Sturgis City Zoning Code

In order to establish a more efficient government for the City of Sturgis and to provide for, promote and maintain the essential interests and welfare of all our people, we, the citizens of this City, under the constitution and laws of the State of Michigan, do ordain and establish this charter.

Reference in this Charter to the male gender shall also include the female gender.

(Amend. of 11-2-2004)

The inhabitants of the City shall be a body politic and corporate under the name of the City of Sturgis and in that name the City shall hold the title to all its property and conduct all its affairs.

The City of Sturgis shall have and exercise all powers pertaining to municipal corporations and all those granted or recognized by the laws of the State, whether herein expressly mentioned or not, and the grant of any power herein contained shall not be construed as excluding any other power, but the City shall be presumed to have all powers necessary or suitable for the maintenance of good government and for the promotion of the welfare and happiness of its inhabitants, not forbidden by the constitution and general laws of the State.

The boundaries for the City of Sturgis shall be registered at the Office of the Great Seal, State of Michigan, Lansing, Michigan.

(Amend. of 11-2-2004)

Editor's note— The provisions of the above section can be superseded by annexations made pursuant to MCL 117.6 et seq.

All wards heretofore existing in said city are hereby abolished, and said city shall hereafter consist of one ward.

State Law reference— Mandatory that charter provide for establishment of wards, MCL 117.3(e).

The City is hereby divided into four election precincts, the boundaries of which shall be as follows:

Precinct No. 1 shall embrace all that portion of the City lying south from the centerline of Chicago Street and east from the centerline of Nottawa Street.

Precinct No. 2 shall embrace all that portion of the City lying South from the centerline of Chicago Street and west from the centerline of Nottawa Street.

Precinct No. 3 shall embrace all that portion of the City lying north from the centerline of Chicago Street and west of the centerline of Nottawa Street.

Precinct No. 4 shall embrace all that portion of the City lying north from the centerline of Chicago Street and east from the centerline of Nottawa Street.

Editor's note— The provisions of the above section can be superseded by pursuant to MCL 168.660 by the city commission. See charter ch. II, § 3.

The Commission may from time to time change the boundaries of said precincts.

State Law reference— Authority to change precinct boundaries without charter amendment, MCL 168.657.

In case of any change of boundary of election precincts, there shall be a new registration of the electors of those precincts whose boundaries are thus changed.

Editor's note— The provisions of the above section are superseded by MCL 168.491 et seq., 168.660.

The Commission shall designate a place in each voting precinct for holding election and may increase or decrease the number of voting precincts as necessity may require.

State Law reference— City legislative body to designate polling places, MCL 168.662.

There is hereby created a City Commission which shall have full power and authority, except as herein otherwise provided, to exercise all the powers conferred upon the City, and is authorized to pass all laws and ordinances relating to its municipal concerns, and provide proper penalties for the violation thereof, subject to the constitution and general laws of the State and this charter. Composition of City Commission

State Law reference— Mandatory that charter provide for elected legislative body, MCL 117.3(a).

The City Commission shall consist of nine members, who shall be elected as follows: one from the City at large and who shall serve for a term of one year, and two from each precinct who shall serve for a term of two years, providing that at the first regular election after the adoption of this amendment, one commissioner shall be elected from each said precinct for a term of one year, and one for a term of two years, provided that thereafter one commissioner shall be elected each year from the City at large for a term of one year, and one from each precinct for a term of two years. The election of City Commissioners shall be at the annual City election as hereinafter provided.

Editor's note— Unless a resolution has been adopted pursuant to MCL 168.644 reestablishing the election date provided for in charter ch. V, § 5, the provisions of the last sentence of the above section are superseded by the odd year election provided for in MCL 168.644a.

Members of the City Commission shall have been residents of the City for a term of at least five years, immediately prior to their election or appointment, and have the qualifications of the electors therein. The City Commission shall be the judge of the election and qualifications of its own members, subject to the review by the courts. No member of the City Commission shall during his term of office hold any other City Office, unless otherwise provided in this charter.

Editor's note— The five-year residency requirement for city commission members in the above section is unconstitutional. See Green v. McKeon, 335 F. Supp. 630 (E.D. Mich. 1971), aff'd 468 F.2d 883 (invalidating two-year residency requirement on equal protection grounds).

No member of the City Commission, or other officer shall be interested directly or indirectly in the profits of an), city contract, job or work, or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services, other than official services. Any member of the City Commission, or other officer of the City, offending against the provisions of this section, shall, upon conviction thereof, be fined or imprisoned or both, as is provided by law, and shall forfeit his office.

Editor's note— The provisions of the above section are superseded by MCL 15.321 et seq. See MCL 15.328.

Any member of the Commission who shall have been convicted of a felony while in office shall thereby forfeit his office. Neither the Commission nor any of its members or committees shall dictate the appointment of any person to office or employment by the City Manager to prevent him from exercising his judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry the Commission and its members shall deal with the administrative service solely through the City Manager, and neither the Commission nor any member thereof shall give orders to any of the subordinates of the City Manager.

