council does not enact the ordinance, then the Council shall call a special election within sixty (60) days from such date of presentation for the submission of the initiative proposal. The result of all elections held under the provisions of this section shall be determined by a majority vote of the electors voting thereon, except in cases where otherwise required by statute or the Constitution.

The presentation to the Council by the Clerk of a valid and sufficient referendary petition shall automatically suspend the operation of the ordinance in question pending repeal by the Council or final determination by the electors; but there shall be no suspension pending a repeal if the ordinance has been in force more than six (6) months.

An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed for a period of six (6) months after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be reenacted for a period of six (6) months after the date of the election at which it was repealed; provided, however, that any ordinance may be adopted, amended or repealed at any time by appropriate referendum or initiatory procedure in accordance with the foregoing provisions of this chapter or if submitted to the electorate by the Council on its own motion.

If two (2) or more ordinances adopted at the same election shall have conflicting provisions, the provisions in the ordinances receiving the highest number of affirmative votes shall govern.

The fiscal year of the city and all its agencies shall begin on the first day of July of each year and end on the thirtieth day of June of the following year.

The City Manager shall prepare and submit to the Council on the third Monday in April of each year a recommended budget covering the next fiscal year, and shall include therein at least the following information:

(a)

Detailed estimates with his supporting explanations of all proposed expenditures for each department, office and agency of the city, and for the court, showing the expenditures for corresponding items for the last preceding fiscal year in full, and for the current fiscal year to March first and estimated expenditures for the balance of the current fiscal year;

(b)

Statements of the bonded and other indebtedness of the city, if any, showing the debt redemption and interest requirements, the debt authorized and unissued, and the condition of sinking funds, if any;

(c)

Detailed estimates of all anticipated revenues of the city from sources other than taxes with a comparative statement of the amounts received by the city from each of the same or similar sources for the last preceding fiscal year in full, and for the current fiscal year to March first, and estimated revenues for the balance of the current fiscal year;

(d)

A statement of the estimated balance or deficit for the end of the current fiscal year;

(e)

An estimate of the amount of money to be raised from current and delinquent taxes and the amount to be raised from bond issues which, together with any available unappropriated surplus and any revenues from other sources, will be necessary to meet the proposed expenditure;

(f)

Such other supporting information as the Council may request.

State Law reference— Mandatory that Charter provide for an annual appropriation for municipal purposes, MSA 5.2073.

A public hearing on the proposed budget shall be held before its final adoption at such time and place as the Council shall direct. Notice of such public hearing, a summary of the proposed budget and notice that the proposed budget is on file in the office of the Clerk shall be published at least one week in advance of the hearing. The complete proposed budget shall be on file for public inspection during office hours at such office for a period of not less than one week prior to such hearing.

Not later than the third Monday in May in each year, the Council shall by resolution adopt a budget for the next fiscal year, shall appropriate the money needed for municipal purposes during the next fiscal year of the city and shall provide for a levy of the amount necessary to be raised by taxes upon real and personal property for municipal purposes subject to the limitations contained in Section 9.1. Copies of the budget shall be made available to the public at cost of printing or mimeographing.

Except for purposes which are to be financed by the issuance of bonds or by special assessment, or for other purposes not chargeable to a budget appropriation, no money shall be drawn from the treasury of the city except in accordance with an appropriation thereof for such specific purpose, nor shall any obligation for the expenditure of money be incurred without an appropriation covering all payments which will be due under such obligation in the current fiscal year. The Council by resolution may transfer any unencumbered appropriation balance, or any portion thereof from one account, department, fund or agency to another.

The Council may make additional appropriations during the fiscal year for unanticipated expenditures required of the city, but such additional appropriations shall not exceed the amount by which actual and anticipated revenues of the year are exceeding the revenue as estimated in the budget unless the appropriations are necessary to relieve an emergency endangering the public health, peace and safety.

Except in those cases where there is no other logical account to which an expenditure can be charged, expenditures shall not be charged directly to the contingency fund (or other similar fund). Instead, the necessary part of the appropriation for the contingency fund (or other similar fund) shall be transferred to the logical account and the expenditure then charged to such account.

At the beginning of each quarterly period during the fiscal year, and more often if required by the Council, the City Manager shall submit to the Council data showing the relation between the estimated and actual revenues and expenditures to date; and if it shall appear that the revenues are less than anticipated, the Council shall reduce appropriations, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the revenues.

The balance in any budget appropriation which has not been encumbered at the end of the fiscal year shall revert to the general fund.

The Council shall designate depositories for city funds and shall provide for the regular deposit of all city moneys. The Council shall provide for such security for city deposits as is authorized or permitted by statute, except that personal surety bonds shall not be deemed proper security.

An independent audit shall be made of all city accounts at least annually, and more frequently if deemed necessary by the Council. Such audit shall be made by a Certified Public Accountant experienced in municipal accounting selected by the Council.

The City Manager shall prepare an annual report of the affairs of the city including a financial report. Copies of such audit and annual report shall be made available for public inspection at the office of the City Manager within thirty (30) days after receipt of the audit.

The City shall have the power to assess taxes and levy and collect rents, tolls and excises. Exclusive of any levies authorized by statute to be made beyond Charter tax rate limitations, the annual ad valorem tax levy for general budget purposes shall not exceed 1.0 percent of the assessed value of all real and personal property subject to taxation in the City. In addition, the City shall have the power to levy not to exceed 0.2 percent of the assessed value of all such real and personal property for not to exceed ten years, beginning in 2017, for purposes of necessary public residential street rights-of-way repair and reconstruction, and related sewer repair and reconstruction. In addition, the City shall have the power to levy not to exceed 0.025 percent of the assessed value of all such real and personal property for not to exceed ten years, beginning in 2017, for purposes of the replacement of vehicles to be used in providing police, fire, street maintenance and other City services. In addition, the City shall have the power to levy not to exceed 0.025 percent of the assessed value of all such real and personal property for not to exceed fifteen (15) years, beginning in 2010, for purposes of providing Advanced Life Support/Paramedic Emergency Medical Services through the Fire Department. In addition, the City shall have the power to levy not to exceed 0.1 percent of the assessed value of all such real and personal property for not to exceed ten (10) years, beginning in 2011, for purposes of supporting and maintaining the public library.

(Amended April 7, 1958; Amended August 6, 1996; Amended June 23, 1997; Amended August 8, 2006; Amended November 3, 2009; Amended May 3, 2011; Amended August 2, 2016)

The subjects of ad valorem taxation for municipal purposes shall be the same as for state, county and school purposes under the general law. Except as otherwise provided by this Charter, city taxes shall be levied, collected and returned in the manner provided by statute.

No exemptions from taxation shall be allowed except as expressly required or permitted by statute.

Subject to the exceptions provided or permitted by statute, the taxable status of persons and property shall be determined as of the first day of January, which shall be deemed the tax day.

Assessment Roll; Preparation, Time, Notice, Assessor's Duties: On or before the first Monday in March in each year the Assessor shall prepare and certify an assessment roll on all property in the city subject to taxation. Such roll shall be prepared in accordance with statute and this Charter. Value shall be estimated according to recognized methods of systematic assessment. The records of the Assessor shall show separate figures for the value of the land, of the building and improvements and of personal property; and the method of estimation of all such value shall be as nearly uniform as possible.

On or before the first Monday in March of each year, the Assessor shall give by first class mail a notice of an increase over the previous year in the assessed value of any property or of the addition of any property to the roll to the owner thereof at his last known address as shown on the assessment roll. The failure of the owner to receive said notice shall not invalidate any assessment roll or assessment thereof.

(Amended November 4, 1958; Amended November 6, 1985)

(1)

Those electors of the City appointed by the City Council shall constitute a Board of Review for the City. At least ⅔ of the members shall be property taxpayers of the City. Members appointed to the Board of Review shall serve for terms of two (2) years beginning at noon on January 1 of each odd-numbered year. Each member of the Board of Review shall qualify by taking the constitutional oath of office within ten (10) days after appointment. The City Council may fill any vacancy which shall occur in the membership of the Board of Review. A member of the City Council shall not be eligible to serve on the Board of Review or to fill any vacancy. A majority of the Board shall constitute a quorum for the transaction of business, but a lesser number may adjourn and a majority vote of those present shall decide all questions. At least two (2) members of a three-member Board of Review shall be present to conduct any business of hearings of the Board of Review.

(2)

The City Council may appoint three (3), six (6) or nine (9) electors of the City, who shall constitute a Board of Review for the City. If six (6) or nine (9) members are appointed as provided in this subsection, the membership of the Board of Review shall be divided into Board of Review Committees consisting of three (3) members each for the purpose of hearing and deciding issues protested pursuant to Michigan Compiled Laws (MCL) 211.30. Two (2) of the three (3) members of a Board of Review Committee shall constitute a quorum for the transaction of the business of the Committee. All meetings of the members of the Board of Review and Committees shall be held during the same hours of the same day and at the same location. A majority of the entire Board of Review membership shall endorse the assessment roll as provided in MCL 211.30. The duties and responsibilities of the Board contained in MCL 211.29 shall be carried out by the entire membership of the Board of Review and a majority of the membership shall constitute a quorum for such purposes.

(Ord. No. 748, §§ 2—8, 12-10-84; Amended November 6, 1985; Ord. No. 902, § 1, 2-8-93)

Board of Review; Sessions; Increase in Assessed Value, Notice: The Board of Review shall convene in its first session on the date, time of day and place as shall be designated by the Council and shall remain in session for at least eight (8) hours for the purpose of considering and correction [of] the roll. In each case in which the assessed value of any property is increased over the amount shown on the assessment roll as prepared by the Assessor or any property is added to such roll by the board, or the board has resolved to consider at its second session such increasing of an assessment or the adding of any property to such roll, the Assessor shall give notice thereof to the owners as shown by such roll by regular mail, mailed not later than the second day following the end of the first session of the board. Such notice shall state the date, time, place and purpose of the second session of the board. The failure to give any such notice or of the owner to receive it shall not invalidate any assessment roll or assessment thereon.

The Board of Review shall convene in its second session on the date, at such time of day and place as shall be designated by the Council and shall continue in session until all interested persons have had the opportunity to be heard, but in no case for less than six (6) hours. At the second session, the board may not increase any assessment or add any property to the rolls, except in those cases in which the board resolved at its first session to consider such increase or addition at its second session.

(Amended November 4, 1958).

State Law reference— Mandatory that Charter provide for meeting of the board of review, MSA 5.2073.

Notice of the time and place of the annual sessions of the Board of Review shall be published by the Clerk at least ten (10) days prior to the first session of the board in each year.

For the purpose of revising and correcting assessments, the Board of Review shall have the same powers and perform like duties in all respects as are by statute conferred upon and required of boards of review in cities generally. It shall hear the complaints of all persons considering themselves aggrieved by assessments, and if it shall appeal that any person or property has been wrongfully assessed or omitted from the roll, the board shall correct the roll in such manner as it deems just. In all cases the roll shall be reviewed according to the facts existing on the tax day and no change in the status of any property after said day shall be considered by the board in making its decisions. Except as otherwise provided by statute, no person other than the Board of Review shall make or authorize any change upon, or additions or corrections to, the assessment roll. It shall be the duty of the Assessor to keep a permanent record of all proceedings and to enter therein all resolutions and decisions of the board.

After the Board of Review has completed its review of the assessment roll as required by statute the majority of its members shall endorse thereon and sign a statement to the effect that the same is the assessment roll of the city for the year in which it has been prepared. The omission of such endorsement shall not affect the validity of such roll.

State Law reference— Mandatory that Charter provide for confirmation of assessment roll, MSA 5.2073; review must be completed on or before the first Monday in April, MSA 7.30(1).

Within three (3) days after the Council has adopted the budget for the ensuing year, the Clerk shall certify to the Assessor the total amount which the Council determines shall be raised by general ad valorem tax. He shall also certify all amounts of current or delinquent special assessments and all other amounts which the Council requires to be assessed, reassessed or charged upon any property or against any person.

After the Board of Review has completed its review of the original assessment roll, the Assessor shall prepare a copy of such assessment roll to be known as the "City Tax Roll," and upon receiving the certification of the several amounts to be raised, as provided in Section 9.11, the Assessor shall spread upon said tax roll the several amounts determined by the Council to be charged, assessed or reassessed against persons or property. He shall use such original assessment roll in spreading the amounts of the general ad valorem county tax and school tax and school tax according to and in proportion to the several valuations set forth in said assessment roll. To avoid fractions in computation on any tax roll, the Assessor may add to the amount of the several taxes to be raised not more than the amount prescribed by statute. Any excess created thereby on any tax roll shall belong to the city.

After spending the taxes the Assessor shall certify the tax roll, and the Mayor shall annex his warrant thereto directing and requiring the Treasurer to collect prior to March first of the following year, from the several persons named in said roll the several sums mentioned therein opposite their respective names as a tax or assessment and granting to him, for the purpose of collecting the taxes, assessments and charges on such roll, all the statutory powers and immunities possessed by township treasurers for the collection of taxes. On or before June first the roll shall be delivered to the Treasurer for collection.

On July first the taxes thus assessed shall become a debt due to the city from the persons against whom they are assessed and the amounts assessed on any interest in real property shall become a lien upon such real property, for such amounts and for all interest and charges thereon, and all personal taxes shall become a first lien on all personal property of such persons so assessed. Such lien shall take precedence over all other claims, encumbrances and liens to the extent provided by statute, and shall continue until such taxes, interest and charges are paid.

City taxes shall be due on July first of each year. The Treasurer shall not be required to call upon the persons named in the city tax roll, nor to make personal demand for the payment of taxes, but he shall:

(a)

Publish, between June fifteenth and July first, notice of the time when said taxes will be due for collection and the penalties and fees for late payment of same; and

(b)

Mail a bill to each person named in said roll, but in case of multiple ownership of property only one bill need be mailed.

Failure on the part of the Treasurer to publish said notice or mail such bill shall not invalidate the taxes on said tax roll nor release the person or property assessed from the penalties and fees provided in this chapter in case of late payment or nonpayment of the same.

All taxes paid on or before the thirty-first day of August shall be collected by the Treasurer without additional charge. On September first he shall add to all taxes paid thereafter four (4) percent of the amount of said taxes and on the first day of October and of each succeeding month he shall add an additional one-half of one percent of said taxes that remain unpaid. Such penalty shall not exceed six (6) percent and shall belong to the city and constitute a charge and shall be a lien against the property to which the taxes themselves apply, collectible in the same manner as the taxes to which they are added. It is provided, however, that if delivery of the tax roll to the Treasurer, as provided in Section 9.13, is delayed for any reason by more than thirty (30) days after June first, the application of the penalty charge provided herein shall be postponed for the first thirty (30) days of such delay and shall be postponed for an additional thirty (30) days for each additional thirty (30) days, or major fraction thereof, of such delay.

If any person, firm or corporation shall neglect or refuse to pay any personal property tax assessed to him or them, the Treasurer, under provisions of State Law, shall collect the same by seizing the personal property of such person, firm or corporation to an amount sufficient to pay such tax, fees and charges for subsequent sale, wherever the same may be found in the state, and from which seizure no property shall be exempt. He may sell the property seized to an amount sufficient to pay the taxes and all charges in accordance with statutory provisions. The Treasurer may, if otherwise unable to collect a tax on personal property, sue in accordance with statute, the person, firm or corporation to whom it is assessed.

All city taxes on real property remaining uncollected by the Treasurer on the first day of March following the date when said roll was received by him shall be returned to the County Treasurer in the manner and with like effect as provided by statute for returns by township treasurers of township, school and county taxes. Such returns shall include all the additional assessment charges and fees hereinbefore provided, which shall be added to the amount assessed in said tax roll against each property or person. The taxes thus returned shall be collected in the same manner as other taxes returned to the County Treasurer are collected, in accordance with statute, and shall be and remain a lien upon the property against which they are assessed until paid. If by change in statute or otherwise, the Treasurer of the County of Oakland is no longer charged with the collection of delinquent real property taxes, such delinquent taxes shall be collected in the manner then provided by statute for the collection of delinquent township, school and county taxes.

For the purpose of spreading and collecting taxes for state, county and school purposes, the city shall be considered the same as a township, and all provisions of statutes relative to the collection of and accounting for such taxes shall apply. For these purposes the Treasurer shall perform the same duties and have the same powers as township treasurers under statute. The Treasurer shall in any event mail to the taxpayer a separate tax bill setting forth the tax due to the city, and another separate tax bill setting forth the state, county and school tax due.