At eight o'clock P.M.,on the second Monday in November of each year, whether or not a regular municipal election shall have been held in such year, the City Commission shall meet at the usual place for holding the meetings of the legislative body of the City, at which time the newly elected Commissioners, if any, shall assume the duties of their office. Thereafter the City Commission shall meet at such times as may be prescribed by ordinance or resolution, except that they shall regularly meet semi-monthly. Special meetings may be called at any time, by the Mayor, or by one other Commissioner, by giving such notice to its members, of such special meetings as the Commission shall provide. All meetings of the City Commission shall be public and any citizen shall have access to the minutes and records thereof, between the hours of 9 A.M. and 4 P.M. The Commission shall determine its own rules and order of business and shall keep in English language a written or printed journal of each and all of its sessions.

State Law reference— Time for taking office, MCL 168.644h; mandatory that charter provide for public meetings, MCL 117.3(l); Open Meetings Act, MCL 15.261 et seq.; mandatory that charter provide for keeping of journal of meetings in the English language, MCL 117.3(m).

(a)

The City Commission, at the time of organizing, shall elect one of its members Mayor. The City Commission shall also elect from among their own number a Vice-Mayor who shall perform all the duties of the Mayor, when, on account of absence from the City or otherwise, the Mayor is temporarily unable to perform the duties of his office, or in case of a vacancy in the office of the Mayor, until such vacancy is filled by the City Commission.

(b)

A majority of the members elected to the City Commission shall be a quorum to do business, but, in the absence of a quorum, one or more Commissioners can adjourn any regular or special meeting to a later date. Except as otherwise provided in this charter, the affirmative vote of a majority of the members of the City Commission shall be necessary to adopt any ordinance or resolution. The vote upon the passage of all ordinances, and upon the adoption of all such resolutions as this charter or the City Commission by its rules shall prescribe, shall be taken by "YEA" and "NAY" vote and entered upon the record.

State Law reference— Mandatory that charter provide for mayor, MCL 117.3(a); mandatory that charter provide for ordinance adoption procedure, MCL 117.3(k).

Each Commissioner shall receive an annual salary of five hundred dollars and that the Commissioner who is elected Mayor shall receive an additional two-hundred, fifty dollars.

Editor's note— The provisions of the above section are obsolete in light of the establishment of the local officers compensation commission in Code ch. 2, art. VI, div. 4. See MCL 117.5c.

The salary of all appointive officers shall be fixed by the Commission, provided that no salary of any officer shall be increased or diminished during the term for which he is elected or appointed.

Editor's note— Insofar as they relate to elected officials, the provisions of the above section appear obsolete in light of the establishment of the local officers compensation commission in Code ch. 2, art. VI, div. 4. See MCL 117.5c.

State Law reference— Mandatory that charter provide for compensation of officers, MCL 117.3(d).

The Mayor shall be the executive head of the City. He shall have a voice and vote in the proceedings, but no veto power. He shall authenticate by his signature such instruments as the City Commission, this charter or the laws of the State of Michigan shall require. He shall exercise only such powers as the laws of this State, this charter, or the City Commission specifically confer upon him.

State Law reference— Mandatory that charter provide for duties of city officers, MCL 117.3(d).

The registration of voters, nominations and elections held under this charter shall be in accordance with the general laws of the State of Michigan, except as herein otherwise provided. Nothing in the laws of the State applying to party registration, enrollment or any other party procedure shall apply to registrations, nominations and elections held hereunder.

Candidates for all elective offices in the City shall be nominated by petition only, the Commissioner at large to he nominated from the City at large and the other said Commissioners that are to be nominated shall be residents of the respective precincts that they will represent on the City Commission and shall be voted for and nominated by the duly qualified electors of such precinct. The City Clerk shall provide uniform petition blanks.

Each petition shall contain the name of the candidate, giving his place of residence, and shall specify the office for which he is nominated. Each elector signing such petition shall add to his signature his place of residence, and the date on which he signed. No elector shall sign the nominating petition of more than one candidate for the same elective office. The signatures to the nominating petition need not all be appended to one paper, but to each separate paper there shall be attached an affidavit of the circulator thereof, stating that each signature appended thereto was made in his presence, and is the genuine signature of the person whose name it purports to be.

State Law reference— Nonpartisan nominating petitions, MCL 168.544a et seq.

Each nominating petition to be valid, shall contain the names of not less than fifty nor more than seventy-five qualified electors. All such petitions shall be filed with the City Clerk no later than 4:00 p.m. on the seventh Tuesday prior to the election to which they pertain.

(Amend. of 11-7-1989)

Editor's note— Unless a resolution has been adopted pursuant to MCL 168.644 reestablishing the election date provided for in charter ch. V, § 5, nominating petitions must be filed by 4:00 p.m. on the twelfth Tuesday prior to the odd year primary election. MCL 168.544f. The odd year primary election is held on the Tuesday following the first Monday in August or each odd-numbered year. See MCL 168.644b.

The City Clerk of the City of Sturgis shall constitute and be the board of registration for the entire City and the general registration and election laws of the State of Michigan, except as herein otherwise provided, shall apply to and control the registration of electors and the conduct of elections in the City of Sturgis.

The inhabitants of the City having the Constitutional qualifications of electors of the State shall be electors of the City. Each one shall vote in the voting precinct wherein he shall have lodged for twenty days prior to the date of election.

Editor's note— The provisions of the above section are superseded by MCL 168.492, 168.498.

At least thirty days prior to the first election after they enter upon the duties of their office, the City Commission shall appoint three qualified electors in each voting precinct to be inspectors of election for such precinct and they shall continue so to act at the will of the City Commission.

Editor's note— The provisions of the above section are superseded by the provisions of MCL 168.674, which statute provides that the board of election commissioners appoints inspectors of elections within the time limits provided for in such statute.