State Law reference— Mandatory that Charter provide for levy, collection and return of state, county and school taxes in conformity with general laws, MSA 5.2073.

Subject to the applicable provisions of law and this Charter, the Council may by ordinance or resolution authorize the borrowing of money for any purpose within the scope of powers vested in the city and permitted by law and may authorize the issuance of bonds or other evidences of indebtedness therefor. Such bonds or other evidences of indebtedness shall include but not be limited to the following types:

(1)

General obligations which pledge the full faith, credit and resources of the city for the payment of such obligations; including bonds for the city's portion of public improvements;

(2)

Notes issued in anticipation of the collection of taxes;

(3)

In case of fire, flood or other calamity, emergency loans due in not more than five (5) years for the relief of the inhabitants of the city and for the preservation of municipal property;

(4)

Special assessment bonds issued in anticipation of the payment of special assessments made for the purpose of defraying the cost of any public improvement, or in anticipation of the payment of any combination of such special assessments. Such special assessment bonds may be an obligation of special assessment district or districts or may be both an obligation of the special assessment district or districts and a general obligation of the city;

(5)

Mortgage bonds for the acquiring, owning, purchasing, constructing, improving or operating of any public utility which the city is authorized by this Charter to acquire or operate; provided such bonds shall not impose any liability upon such city but shall be secured only upon the property and revenues of such public utility, including a franchise, stating the terms upon which, in case of foreclosure, the purchaser may operate the same, which franchise shall in no case extend for a longer period than twenty (20) years from the date of the sale of such utility and franchise on foreclosure. A sinking fund shall be created in the event of the issuance of such bonds, by setting aside such percentage of the gross or net earnings of the public utility as may be deemed sufficient for the payment of the mortgage bonds at maturity, unless serial bonds are issued of such a nature that no sinking fund is required;

(6)

Bonds issued at a rate of interest not to exceed six (6) percent per annum to refund money advanced or paid on special assessments imposed for water main extensions;

(7)

Bonds for the refunding of the funded indebtedness of the city;

(8)

Revenue bonds as authorized by statute which are secured only by the revenues from a public improvement and do not constitute a general obligation of the city.

State Law reference— Specific authority to borrow money, MSA 5.2074.

(a)

Except as provided in Section 10.2(b) no bonds shall be issued without the approval of three-fifths of the electors voting thereon at any general or special election.

(b)

The restriction of Section 10.2(a) shall not apply to general obligation bonds issued to pay the city's portion of the cost of local improvements; to bonds issued under the authorization of Section 10.1(3); to special assessment bonds issued under the authorization of Section 10.1(4); or the bonds the issuance of which cannot, by law, be so restricted by this Charter.

(c)

Only those persons who have property assessed for taxes in the city and their husbands and wives shall be entitled to vote on the approval of any issue of bonds which constitute a general obligation of the city, but no person may so vote unless he is a registered elector.

(Amended November 6, 1956)

State Law reference— Restrictions on issuance of bonds, MSA 5.2084.

The net bonded indebtedness incurred for all public purposes shall not at any time exceed ten (10) percent of the assessed value of all the real and personal property in the city, provided that in computing such net bonded indebtedness there shall be excluded money borrowed under the following sections of this Charter: 10.1(2) (tax anticipation notes), 10.1(3) (emergency loans), 10.1(4) (special assessment bonds even though they are also a general obligation of the city), 10.1(8) (revenue bonds), and other bonds which do not constitute a general obligation of the city.

The amount of emergency loans which the Council may make under the provisions of Section 10.1(3) of this Charter may not exceed three-eighths of one percent of the assessed value of all the real and personal property in the city.

The total amount of special assessment bonds pledging the full faith and credit of the city shall at no time exceed twelve (12) percent of the assessed value of all the real and personal property in the city, nor shall such bonds be issued in any consecutive period of twelve (12) months in excess of three (3) percent of such assessed value unless authorized by a majority vote of the electors voting thereon at any general or special election.

State Law reference— Limitation on net bond indebtedness, MSA 5.2074.

Each bond or other evidence of indebtedness shall contain on its face a statement specifying the purpose for which the same is issued and it shall be unlawful for any officer of the city to use the proceeds thereof for any other purpose, and any officer who shall violate this provision shall be deemed guilty of misconduct in office. All bonds and other evidences of indebtedness issued by the city shall be signed by the Mayor and countersigned by the Clerk, under the seal of the city. Interest coupons may be executed with the facsimile signatures of the Mayor and Clerk. A complete and detailed record of all bonds and other evidence of indebtedness issued by the city shall be kept by the Clerk. Upon the payment of any bond or other evidence of indebtedness, the same shall be marked "Canceled."

No unissued bonds of the city shall be issued or sold to secure funds for any purpose other than that for which they were specifically authorized, and if any such bonds are not sold within three (3) years after authorization, such authorization shall, as to such bonds, be null and void, and such bonds shall be canceled.

The Council shall have the power to determine by resolution that the whole or any part of the expense of any public improvement be defrayed by special assessment upon the property especially benefited, in proportion to the benefits derived or to be derived.

State Law reference— Power relative to special assessments, MSA 5.2074, 5.2075, 5.2077, 5.2084.

The Council shall prescribe by ordinance the complete special assessment procedure governing the initiation of projects, preparation of errors in the rolls, collection of assessments and any other matters concerning the making of improvements by the special assessment method.

Such ordinance shall provide for the enforcement of the following restrictions:

(1)

No resolution finally determining to proceed with establishing any special assessment district for the making of any public improvement shall be made until cost estimates have been prepared and a public hearing has been held on the advisability of so proceeding, which hearing shall be held not less than ten (10) days after notice thereof has been published and sent by first class mail to all property owners in the proposed district as shown by the current assessment roll of the city. Failure to send any such notice or of any owner to receive it shall not invalidate any such special assessment or special assessment roll.

(2)

No special assessment district shall be created by the Council for any one public improvement which includes property having an area in excess of twenty-five (25) percent of the total area of the city. No public improvement project shall be divided geographically for the purpose of circumventing this provision.

(3)

No special assessment roll shall be finally confirmed until after a meeting of the Council has been held for the purpose of reviewing such roll, which meeting shall be held not less than ten (10) days after notice thereof has been sent by first class mail to all property owners in the proposed district as shown by the current assessment roll of the city.

(4)

No original special assessment roll shall be finally confirmed except by the affirmative vote of five (5) of the members of the Council if prior to such confirmation written objections to the proposed improvement have been filed by the owners of property which will be required to bear more than fifty (50) percent of the amount of such special assessment.

(5)

No public improvement to be financed in whole or part by special assessment shall be made before the confirmation of the special assessment roll for such improvement.

The Council shall, in the exercise of its powers of special assessment, have power to provide for the following, but this list shall not be exclusive:

(1)

For the construction of public parking facilities as a public improvement financed in whole or part by the special assessment method;

(2)

For installing a boulevard lighting system on any street as a public improvement to be financed in whole or part by special assessment upon the lands abutting thereupon, provided that the property owners of a majority of the frontage on such street or part thereof to be so improved shall petition therefor;

(3)

For the payment of special assessments in annual installments not to exceed fifteen (15) in number, the first such installment to be due upon confirmation of the special assessment roll or on the following July first and subsequent installments to be due on July first of succeeding years and to be placed upon the annual city tax roll and for an interest charge until the due date of each such deferred installment not to exceed six (6) percent per year, subject to the right of advance payment of any such installment with interest only to the date of payment;

(4)

For making additional pro rata assessments when any special assessment roll proves insufficient to pay for the improvement for which it was levied and the expenses incident thereto, provided that the additional pro rata assessment shall not exceed twenty-five (25) percent of the assessment as originally confirmed unless a meeting of the Council be held to review such additional assessment, for which meeting notices shall be mailed as provided in the case of review of the original special assessment roll.

The excess by which any special assessment proves larger than the actual cost of the improvement and expenses incidental thereto may be placed in the general fund of the city if such excess is five (5) percent or less of the assessment, but should the assessment prove larger than necessary by more than five (5) percent the entire excess shall be refunded on a pro rata basis to the owners of the property assessed. Such refund shall be made by credit against future unpaid installments to the extent such installments then exist and the balance of such refund shall be in cash. No refunds may be made which contravene the provisions of any outstanding evidence of indebtedness secured in whole or part by such special assessment.

Whenever any special assessment shall, in the opinion of the Council, be invalid by reason of irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the Council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made. All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment, and whenever any sum or part thereof levied upon any property in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment, or if the payments exceed the amount of the reassessment, refunds shall be made in the manner prescribed in Section 11.4 of this Charter.

No judgment or decree nor any act of the Council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceeding might have been lawfully assessed thereupon.

No suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining the collection of any special assessment:

(1)

Unless within thirty (30) days after the confirmation of the special assessment roll written notice is given to the Council of intention to file such suit or action stating the grounds on which it is claimed such assessment is illegal; and

(2)

Unless such suit or action shall be commenced within sixty (60) days after confirmation of the roll.

Upon the confirmation of each special assessment roll the special assessments shall become a debt to the city from the persons to whom they are assessed and shall [until] paid be a lien upon the property assessed for the amount of such assessment and all interest and charges thereon. Such lien shall be of the same character and effect as created by this Charter for city taxes. Such assessments shall become due upon confirmation of the special assessment roll except as may be provided by the Council pursuant to Section 11.3(3).

Each special assessment, or each installment of such assessment when installment payments are provided for, shall be collected by the Treasurer without collection fee for a period ending on the last day of the second month following the due date of such assessment or installment. On the first day of the second month following each such due date the Treasurer shall add to all assessments or installments paid thereafter a collection fee of one percent of the amount of the assessment, and on the first day of each succeeding month he shall add an additional one-half of one percent as a collection fee. All collection fees shall belong to the city and be collectible in the same manner as the collection fee on city taxes.

Special assessments, or installments thereof, which become due on July first of any year shall be collected in all respects as are city taxes due on such date, and if uncollected on the following first day of March, shall be returned to the County Treasurer with unpaid taxes as provided in Section 9.18.

Special assessments which become due other than on July first shall, if unpaid for ninety (90) days or more on May first of any year, be certified as delinquent to the Council by the Treasurer and the Council shall place such delinquent assessments on the tax roll for that year together with accrued collection fees to July first of such year. The total amount of such assessment and fees shall thereafter be collected in all respects as are city taxes due on that date, and if uncollected on the following first day of March shall be returned to the County Treasurer with unpaid taxes as provided in Section 9.18.

Except as otherwise provided in this Charter, moneys raised by special assessment for any public improvement shall be segregated in a special fund or account and may be used only to pay for the costs of the improvement for which the assessment was levied and expenses incidental thereto or to repay any money borrowed therefor.

The assessment for the cost of the abatement of any hazard or nuisance to be made pursuant to Section 2.2(q) or Section 2.2(r), or for the cost of removing snow, ice or other obstructions from sidewalks to be made pursuant to Section 2.2(s), or removing weeds pursuant [to Section] 2.2(t), shall be made by resolution of the Council. Notice of time at which the Council will act thereon shall be given by registered mail, return receipt requested, to the owner of the property to be assessed as shown by the current tax roll of the city, except that no notice shall be required in the case of assessments for the removal of weeds, snow or ice. For the purposes of collection of such assessment, the adoption of such resolution shall be equivalent to the confirmation of a special assessment roll. The amount of any such assessment shall become a debt to the city upon adoption of such resolution, be due at such time as the Council shall prescribe, and shall be subject to the collection fees and become a lien as provided in Section 11.7. Every such assessment shall also be subject to Sections 11.4, 11.5 and 11.6.

Failure to mail any notice required to be so sent by this chapter or by ordinance shall not invalidate any special assessment or special assessment roll.

The City Manager shall be responsible for the purchase and sale of all city property. The City Council, by ordinance, required five (5) affirmative votes, shall provide for conditions and amounts in which all sales or purchases will be made without Council approval. Any sum in excess thereof shall:

(a)

Be approved by the Council;

(b)

Require that sealed bids be obtained; and

(c)

The requirements of Section 12.2 shall be complied with.

Comparative prices shall be obtained for the purchase or sale in an amount not in excess of the amount as determined by Council above, except:

(a)

In the employment or professional services; and

(b)

When the City Manager, in an emergency, or with the consent of the Council, shall determine that no advantage to the city would result.

No sale or purchase shall be divided for the purpose of circumventing the dollar value limitation contained in this section. The Council may authorize the making of public improvements or the performance of any other city agency without competitive bidding.

Purchases shall be made from the lowest competent bidder meeting specifications; unless the Council shall determine that the public interest will be better served by accepting a higher bid, sales shall be made to the bidder whose bid is most advantageous to the city.

All purchases and sales shall be evidenced by written contract or purchase order.

The city may not sell any park, cemetery, or any part thereof except in accordance with restrictions placed thereon by statute.

The city may not purchase, sell or lease any real estate or any interest therein except by the affirmative vote of five (5) or more members of the Council.

The purchase and sale of all city property shall be subject to the provisions of Section 5.13.

Detailed purchasing, sale and contract procedures shall be established by ordinance.

(Amended November 6, 1985)

The authority to contract on behalf of the city is vested in the Council and shall be exercised in accordance with the provisions of statute and of this Charter; provided, that purchases and sales may be made by the City Manager subject to the provisions of Section 12.1.

Any contract or agreement in an amount which is of that set forth in an ordinance in excess of the sum as provided in Section 12.1 made with form or terms other than the standard city purchase order form shall before execution be submitted to the Attorney and his opinion obtained with respect to its form and legality. A copy of all contracts or agreements requiring such opinion shall be filed in the office of the Clerk together with a copy of the opinion.

Before any contract, agreement or purchase order obligating the city to pay an amount in excess of that set forth in an ordinance is executed, the accounting officer of the city shall first have certified that an appropriation has been made for the payment thereof, or that sufficient funds will be available if it be for a purpose being financed by the issuance of bonds or by special assessments or for some other purpose not chargeable to a budget appropriation. In the case of a contract or agreement obligating the city for periodic payments in future fiscal years for the furnishing of a continuing service or the leasing of property, such certification need not cover those payments which will be due in future fiscal years, but this exception shall not apply to a contract for the purchase or construction of a public improvement unless such purchase or construction is being financed by an installment contract under authority of Section 11.3. Certification by the accounting officer of the city shall be endorsed on each contract, agreement or purchase order requiring same or shall be filed as an attachment thereto.

No contract or purchase order shall be subdivided for the purpose of circumventing the dollar value limitations contained in this section.

No contract shall be amended after the same has been made except upon the authority of the Council; provided, that the City Manager may amend contracts for those purchases and sales made by him under the authority of Section 12.1.

No compensation shall be paid to any contractor except in accordance with the terms of the contract.

No contract shall be made with any person, firm or corporation in default to the city.

An individual agreement of employment shall not be deemed a contract requiring opinion by the Attorney or certification by the accounting officer of the city.

(Amended November 6, 1985)

State Law reference— Restriction on making of contracts, MSA 5.2084.

Any agreement or contract for the renting or leasing of public property to any person for a period longer than three (3) years shall be subject to the same referendum procedure as is provided in the case or ordinance passed by the Council but any petition for such referendum must be filed within thirty (30) days after publication of the proceedings of the meeting of the Council at which such agreement or contract is authorized.

The transfer or assignment of any agreement or contract for such renting or leasing of public property may be made only upon approval of the Council but the approval of such transfer shall not be subject to referendum.

Rentals and leases and renewals thereof shall be for a fair consideration as determined by the Council.

The city shall possess and hereby reserves to itself all the powers granted to cities by statute and Constitution to acquire, construct, own, operate, improve, enlarge, extend, repair and maintain, either within or without its corporate limits, including, but not by the way of limitation, public utilities for supplying water, sewage treatment and refuse disposal facilities, or any of them, to the municipality and the inhabitants thereof; and also to sell and deliver water, and other public utility services without its corporate limits to an amount not to exceed the limitations set by statute and Constitution.

State Law reference— Authority to establish and operate public utilities, Mich. Const., 1963, Art. VII, § 24, MSA 5.2076, 5.2079.

All municipally owned or operated utilities shall be administered as a regular department of the city government under the management and supervision of the City Manager.

The Council shall have the power to fix from time to time such just and reasonable rates and other charges as may be deemed advisable for supplying the inhabitants of the city and others with such public utility services as the city may provide. There shall be no discrimination in such rates within any classification of users thereof, nor shall free service be permitted. Higher rates may be charged for service outside the corporate limits of the city.