Within the time limited in the last preceding section the City Commission shall appoint three qualified electors to be a board of election commissioners for the City and they shall serve in that capacity at the pleasure of the City Commission.

The regular City elections shall be held on the first Monday in April each year at such place or places in each of the several election precincts of the City as the City Commission shall designate.

Editor's note— Unless a resolution has been adopted pursuant to MCL 168.644 reestablishing the election date provided for above, the provisions of the above section are superseded by the odd year election provided for in MCL 168.644a.

Special elections may be held at such times and places as the City Commission shall by resolution designate, the purpose of which shall be fully set forth in the resolution.

Whenever an election is to be held, the Commission shall cause to be delivered to the inspectors of the election in the voting precincts where the same is to be held, a notice signed by the City Clerk, specifying the officer or officers to be chosen, and the question or proposition, if any, to be submitted to the vote of the electors, and the day and places at which such election is to be held, and the proceedings and manner of holding the elections shall be the same as at annual elections.

Notice of the time and place or places of holding any election, and of the officers to be elected and the questions to be voted upon, shall, except as herein otherwise provided, be given by the City Clerk at least eight days before such election by posting such notices in three public places in each voting precinct, and by publishing a copy thereof in one or more newspapers published in the City, the same length of time before the election, and in case of a special election, such notice shall set forth the purpose and object of the election as fully as the same are required to be set forth in the resolution appointing such election.

Editor's note— The provisions of charter the above section appear to be superseded by MCL 168.652.

The Commission shall provide and cause to be kept by the City Clerk, for use at all elections, suitable ballot boxes of the kind required by law to be kept and used in townships.

Within three days after the time limited for filing nominating petitions the City Clerk shall certify to the board of election commissioners the names of all candidates duly nominated and the special matters to be submitted to the electors, and the board shall thereupon prepare the ballots, shall place thereon the name of each candidate and the office without any party name or designation, and the special matters, if any, to be voted upon.

Editor's note— The provisions of charter the above section are superseded by MCL 168.552.

Names of candidates on all ballots shall be printed in rotation, the ballots shall be printed in as many series, as there are candidates, for the office. The name of each candidate shall appear first on the ticket an equal number of times.

The electors shall vote by ballot. Such ballot shall be prepared and furnished by the election commissioners as provided by the general election laws of the State, and shall contain the names of all the officers to be voted for, and all questions and propositions submitted to be voted upon, and all matters touching the form and contents of the ballot and the casting and canvassing of the same, and all other matters touching such elections shall be governed by the general election laws of the State of Michigan when not inconsistent with the provisions of this charter, provided, not more than one proposition to be voted upon shall appear on one ballot.

On the day of any election the polls shall be opened at seven o'clock in the forenoon, or as soon thereafter as may be, and shall be continued open until six o'clock in the afternoon and no longer, according to the general election laws of the State of Michigan.

Editor's note— The provisions of the above section are superseded by MCL 168.720, which statute provides for polls to be open from 7:00 a.m. to 8:00 p.m.

Immediately on the closing of the polls, the precinct election inspectors shall canvass the votes and announce the results as provided in the general election laws for County and State elections. They shall first canvass the votes for City officers and shall forthwith make it statement of all votes cast at the election and file the same at once with the City Clerk. The candidate or candidates where more than one are to be elected for the same office, receiving the greatest number of votes shall be elected.

Editor's note— Per MCL 168.323, the canvassing of returns is performed by the board of canvassers. See also MCL 168.30a et seq.

The Commission shall convene on Thursday, next succeeding each election, at their usual place of meeting, and canvass the result of the election, upon each question and proposition voted upon and shall determine what persons have been duly elected at such election to the several offices, respectively and thereupon the said City Clerk shall make duplicate certificates under the corporal seal of the City, of such certification, showing the result of the election upon each question or proposition voted upon, and what persons are declared elected to the several offices, respectively, one of which certificates he shall file at the office of the county clerk, and the other shall be filed in the office of the City Clerk. A certificate of election shall also be issued by the City Clerk to each candidate elected to office, and each person elected to the office in the City of Sturgis under the provisions of this charter shall, within five days after receiving the certificate of his election, take and subscribe to the official oath required by law and file the same with the City Clerk.

If two or more candidates shall receive an equal number of votes the City Commission shall determine by lot which one is elected to the office.

State Law reference— Determination of elections by lot, MCL 168.851 et seq.

The City Clerk shall, either by registered mail or other reliable means, notify one member of the board of election inspectors from each precinct in the City, to meet at his office at it designated day within twenty days prior to each Primary, General, City and Special Election for the purpose of instructing them on their duties at such election. At such meeting the City Clerk shall instruct and demonstrate the manner in which each of such duties are required by law to be performed. Special emphasis shall be placed upon those relative to preservation of ballots and the sealing of ballot boxes. It shall be the duty of said member, so notified, to attend such meeting. Compensation shall be paid them therefor by the City at the same rate that they receive for performing their duties on election day.

Any or all of the Commissioners or any elected officer provided for in this charter may be removed front office by the electors. The procedure to effect such removal shall be its follows: A petition demanding that the question of removing such officer or officers be submitted to the electors shall be filed with the City Clerk. Such petition for the recall of any or all of the Commissioners, or any other elected officers, shall be signed by at least twenty-five percent of the total number of votes cast for Commissioner at the last election.