The Council shall provide by ordinance for the collection of all public utility rates and charges of the city. Such ordinances shall provide at least:

(a)

That the city shall have a security for the collection of such utility rates and charges [and] a lien upon the real property supplied by such utility, which lien shall become effective immediately upon the supplying of such utility service and shall be enforced in the manner provided in such ordinance;

(b)

The terms and conditions under which utility services may be discontinued in case of delinquency in paying such rates or charges;

(c)

That the suit may be instituted by the city before a competent tribunal for the collection of such rates or charges.

With respect to the collection of rates charged for water, the city shall have all the powers granted to cities by Act 178 of the Public Acts of 1939 [MSA 5.2531(1) et seq.].

Unless approved by the affirmative vote of three-fifths of the electors voting thereon at a regular or special election, the city shall not sell, exchange, lease or in any way dispose of any property, easements, equipment, privilege or asset belonging to and appertaining to any municipally owned public utility which is needed to continue operating such utility. All contracts, negotiations, licenses, grants, leases or other forms of transfer in violation of this section shall be void and of no effect as against the city.

The restrictions of this section shall not apply to the sale or exchange of any articles of machinery or equipment of any city owned public utility which are worn out or useless or which have been, or could with advantage to the service be, replaced by new and improved machinery or equipment, to the leasing of property not necessary for the operation of the utility, or to the exchange of property or easements for other needed property or easements. It is provided, however, that the provisions of this section shall not extend to vacation or abandonment of streets, as provided by statute.

The rates and charges for any municipal public utility for the furnishing of water, shall be so fixed as to at least meet all the costs of such utility.

Transactions pertaining to the ownership and operation by the city of each public utility shall be recorded in a separate group of accounts under an appropriate fund caption, which accounts shall be classified in accordance with generally accepted utility accounting practice. Charges for all service furnished to, or rendered by, other city departments or agencies shall be recorded. An annual report shall be prepared to show fairly the financial position of each utility and the results of its operation, which report shall be available for inspection at the office of the Clerk.

The Council may require a special report at any time as to any municipal utility. Charges for the privilege of hereafter making connection with, and for service given by, any municipal utility may be established or changed by ordinance of the Council when not prescribed otherwise by law. Any such ordinance shall be subject to referendum under Chapter 7. At such time as the Council deems advisable, it may transfer surplus revenue from the account of any utility to the general fund of the city.

(a)

The Council may take steps to acquire, operate and maintain the water supply system of pipes, fire-hydrants, watermeters and pumping stations, title to which, on the effective date hereof, is in the City of Detroit, Township of Royal Oak, or any other municipality. Provided, that such action by the Council can be taken on commitments heretofore made by the existing owners and operators thereof that a grant of the system will be made to the new city without payment of any part of the capital cost heretofore made by them.

(b)

The Council may negotiate for the city a membership in the Southeastern Oakland County Water Authority, for the purpose of gaining an additional wholesale water supply for the city.

Public utility franchises and all renewals, and extensions thereof and amendments thereto shall be granted by ordinance only. No exclusive franchise shall ever be granted. No franchise shall be granted for a longer period than thirty (30) years.

No franchise ordinance which is not subject to revocation at the will of the Council shall be enacted nor become operative until the same shall have first been referred to the people at a regular or special election and received the affirmative vote of three-fifths of the electors voting thereon. No such franchise ordinance shall be approved by the Council for referral to the electorate before thirty (30) days after application therefor has been filed with the Council nor until a public hearing has been held thereon, nor until the grantee named therein has filed with the Clerk his unconditional acceptance of all terms of each franchise. No special election for such purpose shall be ordered unless the expense of holding such election, as determined by the Council, shall have first been paid to the Treasurer by the grantee.

A franchise ordinance or renewal or extension thereof or amendment thereto which is subject to revocation at the will of the Council may be enacted by the Council without referral to the voters, but shall not be enacted unless is [it] shall have been complete in the form in which it is finally enacted and shall have so been on file in the office of the Clerk for at least four (4) weeks after publication of a notice that such ordinance is so on file.

Constitution references—Franchises limited to thirty (30) years, Mich. Const., 1963, Art. VII, § 30; irrevocable franchise ordinance must be submitted to electors, Mich. Const., 1963, Art. VII, § 25.

All public utility franchises granted after the adoption of this Charter, whether it be so provided in the granting ordinance or not, shall be subject to the following rights of the city, but this enumeration shall not be exclusive or impair the right of the Council to insert in such franchise any provision within the power of the city to impose or require:

(a)

To repeal the same for misuse, nonuse or failure to comply with the provisions thereof;

(b)

To require proper and adequate extension of plant and service and maintenance thereof at the highest practicable standard of efficiency;

(c)

To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates;

(d)

To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof;

(e)

To use, control and regulate the use of its streets, bridges and other public places and the space above and beneath them;

(f)

To impose such other regulations as may be determined by the Council to be conducive to the safety, welfare and accommodation of the public.

All public utility franchises shall make provisions therein for fixing rates, fares and charges and may provide for readjustments thereof at periodic intervals. The value of the property of the utility used as a basis for fixing such rates, fares and charges shall in no event include a value predicated upon the franchise, goodwill or prospective profits.

Every public utility, whether it has a franchise or not shall pay part of the cost of improvement or maintenance of streets, alleys, bridges and other public places as shall arise from its use thereof and shall protect and save the city harmless from all damages arising from said use. Every such public utility may be required by the city to permit joint use of its property and appurtenances located in the streets and other public places of the city and by other utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rental therefor. In the absence of agreement and upon application by any public utility, the Council shall provide for [an] arbitration award [which] shall be final.

The city shall have the maximum number of representatives on the Oakland County Board of Supervisors to which it is entitled by statute.

The representatives of the city on the Board of Supervisors shall be appointed by the Council for an indefinite period and may be removed at the will of the Council. Such representatives shall be qualified electors of the city, shall have been residents of the city for at least two (2) years immediately prior to their appointment and may hold another elective or appointive city office or employment. In case any representative of the city of the Board of Supervisors shall be unable to perform the duties of his office for reasons of physical disability, the Council may appoint another qualified person to serve temporarily in his stead.

Except as otherwise provided in this Charter, the representatives of the city on the Board of supervisors shall perform the statutory duties of Supervisors. In the performance of his duties each supervisor shall represent the city, its inhabitants and its government to the best of his ability.

Representatives of the city on the Board of Supervisors who are not full-time officers or employees shall be entitled to retain any compensation and expense allowances paid to them by the county as members of the Board of Supervisors, but shall receive no compensation from the city for their work as supervisors.

There is hereby established a Municipal Court in the city. The presiding officer of such Court shall be a Municipal Judge elected in accordance with the provisions of this Charter. This Court is created under the authority of Section 28 of Public Act 279 of 1909 of the State of Michigan.

The presiding officer of the Court shall meet the qualifications for the office contained in Section 5.1.

The presiding officer of the Court shall receive such annual compensation as shall be fixed by ordinance, but not less that [than] thirty-five hundred dollars ($3,500.00) per year.

The ordinance fixing his salary may not be amended less than sixty (60) days before the next regular election at which a person is to be elected to office nor may the compensation of the office be changed during the term of office for which he was elected or appointed. Until otherwise provided by ordinance the salary of the office shall be thirty-five hundred dollars ($3,500.00) per year.

The salary for the office provided by Charter or ordinance shall be in lieu of all fees, both in civil and criminal cases, to which the presiding officer might be entitled but for the provisions of this section, except those for the performance of marriage ceremonies and for administering oaths in matters not connected with suits and proceedings in his Court.

The compensation paid to any substitute Judge or Justice to whom a case is transferred under the provisions of Section 16.10 shall be that prescribed by the Council.

The presiding officer of the Court shall, before entering upon the duties of his office, give bonds to the Treasurer of the County of Oakland in such sum as is provided by statute and to the City of Madison Heights in like amount. Such bonds shall be subject to the provisions of Section 5.11.

(a)

General Jurisdiction: The Court shall have and exercise within the City of Madison Heights and Oakland County the same jurisdiction, powers and duties as are or may be conferred upon or required of municipal judges in cities and townships by statute and shall be subject to such statutes with respect to such judges except as otherwise provided in this Charter. The Court shall have concurrent jurisdiction with other judges in Oakland County as to all crimes, offenses and misdemeanors alleged to have been committed within Oakland County, whether within or without the city. The proceedings in all suits and actions before the Court shall, except as otherwise provided in this Charter, be according to and governed by the statutes applicable to municipal courts and to the proceedings before such courts.

(b)

Charter and Ordinance Cases: The Court shall have authority to hear, try and determine all suits and prosecutions for the recovery and enforcing of fines, penalties and forfeitures imposed by this Charter and the ordinances of the city, and to punish offenders for the violation of such Charter and ordinances as in the Charter or ordinances prescribed and directed.

(c)

Extended Jurisdiction: The Court shall also have jurisdiction to the amount of five hundred dollars ($500.00) in all civil matters ex contractu and ex delicto with such exceptions and restrictions as are provided by law.

(d)

Causes. Where All Parties Are Residents of City: The Court shall have exclusive jurisdiction, concurrent jurisdiction of courts of record excepted, in causes or proceedings where all the parties to the same reside in said city at the time of the commencement of the proceeding or cause, and in case where the original cause of action existed in favor of a plaintiff and again against a defendant both residents of the city, and has been assigned to a nonresident of said city. This jurisdiction is granted pursuant to the provisions of Section 10 of Chapter LXVI of Public Act 314 of 1915 of the State of Michigan.

(e)

Setting Aside Verdicts: The Court shall have such power and authority as can under Section 28 of Public Act 279 of 1909 be conferred by this Charter to set aside the verdict or judgment in any civil cause and grant a new trial therein, to be exercised in such manner and on such conditions as provided in said act. The filing of a motion for new trial or to set aside a verdict or judgment shall have such effect on the time for taking an appeal from any judgment and upon the issuance and levy of execution or other similar process and sale thereunder and on other proceedings in said cause as provided in said act.

(f)

Additional Authority: The Court shall have such additional jurisdiction, powers and duties as may now or hereafter be conferred upon such courts by statute.

The Council shall within ninety (90) days after the effective date of this Charter enact an ordinance establishing and fixing the fees and costs which may be taxed by the Court in all civil matters and in all cases for violations of the Charter or city ordinances, and fixing fees and costs not inconsistent with statute in criminal matters.

(a)

Civil Cases. All fees in civil cases shall be collected by the Court and turned over to the City Treasurer, on or before the tenth day of the next month after collection or the receipt of and shall be credited to the general fund of the city.

(b)

State Criminal Cases:

(1)

All fees and costs in state criminal cases shall be charged and presented to and audited by the Board of Supervisors of Oakland County, in the same manner and amounts as provided by law in the cases of municipal judges in cities, and upon allowance by said board, shall be paid monthly by said county to the City Treasurer for the use and benefit of the city and shall be credited to the general fund of the city. The expenses of prosecution before the Court for violations of criminal statutes and in punishing the offenders thereof shall be paid by the County of Oakland.

(2)

All fees, costs, penalties and forfeitures imposed by the Court in state criminal cases shall be paid over by the Court to the County Treasurer within thirty (30) days after the receipt thereof.

(c)

Charter and Ordinance Violations: All fines, costs, penalties, forfeitures and moneys collected or received by the Court on account of violations of any provisions of the Charter or ordinances of the city shall be paid over by the Court to the City Treasurer on or before the first day of the next month after collection or receipt thereof and shall be credited to the general fund of the city.

(d)

Failure To Comply: Failure of the presiding officer of the Court to comply with the provisions of this section shall constitute misconduct in office.

(Amended February 16, 1960)

There shall also be elected an Associate Municipal Judge who shall have the same powers and authority as is vested in the Municipal Judge. The Associate Municipal Judge shall meet all qualifications of office of the presiding officer of the court and shall have like jurisdiction and authority.

He shall receive such annual compensation as shall be fixed by ordinance, but not less than five hundred dollars ($500.00) per year.

He shall serve in the Municipal Court in the same manner and under the same provisions of this Charter as the Presiding Officer.

(Amended November 6, 1962)

The Council shall furnish necessary supplies and suitable place for conducting Court. It may regulate the hours of court and may make other necessary and proper rules and regulations for the conduct of the business of the Court which are not inconsistent with this Charter or statute.

The presiding officer of the Court shall file with the Council promptly after the end of each month a report of the Court in such manner as the Council shall prescribe. Failure of the presiding officer of the Court to comply with the provisions of this section shall constitute misconduct in office.

There shall be kept at the place of holding Court a docket or dockets in the manner required by statute. Failure of the presiding officer of the Court to make provision for the maintenance of such a docket shall constitute misconduct in office.

In case of absence, disability or disqualification of the presiding officer of the Court, any other Municipal Judge or Justice of the Peace in the County of Oakland shall be qualified to act in his place and for him in the performance of any of the duties imposed upon him by statute or this Charter; and shall so act when called upon in the manner and under the conditions herein set forth. The Council shall by ordinance fix the compensation to be paid Justices or Judges for such service and the procedure to be followed in calling upon them so to act. Unless the Council shall so provide by ordinance, no such Justice or Judge shall so act or be entitled to compensation therefor.

The Council shall by ordinance provide for a court clerk and may provide one or more deputy clerks to perform such duties as shall be therein prescribed. Such clerk and deputy clerks shall also, by virtue of their office, have the statutory powers to administer oaths to persons making affidavits for writs in civil causes and to issue all process and test the same in the name of the presiding officer of the Court and shall be required to collect all fees, costs, fines and other moneys paid into the court and to keep a record book of the same and to pay over all such moneys to the authorities of the city or county or other persons entitled to the same as directed by this Charter, by the proper authorities or by statute and the Council shall cause such book to be audited semiannually.

Commencing with the regular municipal election held in the year 1967 and every four (4) years thereafter, there shall be elected two (2) constables for a term of four (4) years. Such constables shall have like power and authority in matters of civil and criminal nature, and in relation to the service of process, civil and criminal, as are conferred by law on constables in townships. They shall have the power to serve all civil process issued out of the municipal court and such other process as is issued for breaches of ordinances of the city. The bond of constable shall be that required of constables in townships. Statutory fees shall be paid to such constables, except that the Council may at its discretion vary and determine the amount of fees to be paid by ordinance.

(Amended April 3, 1967)

The Council shall have the power and authority to establish by ordinance a Traffic Violations Bureau within the Court for the handling of such violations of ordinances and regulations of the city, or parts thereof, as prescribed in the ordinance establishing such bureau. The creation of such a bureau shall not operate so as to deprive any person of a full and impartial hearing in Court should such person so choose.

The city shall not be liable for damages sustained by any person, firm or corporation either to his person or property by reason of the negligence, performance or failure to perform of its officers or employees, nor by reason of any defective condition of or obstruction in any public place unless such person, firm or corporation shall serve or cause to be served upon the Clerk within sixty (60) days after the injury resulting in such damages shall have occurred a notice in writing, which notice shall set forth substantially the time and place of such injury, the manner in which it occurred, the extent of such damages as far as the same has become known, the names and addresses of the witnesses known at the time by the claimant and a statement that the person, firm or corporation sustaining such damages intends to hold the city liable for such damages as may have been sustained by it or him.

The city shall not be liable for any damages to person or property arising out of any such injury unless there shall have been first presented to the Clerk a claim in writing and other oaths setting forth particularly the time, place, nature and extent of such injury and the amount of damages claimed by reason thereof. No person, firm or corporation shall bring any action against the city for any such damages until such claim shall have been filed with the Clerk and until the Council shall have been given reasonable opportunity to act thereon either by allowing or refusing to allow the claim.

It shall be a sufficient bar and answer in any court to any action or proceeding for the collection of any demand or claim against the city under this section that the notice of injury and the verified proof of claim as in this section required were not presented and filed within the time and in the manner as herein provided.

State Law reference— City liability for damages to property and personal injury sustained on public ways, MSA 9.591 et seq.

All records of the city shall be public, shall be kept in city officers except when required for official reasons or for purposes of safekeeping to be elsewhere and shall be available for inspection at all reasonable times.

State Law reference— Mandatory that Charter provide that all records shall be public, MSA 5.2073.

Except as otherwise specifically provided or indicated by the context:

(1)

All words used in this Charter indicating the present tense shall not be limited to the time of the adoption of this Charter but shall extend to and include the time of the happening of any event or requirement for which provision is made herein.