All the signatures to such petitions need not be appended to any one paper.

Petition papers shall be procured only from the City Clerk, who shall keep a sufficient number of such blank petitions on file for distribution as herein provided. Prior to the issuance of such petition papers an affidavit as herein provided shall be made by one or more qualified electors, and filed with the City Clerk, stating the name and office of the officers sought to be removed. The City Clerk, upon issuing any such petition papers to an elector, shall enter into a record, to be kept in his office, the name of the elector to whom issued, the date of issuance, and the number of papers issued, and shall certify on such papers the name of the elector to whom issued and the date issued. No petition paper so issued shall be accepted as part of the petition unless it bears such certificate of the City Clerk, and unless it be filed as provided herein.

Each signer of a recall petition shall sign his name in ink or indelible pencil, and shall place thereon after his name his place of residence by street or number. To each such petition paper there shall be attached an affidavit of the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper was made in his presence and is the genuine signature of the person whose name it purports to be.

All papers comprising a recall petition shall be assembled and filed with the City Clerk as one instrument within thirty days after the filing with the City Clerk of the affidavit, stating the name and office of the officers sought to be removed.

The City Clerk shall at once submit the recall petition to the Commissioners and shall notify the officers sought to be recalled of such action. If the official whose removal is sought does not resign within five days after such notice, the Commission shall thereupon, if the petition conforms to the above requirements, order and fix a day for holding a recall election. Any such election shall be not less than thirty, nor more than sixty days after the petition has been presented to the Commission. If a general election shall occur within sixty days after the filing of such petition, the recall election shall be held at the same time as such general or special election, but if no such election be held within that period, the Commission shall call a special recall election to be held within the time aforesaid.

The ballots at such recall elections shall conform to the following requirements: With respect to each person whose removal is sought the question shall be submitted: "Shall (name of person) be removed from the office of (name of office) by recall?" Immediately following each such question there shall be printed on the ballots the two propositions, in the order set forth in form, substantially as follows:

Shall _____ (ab) _____ be recalled?

□ Yes.
□ No.

For _____ for balance of term

if _____ (ab) _____ is recalled.

□ _____

□ _____

□ _____

Immediately to the left of each proposition shall be placed a square in which the electors by making a cross mark (x) may vote for either of such propositions. Under said question shall be placed the names of candidates to fill the vacancy or vacancies which may be created by such recall election, the name of the officer or officers, whose removal is sought shall not appear on the ballot as a candidate or candidates to succeed himself or themselves.

Before any such recall election for the removal of any officer shall be had, there shall be nominated candidates to fill the possible vacancy or vacancies; the nominations therefor to be made in the same manner as prescribed for the nomination of officers to be elected at a general charter election. The ballots for the election of all candidates to fill such vacancy or vacancies shall be prepared, voted and canvassed in the same manner as ballots for the election of City officers at any regular charter election.

Should a majority of the votes cast at a recall election be against the recall of the officer named on the ballot, such officer shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes cast at a recall election shall be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office.

No recall petition shall be filed against any officer within six months after he takes his office, nor in case of an officer re-elected in a recall election, until six months after that election.

Any proposed ordinance may be submitted to the Commission by petition signed by qualified electors of the City equal in number to fifteen percent of the total vote cast for Commissioner at the last municipal election; Provided, that if an ordinance is proposed to the Commission during the first year of the operation of this charter, it shall be signed by qualified electors equal in number to fifteen percent of the total votes cast for all candidates for the office of Commissioner for one year at said first election under this charter. The street of each signer to said petition must be given.

Said petition shall be presented to the City Clerk, who shall examine the same and certify to the Commission at their next meeting whether or not the necessary number of qualified electors have affixed their signatures thereto.

Said petition shall be accompanied by an affidavit of the person or persons circulating said petition in form substantially as follows:

STATE OF MICHIGAN,

County of St. Joseph,

City of Sturgis.

___________ being duly sworn says that he circulated the petition hereto attached. That the signatures thereon are all genuine. That they were affixed to said petition in his presence and that the signers thereof are all legally qualified electors of said City.

Subscribed and sworn to before me this ;daterule day of ________, 19___.

My commission expires _______.

In case said petition is circulated in duplicate, such affidavit must be attached to each petition and it shall be deemed a compliance with the requirements of this charter if the total number of names on all such duplicate petitions shall equal the percentage required in section one hereof.

Within thirty days after the presentation to the Commission of such petition said Commission shall either:

(a)

Pass such ordinance as is requested, or

(b)

Call a special election to be held within thirty days, unless a special or general election is to be held within ninety days, at which said general or special election said proposed ordinance shall be submitted to the vote of the qualified electors of said City.

If upon the submission of any proposed ordinance a majority of those voting upon such question shall vote in favor of the adoption of such ordinance, such ordinance shall become effective on the tenth day after the canvass of said votes. In case said ordinance fails to receive a majority of the votes so cast, it shall not be re-submitted to the qualified electors of Sturgis within the year next following the date of the first submission, nor shall any ordinance so enacted be subjected to a referendum during the same period.

The general provisions of this charter as to elections shall apply to all elections held under the authority of this charter, unless inconsistent herewith.

No ordinance except one originated by petition and adopted by a majority vote of the electors of said City, shall become effective until the expiration of twenty days after its adoption by the Commission, except such ordinances as are intended to be emergency measures for the protection of public peace, health or safety, and the operation of which is limited to ninety days or less.