(2)

The singular number shall include the plural, the plural number shall include the singular and the masculine gender shall extend to and include the feminine gender and the neuter.

(3)

The word "person" may extend and be applied to bodies politic and corporate and to partnerships as well as to individuals.

(4)

The words "printed" and "printing" shall include reproductions by printing, engraving, stencil, duplicating, lithographing or any similar method.

(5)

Except in reference to signatures, the words "written" and "in writing" shall include printing and typewriting.

(6)

The word "officer" shall include the Mayor and other members of the Council, the administrative officers, members of city boards and commissions created by and pursuant to this Charter, and the Municipal Judge and the Constables.

(7)

The word "statute" shall denote the Public Acts of the State of Michigan in effect at the time the provision of the Charter containing the word "statute" is to be applied.

(8)

All references to specific Public Acts of the State of Michigan shall be to such acts as are in effect at the time the reference to such act is to be applied.

(9)

The words "law" or "general laws of the state" shall denote the Constitution and the Public Acts of the State of Michigan in effect at the time the provisions of the Charter containing the words "law" or "general laws of the state" is to be applied, and applicable common law.

(10)

All references to section numbers shall refer to section numbers of this Charter.

Editor's note— See editor's note in Chapter 16 of the Charter.

The requirement contained in this Charter for the publishing or publication of notices or ordinances shall be met by publishing an appropriate insertion in a newspaper published in the English language for the dissemination of news of a general character which newspaper shall have had a general circulation at regular intervals in the city immediately preceding the time that it is used for such publication purposes. The affidavit of the printer or publisher of such newspaper, or of his foreman or principal clerk, annexed to a printed copy of such notice, ordinance or proceeding taken from the paper in which it was published and specifying the time of publication shall be prima facie evidence of such publication.

In any case in which this Charter requires the mailing of notices, the affidavit of the officer or employee responsible for such mailing that such notice was mailed shall be prima facie evidence of such mailing.

All trusts established for any municipal purpose shall be used and continued in accordance with the terms of such trust subject to the cy pres doctrine. The Council may in its discretion receive and hold any property in trust for any municipal purpose and shall apply the same to the execution of such trust and for no other purposes except in cases where the cy pres doctrine shall apply.

Except as provided otherwise in this Charter, a quorum of any board or commission created by or pursuant to this Charter shall be a majority of the members of such board or commission in [attendance] at the time, but not less than two (2) members.

Whenever the date fixed by this Charter or by ordinance for the doing or completion of any act falls on a Sunday or legal holiday, such act shall be done or completed on the next succeeding day which is not a Sunday or legal holiday.

Any officer of the city found guilty by a court of competent jurisdiction of any act declared by this Charter to constitute misconduct in office may be punished by fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days or both in the discretion of the court. The punishment provided in this section shall be in addition to that of having the office declared vacant as provided in Section 5.2.

State Law reference— Restriction on fines and imprisonment, MSA 5.2082.

The chapter, section and subsection headings used in this Charter are for convenience only and shall not be considered as part of the Charter.

This Charter may be amended at any time in the manner provided by statute. Should two (2) or more amendments adopted at the same election have conflicting provisions, the one receiving the largest affirmative vote shall prevail as to those provisions.

State Law reference— Charter amendment procedure, MSA 5.2100 et seq.

No estoppel may be created against the city.

All process against the city shall run against the city in the corporate name thereof and may be served by leaving a true copy with the Mayor, Clerk or Attorney.

If any provisions, section, article or clause of this Charter or the application thereof to any person or circumstance shall be found to be invalid by a court, such invalidity shall not affect any remaining portion or application of the Charter which can be given effect without the invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperable, and to this end this Charter is declared to be severable.

All references to the number of votes necessary for the approval or defeat of any resolution, ordinances or other matters to be approved, or adopted, or considered, by the legislative body of this city, shall be deemed to mean the combined vote of the members of the Common Council and the Mayor.

The purpose of this schedule chapter is to inaugurate the government of the city under this Charter and to accomplish the transition from township to city home rule government, and it shall constitute a part of this Charter only to the extent and for the time required to accomplish this end.

This Charter shall be submitted to a vote of the electors of the City of Madison Heights for adoption at a special election to be held on Tuesday, December 6, 1955. All provisions for such election shall be made and such election shall be conducted in the manner provided by law. Proper and sufficient notice of registration and of such special election shall be given by the Charter Commission by publication and posting in the manner prescribed by law. If, at said election, a majority of the electors shall vote in favor of the adoption of this Charter, then the Secretary of the Charter Commission shall administer the oath to the officers elected at the time of the election on the question of the adoption of this Charter and shall perform all other acts required by law to carry this Charter into effect and to consummate the organization to the city.

State Law reference— Restrictions on submission of Charter to electors, MSA 5.2084.

The form of the ballots for the submission of the Charter, if paper ballots are used, shall be as follows:

First ballot instructions: A cross (x) in the square before the word "Yes" is in favor of the proposed Charter, and a cross (x) in the square before the word "No" is against the proposed Charter. Before leaving the booth, fold the ballot so that the initials of the inspector may be seen on the outside.

Shall the proposed Charter for the City of Madison Heights, drafted by the Charter Commission elected on January 17, 1955, and reconvened pursuant to the statutes of the State of Michigan on July 5, 1955, be adopted:

YES
NO

Second ballot instructions: A cross (x) in the square before the name of the candidate is a vote cast in favor of said candidate. Vote only for the number of candidates in accordance with instructions pertaining to the specific offices. Before leaving the booth, fold the ballot so that the initials of the inspector may be seen on the outside.

CANDIDATES FOR MAYOR—Vote for one only.

CANDIDATES FOR COUNCIL—Vote for not more than six (6).

CANDIDATES FOR JUSTICE OF THE PEACE—Vote for one only.

CANDIDATES FOR ASSOCIATE JUSTICE OF THE PEACE—Vote for one only.

CANDIDATES FOR BOARD OF REVIEW—Vote for not more than three (3).

CANDIDATES FOR CONSTABLE—Vote for not more than two (2).

It is provided, however, that if voting machines are used, the question of the adoption of the Charter shall appear on the voting machines and upon absent voters' ballots in the following form:

Shall the proposed Charter of the City of Madison Heights, drafted by the Charter Commission elected on January 17, 1955, and reconvened pursuant to the statutes of the State of Michigan on July 5, 1955, be adopted:

YES
NO

CANDIDATES FOR MAYOR—Vote for one only.

CANDIDATES FOR COUNCIL—Vote for not more than six (6).

CANDIDATES FOR JUSTICE OF THE PEACE—Vote for one only.

CANDIDATES FOR ASSOCIATE JUSTICE OF THE PEACE—Vote for one only.

CANDIDATES FOR BOARD OF REVIEW—Vote for not more than three (3).

CANDIDATES FOR CONSTABLE—Vote for not more than two (2).

Officers elected at the first election under this Charter shall meet all the eligibility requirements of Section 5.1. Provided further, however, that any registered elector who has been a resident of the territory known as Madison Heights, or as [of] the easterly portion of Royal Oak Township, shall be eligible for first elective office. For a period of four (4) years following the adoption of this Charter, residence under this section shall be interpreted to mean residence in such geographical territory.

At the election upon adoption of this Charter, the first elected officers of the city under this Charter, viz: Mayor, six (6) Councilmen, a Justice of the Peace, an Associate Justice of the Peace, three (3) members of the Board of Review, and two (2) Constables shall be elected. The nomination and election of such elective officers shall be conducted as nearly as may be in the manner prescribed for the election of officers in this Charter. Candidates therefore shall be nominated by the filing of petitions signed by not less than seventy-five (75) nor more than one hundred and fifty (150) of the qualified electors of such city and filed with the Secretary of the Charter Commission at 1821 Greig St., Madison Heights, not later than four o'clock Eastern Standard Time, Wednesday, October 26, 1955.

The Charter Commission shall appoint three (3) electors of the area constituting the city who shall canvass the vote on the adoption of the Charter, and the election of the first elective officers thereunder and determine the result of the vote at such election in each case at a meeting of such persons to be held at 8:00 p.m., in the basement of the Township Hall, on the Thursday following the election on the adoption of this Charter.

The first election of officers provided for in this Charter shall be held in the five (5) precincts existing in this area on Tuesday, December 6, 1955, in conjunction with the election on the adoption of this Charter. At this election the voters shall be entitled to vote for not more than one candidate for Mayor, not more than six (6) candidates for Council, not more than one candidate for Justice of the Peace, not more than one candidate for Associate Justice of the Peace, not more than three (3) candidates for Board of Review, and not more than two (2) candidates for Constable.

The candidate receiving the highest number of votes cast for the office of Mayor shall be declared elected for a term beginning with Friday, December 9, 1955, and ending Monday next upon the date of the regular city election in 1958. The six (6) candidates for Council receiving the highest number of votes cast shall be declared to be elected as members of the Council of the City of Madison Heights for a term beginning Friday, December 9, 1955, and ending Monday next upon the date of the regular city election in 1958. The three (3) candidates receiving the highest number of votes cast for the Board of Review shall be declared to be elected members of the Board of Review of the City of Madison Heights for a term beginning Friday, December 9, 1955, and ending Monday next upon the date of the regular city election in 1958. The two (2) candidates receiving the highest number of votes cast for the office of Constable shall be declared to be elected Constables for the City of Madison Heights for a term beginning Friday, December 9, 1955, and ending Monday next upon the date of the regular city election in 1958. The candidate receiving the highest number of votes cast for the office of Justice of the Peace shall be declared elected Justice of the Peace for the City of Madison Heights for a term beginning Friday, December 9, 1955, and ending Monday next upon the date of the regular city election in 1960. The candidate receiving the highest number of votes cast for the office of Associate Justice of the Peace shall be declared elected Associate Justice for the City of Madison Heights for a term beginning Friday, December 9, 1955, and ending Monday next upon the date of the regular city election in 1960.

After the first election, the provisions contained in this Charter relative to elections in terms of elective officers shall govern.

All of the first elected officers under this Charter shall assemble in the basement of the Township Hall at 8:00 p.m., Eastern Standard Time, on Friday, December 9, 1955. The meeting shall be called to order by the Chairman of the Charter Commission or in his inability to serve, by the Vice-Chairman. At [the] meeting each elected officer of the city shall take and subscribe to his oath of office as administered by the Secretary of the Charter Commission, and shall thereupon be qualified for and shall assume the duties of, the office to which he was elected. At the time the elected officers of the City of Madison Heights qualify for and assume the offices to which they were elected, as hereinbefore provided, all control of the officers of the Township of Royal Oak over that part of the township included with the city shall cease and be superseded by that of the officers of the City of Madison Heights.

At such meeting, or as soon thereafter as may be, the Council shall appoint a Clerk, a Treasurer, an Assessor and such other of the administrative officers of the city as the Council shall deem necessary for the functioning of the city government. Each such appointive officer shall hold his office subject to the provisions of this Charter. Until a Clerk and Treasurer are appointed and have assumed their respective offices, members of the Council may be appointed as acting Clerk and Treasurer, respectively. Until a City Manager is appointed, the Mayor shall perform the duties of that office: Provided, that the Mayor shall not perform such duties after March 1, 1956.

Within thirty (30) days after the effective date hereof the Clerk under direction of the Council, shall procure and enter and maintain in a record called "Interim Legislation," a copy of each existing township by-law, ordinance, resolution, rule and regulation disclosed by the public record of the township; and the Council shall, within sixty (60) days after such entry, determine the provisions thereof which apply to said territory under authority of this section. The application of such provisions to this home rule city shall terminate not later than June 7, 1956. In the interim, as a substitute for such township provisions, the Council shall enact whatever it deems necessary as city legislation, with notices and hearings thereon as required by this Charter.

All licenses previously issued by the Township of Royal Oak and valid on the date of the legal incorporation of the city, shall be given full faith, credit and recognition by the city upon the approval of this Charter. Provided, however, that any licenses issued prior to the date of incorporation which expired prior to the approval of this Charter, and which have been renewed after the date of incorporation shall also be given full faith, credit and recognition by the city.

The first Council shall have the power to provide for the financing of the operation of the city government from the seventh day of December, 1955, to the thirtieth day of June, 1957, and for defraying expenses incurred by the County of Oakland, the Charter Commission and other bodies pertaining to the drafting of a Charter and the holding of an election thereon, as provided by law. For such purpose the Council shall have power to borrow money and issue its notes in anticipation of the collection of taxes for the next succeeding fiscal year in accordance with the provisions of Chapter 4 of Act No. 202 of the Public Acts of 1943 [MSA 5.3188 et seq.]. For the purpose of so permitting the city to borrow for the operating of the city government the Council shall, in the year 1956 determine the operating tax levy for the fiscal year beginning July 1, 1956 on or before April 1, 1956. The Council shall also proceed expeditiously to make a settlement with the Township Board of Royal Oak Township of the divisions of properties and liabilities of the township in the manner provided by Section 14 of Act No. 279 of the Public Acts of 1909 [MSA 5.2093] as amended.

If this Charter is rejected at the election on its adoption, and the election of the officers is thereby void, the elector receiving the highest vote for the office of Mayor shall be a defacto officer of the city, until a Mayor for the city is elected and qualified pursuant to a Charter approved by the electors. Such defacto officer shall undertake those duties and responsibilities provided in Section 16 of Act 279 of the Public Acts of 1909 [MSA 5.2095].

RESOLUTION OF ADOPTION

At a regular meeting of the Charter Commission of the City of Madison Heights, held on the eighth day of October, A.D., 1955, the following resolution was offered by Commissioner Edwards:

RESOLVED, That the Charter Commission of the City of Madison Heights does hereby adopt the foregoing proposed Charter of the City of Madison Heights and the Secretary of this Commission is directed to transmit a copy of this Charter to the Governor of the State of Michigan for his approval in accordance with the Statute and to cause this proposed Charter to be published in the Royal Oak Tribune on the twenty-third day of November, A.D., 1955.

The resolution was seconded by Commissioner Michrina and adopted by the following vote:

YES: Charles B. Edwards Jr., John B. Michrina, Theodore Krenn, Virginia M. Solberg, George Sargeant, Darrel K. Davis, Willie D. Pierce, Earl Anderson and Stanley Weiss.

NO: None

ABSENT: None

The Chairman then declared the foregoing resolution carried by a majority vote and requested the members of the Charter Commission to authenticate said resolution and also a copy of the Charter to be presented to the Governor.

The following members, constituting a majority of the Charter Commission, thereupon authenticated said resolution and the copy of the Charter to be presented to the Governor by subscribing their names as follows:

(S) CHARLES EDWARDS, JR.,

(S) THEODORE KRENN,

(S) JOHN B. MICHRINA,

(S) VIRGINIA M. SOLBERG,

(S) GEORGE SARGEANT,

(S) DARREL K. DAVIS,

(S) WILLIE D. PIERCE,

(S) EARL ANDERSON,

(S) STANLEY WEISS.

All the commissioners having attested to said resolution and also having attested a copy to be signed by the Governor, the meeting adjourned subject to the call of the Chairman.

Secretary of the Charter Commission of the City of Madison Heights, being duly sworn, says that at an election duly called and held in the territory commonly known as the City of Madison Heights on the seventeenth day of January, A.D., 1955, the following named persons were duly elected as the Charter Commission to frame a Charter for the city, namely: Earl M. Anderson, Darrel K. Davis, Charles B. Edwards, Jr., Theodore Krenn, John B. Michrina, George Sargeant, Virginia M. Solberg, Stanley F. Weiss and Willie D. Pierce, that subsequently said Charter Commission was reconvened by Virginia M. Solberg, defacto Mayor of the City of Madison Heights in accordance with provisions of the statutes of the State of Michigan on the fifth day of July, A.D., 1955, and that the annexed and foregoing Charter was duly adopted by said Charter Commission, directed that said Charter be presented to the electors of the City of Madison Heights in accordance with the requirements of this Charter and the laws of the State of Michigan.

Further deponent sayeth not.

(S) VIRGINIA M. SOLBERG
Secretary of the Charter
Commission of the City of Madison Heights

DATED: October 8, 1955

Subscribed and sworn to before me this eighth day of October, A.D., 1955.

(S) ANN M. EDWARDS,
Notary Public, Oakland County, Mich.
My commission expires February 8, 1959.

(S) HARRY H. YOUNG,
Council for the Charter Commission

I do hereby approve the above and foregoing Charter of the City of Madison Heights.

Approved:

(S) G. MENNEN WILLIAMS,
Governor of the State of Michigan

DATED: November 7, 1955