If during said period of twenty days a petition signed by legally qualified electors to the number of twenty-five percent of the votes cast for Commissioner at the last annual election (except that during the first year of the operation of this charter the total number of votes cast for the candidates for the office of Commissioner elected for one year, shall be the basis for determining the necessary twenty-five percent) requesting that such ordinance be repealed or amended, said ordinance shall not become operative until the following steps shall have been taken:

(a)

The City Clerk shall examine said petition and shall certify thereon whether or not the necessary number of qualified electors have signed the same.

(b)

He shall present the same to the Commission at its next regular meeting.

(c)

Said Commission shall within ten days next thereafter either repeal or amend said ordinance in conformity with the petition or confirm said ordinance as originally passed.

(d)

If said ordinance be confirmed, the Commission shall present the same at a general or special election, to be voted on by the qualified electors of said City in the same manner as in case of ordinances originating by petition.

(e)

If repealed or amended in conformity with said petition, said ordinance shall stand as repealed or amended, and if amended, shall become effective at the expiration of twenty days thereafter.

The form of the petition, authentication by oath and certification to the Commission, shall be the same as hereinbefore provided in the case of ordinances originating by petition.

Any resolution involving the granting of a franchise, shall, for the purpose of this charter, be deemed an ordinance.

The City Commission may provide, by ordinance, for a police force and for the appointment by the City Manager of such number of police as he may think necessary for the good government of the City and for the protection of personal property and may authorize the City Manager to appoint special police from time to time, when in his judgment the emergency or necessity may so require.

The City Commission may make and establish rules for the regulation and government of the police, prescribing, and defining the powers and duties of police, and shall prescribe and enforce such police regulations as will most effectually preserve the peace and good order of the City, preserve the inhabitants from personal violence, and protect public and private property from destruction by fire and from unlawful depredation. The City Manager is hereby authorized, whenever he shall deem it necessary for the preservation of peace and good order in the City, to appoint and place on duty such number of temporary police as in his judgment may be required. Unless made in accordance with some ordinance or resolution of the City Commission, such appointment shall not continue longer than three days.

The City Manager, subject to the direction of the City Commission, shall act as superintendent of police, have the superintendency and direction of the police under such regulations as may be prescribed by the City Commission.

The City Manager and the police appointed by him shall have the same authority within the boundaries of the City of Sturgis for making arrests and serving papers as the authority given under the laws of this State to constables.

All appointments made by the City Commission, except as otherwise provided in this charter, shall be made at the first regular meeting of the City Commission held in the month of May of each year.

Appointments made by the City Manager that terminate at his pleasure, may be made by him at any time, but no appointments made by the City Manager shall be for a longer period than one year from the date of said appointment.

The power of the City to preserve and promote the health of its inhabitants shall be limited only by the laws of the State and the needs of the City.

The Board of Health of the City of Sturgis shall consist of the City Commission, who shall act as a Board of Health. The City Health Officer shall sit with the Board of Health, but shall have no vote.

The Board of Health shall have and exercise for the City all the powers and authority conferred upon Boards of Health by the general laws of the State, by this charter and by the ordinances of the City. It shall be its duty and the duty of the Health Officer to see to the enforcement of all laws and ordinances pertaining to public health.

The Health Officer shall have and exercise all the powers of police officers of the City and all power and authority conferred on health officers by the laws of the State, by this charter or by the ordinances of the City and shall perform all duties required of such officer.

The City Commission shall have power to enact, amend and repeal all ordinances that may be necessary or proper for carrying out the powers conferred and the duties imposed upon the City by this charter and by the laws of the State.

The style of all ordinances shall be "The City of Sturgis Ordains." They shall require for their passage a majority vote of all members of the Commission in office. No ordinance shall be adopted at the same meeting at which it is proposed except by unanimous consent of all members of the Commission then in office.

Every ordinance shall prescribe the time within which it shall take effect and in case a penalty is imposed such time shall not be less than twenty days after the first publication. All ordinances shall be published at least once in one or more of the newspapers of the City before they become operative.

Whenever it shall be necessary to prove any ordinance or resolution of the Commission in any judicial proceedings, the same may be proved from the record thereof kept by the City Clerk; by a copy thereof duly certified by the City Clerk under the seal of the City or from any volume thereof published, printed and compiled by authority of the City.

The adoption of an ordinance by the Commission shall require for its passage the concurrence of a majority of the members of the Commission.

The time when any ordinance shall take effect shall be prescribed therein, which time shall not be less than twenty days from the date of its passage, except as otherwise provided in this charter.

A summary of all ordinances, together with the designation of a location in the City where a true copy of the ordinance can be inspected or obtained, shall be published once within one week after their passage, in a newspaper printed and circulated within the City, and the City Clerk shall certify on the record of ordinances the date of publication and the name of the newspaper in which any ordinance was so published; and such certificate shall be prima facie evidence that legal publication of such ordinance has been made.

(Amend. of 11-2-2004)

No ordinance shall be finally passed on the day it is introduced, except in case of public emergency, and then only on request of the Mayor in writing.

All ordinances shall be recorded in an indexed book marked "Ordinance Record," and the record of each ordinance shall be authenticated by the signature of the Mayor and City Clerk. Such record and authentication shall be made within one week after the final passage of any ordinance, but failure to so record and authenticate any ordinance shall not invalidate it or suspend its operation.

Immediately upon the final passage of any ordinance the Mayor and City Clerk shall sign the same under a certificate of the day and date of its passage.

Ordinances submitted to the Commission by initiative petition and passed by the Commission without change, or passed in an amended form and not required to be submitted to a vote of the electors shall be subject to the referendum in the same manner as other ordinances.

If the provisions of two or more ordinances adopted or approved at the same election conflict, the ordinance receiving the highest affirmative vote shall prevail.

Ordinances passed as emergency measures shall be subject to referendum in like manner as other ordinances, except that they shall go into effect at the time indicated in such ordinances. if, when submitted to a vote of the electors, an emergency measure be not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder: but such measure so repealed shall be deemed sufficient authority for payment, in accordance with the ordinance, of any expense incurred previous to the referendum vote thereon.

In case a petition be filed requiring that a measure, passed by the Commission, providing for a franchise, an expenditure of money, a bond issue, or a public improvement, be submitted to a vote of the electors, all steps preliminary to the actual granting of such franchise, to such actual expenditure, actual issuance of bonds, or actual execution of a contract for which improvement may be taken prior to the election, but nothing shall be done which will bind the City by the action of the Commission.

Any franchise, ordinance, resolution, proposed public improvement, or contemplated public measure, affecting the general health or welfare of the City, passed by the Commission, may be referred by the Commission to the qualified electors of the City: and no measure so referred shall become operative unless approved by a majority of the electors voting thereon.

In all judicial proceedings it shall be sufficient to plead any ordinance by number or title, or by the number of section or sections, and it shall not be necessary to plead the entire ordinance or section.

Judicial notice shall be taken of the enactment, existence, provisions and continuing force of all ordinances of the City.

The fiscal year of the City shall begin October 1.

The revenues of the City shall be divided among such funds as the City Commission may determine, which shall, however, include:

Contingent fund to defray contingent and other expenses for the payment of which from some other fund no provision is made.

Interest and sinking fund to defray expenditures for the payment of the public debt and interest thereon.

Special assessment fund to defray expenditures from moneys raised by special assessments for public improvements.

On or before August 1 of each year the City Manager shall submit to the City Commission an estimate of the contemplated expenditures and revenues for the ensuing year and on or before August 20 following, the City Commission shall determine the amount and purpose of the necessary expenditures for such year and shall adopt a resolution fixing the amount of appropriations to be made therefor.

The aggregate amount which the City Commission may raise by general tax upon the taxable real and personal property in the City, for the purpose of defraying the general expenses and liabilities of the corporation, and for all purposes provided by law for cities of the fourth class (exclusive of taxes for school purposes) shall not, except as herein otherwise provided, exceed in one year, one and one-fourth percent.

(Amend. of 11-2-2004)

State Law reference— Mandatory that charter provide for annual appropriation of money, MCL 117.3(f).

The City Commission may also raise by tax in each street district for defraying the expenses of working upon, improving and repairing and cleaning the streets of the district and for all purposes for which the street district fund above mentioned is constituted, a sum not exceeding in any one year one-fourth of one percent on the assessed value of the taxable real and personal property in the district.

In addition to the above amounts, the City Commission may raise by special assessment in sewer districts and special assessment districts for the purpose of grading, paving, curbing, graveling and otherwise improving the streets, and for constructing sewers and drains and making other local improvements chargeable upon the lands and property in the district according to frontage or benefits, and for all other purposes for which the main sewer funds and special assessment funds are constituted, such sums as they shall deem necessary, but not exceeding in any one year five percent on the assessed value of the property in the sewer district, or special assessment district, as the case may be, as shown by the last preceding assessment rolls of the City.

A tax or assessment of not more than two dollars per year may be levied upon each lot or premises drained by a private sewer or drain leading into any public drain or sewer.

The City Commission may also raise such further sum annually, not exceeding three mills on the dollar, of the assessed valuation of the property in the City, as may be necessary to provide an interest and sinking fund to pay the funded debts of the City and the interest thereon.

It shall be the duty of the City Clerk to forward all registered mail a certified copy of the appropriation ordinance to the County Clerk of St. Joseph County before the first Monday in October each year.

All moneys received, regardless of the source from which they come, shall be paid to the City Treasurer, shall be entered in the property fund relating to the purpose for which the), are designed to be used, and shall be applied only to such purpose.

All money's belonging to special assessment funds to the interest and sinking fund shall be kept separate from all other moneys.

No transfer shall be made from one fund to another, provided, however, that where there is an unappropriated balance in the contingent fund said unappropriated balance may be transferred from that fund to any other, and provided further, that the receipts from any utility owned by the City of Sturgis shall be applied and used for the operation and maintenance of said utility, the payment of bonds outstanding that were issued for its construction, the interest on said bonds, and a reasonable sum for depreciation, the residue remaining of said receipts may in the discretion of the City Commission be used for the payment of other bonded indebtedness, public improvements or the general expenses of the City, anything otherwise provided in this Charter notwithstanding.

No warrant shall be drawn on the City Treasury against any fund which after deducting all prior warrants thereon has not a sufficient amount therein to pay such warrant.

If any Commissioner shall vote for a transfer of funds or for the use of moneys or if the City Clerk shall draw or sign any warrant contrary to the provisions of this charter he shall be at once subject to removal from his office and shall be ineligible to hold any office in the City of Sturgis for the period of one year thereafter. If the City Commission shall fail to make such removal within thirty days after such fact is known, any elector may apply to the Circuit Court for the County of St. Joseph on the law or chancery side as the case may be, to compel the removal of such officer.

Payments by the City shall be made only on vouchers certified by the head of the appropriate department or other division of the City government and by warrants on the City Treasury issued by the City Clerk and countersigned by the Mayor.

The City Commission shall borrow no money and issue no bonds unless authorized by the electors of the City at an election wherein the question is lawfully submitted.

The City Commission is hereby authorized to borrow money and issue bonds for the payment therefor for the following purposes:

To pay for any public improvement in anticipation of a special assessment lawfully authorized at or prior to the time such. loan is made and to be paid from the proceeds of such assessment.

To pay the City's share for the cost of water mains, street and sewer improvements, not to exceed the sum of $5,000.00 in any one year, but no sum shall be borrowed for such purpose in excess of 75 percent of the cost of such improvement nor for a longer time than ten years, the bonds issued therefor shall be paid at maturity.

For emergency purposes in accordance with the provisions of the Home Rule Act of the State of Michigan.

For the renewal of bonds falling due from time to time the payment of which at maturity is not required by this charter or by the laws of the State of Michigan.

To pay any judgment or decree that shall have been rendered against the City for the payment of which there are no available funds.

The City Commission shall also have authority to raise moneys by loan in anticipation of the receipts from special assessments for the purpose of defraying the costs of the improvement for which the assessment was levied. Such loan shall not exceed the amount of the assessment for the completion of the whole work.

Should any greater amount be required in any year for the purpose of erecting public buildings, or for the purchase of ground therefor, or for other public improvements or purposes, to be paid for from the general funds of the City than can be raised by the City Commission under the foregoing provisions of this charter, such amount may be raised by tax or loan, or partly by tax and partly by loan, if authorized by two-third of the electors voting upon the question at an annual City election or special election called for such purpose. The amount that may be voted or raised in any year under the provisions of this section, shall not exceed two percent of the assessed valuation of the property in the City as shown by the last preceding tax rolls made therein.

The proposition to raise such additional amount shall be submitted to a vote of the electors by an ordinance or resolution of the City Commission, distinctly stating the purpose of the proposed expenditures, the amount proposed to be raised therefor, and whether by tax or loan. Such ordinance or resolution shall be passed, and published in one or more of the newspapers of the City, and copies thereof posted in five of the most public places in each voting precinct of the City, at least two weeks before the election at which the vote is to be taken. Such vote shall be by ballot.

No loans shall be made by the City Commission or by its authority, in any year exceeding the amounts prescribed in this act. For any loans lawfully made, the bonds of the City may be issued bearing a legal rate of interest. A record showing the dates, numbers and amounts of all bonds issued, and when due, shall be kept by the City Clerk. When deemed necessary by the City Commission to extend the time of payment, new bonds may be issued in place of former bonds falling due, in such manner as merely to change, but not increase the indebtedness to the City. Each bond shall show upon its face the class of indebtedness to which it belongs, and from what fund it is payable.

The City Commission shall make provision for a sinking fund with which to pay at maturity all bonds issued by the City, except serial bonds, which fall due annually.

Unless said City Commission shall make provisions for a sinking fund as specified in the preceding section it shall be unlawful for said Commission to issue any bonds or for the Mayor to sign the same, and all bonds issued without the Commission making provisions for a sinking fund to take care of said proposed issue of bonds shall be absolutely void.

The limit for borrowing of money on the credit of the City shall be governed by the laws of the State of Michigan unless otherwise expressly provided in this charter.

All details as to the terms and form of bonds and the issue thereof shall be determined by the City Commission.

The Commission shall have authority to adjust and settle all accounts and claims against the City, and no suit or action shall be maintained against the City on any account or claim until the same shall have been presented to the Commission, and said Commission shall have an opportunity to pass upon the same. The City of Sturgis shall not be liable to respond to any action or proceeding to collect any account or claim of any kind against the City for any greater amount than that named and set forth in the account or claim presented as herein provided. In all cases of claims against said City for personal injuries or otherwise, the party having the claim shall present the claim to the Commission in detailed form, giving all the substantial facts upon which the same is based, and shall present to the Commission, at such time and place as shall be convenient, for the Commission, and not exceeding thirty days from the time of presentation of the claim, all the evidence in his possession or of which he or his attorney has knowledge, tending to prove the facts in the case, and submit the same to the full and complete examination of said Commission. Provided, that said hearing may be adjourned from time to time to suit the convenience of the parties, not exceeding thirty days more than herein provided; and it shall be a sufficient and complete defense to any action or proceeding for the collection of any such claim or demand against the City, that such claim or demand and the evidence upon which the same is based, has not been presented as hereinbefore provided. All claims for damages against the City growing out of the negligence or default of said City, or any officer or employee thereof, shall be presented to said Commission in the manner above provided, within sixty days after such claim shall arise, and in default thereof, such claims shall thereafter be forever barred; provided, in all cases of damages sustained by any person either by bodily injuries or to his property, because of the defective condition of any highway, street, bridge, sidewalk, crosswalk, or culvert in said City, where provision for notice and production of witnesses is otherwise made by the general laws of the State, this section shall not apply.

Editor's note— Insofar as the above section relates to tort liability, it is superseded by MCL 691.1401 et seq.

All the provisions of the General Tax Law of the State of Michigan except as herein otherwise provided, shall apply to and control the assessment of property and the collection of taxes in the City of Sturgis and the taxing officers of the City shall have the same powers and shall be subject to the same duties as like officers under that law. All officers of the City shall take notice of said law and comply therewith.

The Board of Review shall consist of the City Assessor, who shall be an ex-officio member and shall have no vote, and three (3) residents of the City of Sturgis, who shall be registered electors of the City and who shall be appointed by the City Commission for a term of two (2) years. The said board shall meet on the third Monday in May in each year, at the rooms of the City Commission in such City, at nine o'clock in the forenoon, of which time and place notice shall be given by the Clerk at least two weeks prior to the time of meeting, by publishing a notice thereof in one or more of the newspapers of said City, and also by posting the same in three public places in each voting precinct of said City, at which time and place the City Assessor shall submit to said board his assessment roll. They shall select one of their number as chairman, and shall continue in session at least four days, successively, and as much longer as may be necessary, to complete the review, and at least six hours in each day, during said four days or more; and any person or persons desiring so to do, may examine his, her or their assessment on said roll, and may show cause, if any exists, why the valuation thereof should be changed and the said board shall decide the same, and their decision shall be final. They may examine on oath any person touching the matter of his or her assessment, and the chairman or any member of said board may administer oaths. They shall keep a record of their proceedings, and all changes made in said roll, and the amount added to or deducted from the total valuation shall be entered upon such record, which record shall be deposited with the City Clerk who shall be clerk of said board. The decision of a majority of the members of said board upon all questions shall govern. The roll as prepared by the City Assessor shall stand as approved and adopted as the act of the Board of Review, except as changed as herein provided. Said board shall have the same power and perform the same duties in all respects as Boards of Review of townships, in reviewing and correcting assessments made by supervisors of townships, except as herein otherwise provided. After said Board of Review shall have completed the revision of said roll, the Clerk shall endorse and sign a statement upon said roll, to the effect that the same is the general assessment roll for the year in which it has been prepared, as approved by the Board of Review. Such statement may be in the following form (viz.):

STATE OF MICHIGAN,

County of St. Joseph,

City of Sturgis.

I hereby certify that the Board of Review and equalization of the City of _______ has reviewed, equalized and corrected the within assessment roll, and have deducted (or added, as the case may be) _______ dollars from (or to, as the case may be) the valuation of the real estate made by the City Assessor, and have determined the aggregate value of such real estate to be _______ dollars, and the total value of the personal estate to be dollars for the year A.D. _______

Date _______

Upon the completion of such roll, and its endorsement in manner aforesaid, it shall be returned to the City Assessor, and shall be conclusively presumed by all courts and tribunals to be valid, and shall not be set aside except for causes mentioned in the general laws of the State, relating to the assessment of property and the levy and collection of taxes thereon. The omission of such endorsement, however, shall not affect the validity of any such roll.

State Law reference— Board of review, MCL 211.28—-211.33, 211.107.

On or before the fourth Monday in May in each year the City Clerk shall make and deliver to the assessor a certified copy of the annual appropriation resolution and a statement of all other taxes which are, or hereafter may be, collected with the City taxes. The assessor shall cause the amount of all City taxes, and all other taxes to be collected at the time of collecting City Taxes, to be levied in the rolls upon all taxable property in the City and shall deliver the rolls together with his warrant to the City Treasurer on or before the 1st day of July for the collection of such taxes.

The assessor in assessing the taxes shall place in a separate column those included in the interest and sinking fund. The warrant annexed to the roll shall command the City Treasurer to collect from the several persons named in the said Roll the several sums set opposite their names and to pay over and account for all moneys collected and specified in said roll on or before the 15th day of August next following. Said warrant shall authorize the treasurer in case any person shall neglect to pay his taxes to levy the same by distress and sale of the goods and chattels of such person. All taxes levied in any tax roll shall be and remain a lien upon the land and property upon which they were levied until paid.

The treasurer shall take no collection fee on taxes paid prior to the 15th day of August, on taxes paid on or after the 15th day of August and before the 15th day of September he shall collect two percent, and on all sums paid after the 15th day of September he shall collect four percent. The assessor shall, at the time fixed in the general tax law, levy in the December roll such City and other taxes as were not paid on or before the 15th of November next following the levy of such taxes, together with interest thereon from July 1st to December 1st at one percent per month placing said interest under "Penalty" column and it shall be treated in all respects as an item of taxes.

State Law reference— Interest on unpaid taxes, MCL 211.44.

The right to make public improvements and public works for municipal purposes and to acquire lands therefor either within or without the City by gift, purchase or condemnation, shall be exercised by the City Commission subject only to the limitations of the laws of the State and of this charter.

The cost of all public improvements that benefit the City as a whole, and the cost of paving or improving street and alley intersections and such portion of the cost of the construction of water mains, main or lateral sewers, as the City Commission may determine to be just shall be defrayed from public funds.

If, in the judgment of the City Commission, any such improvement made by it shall confer special benefit on any property in addition to that conferred on the City as a whole, Such part of the cost thereof as the City Commission shall consider just shall be levied as a special assessment against such property.

The City shall have the power to use, control and regulate the streets, alleys, and public grounds of the City and the spaces above and below the same, subject only to the laws of the State and the limitations of this charter, but no use thereof shall be granted that shall be exclusive or inconsistent with the public interests.

State Law reference— Charter may provide for the use, regulation, improvement and control of the surface of its streets, alleys and public ways, and of the space above and beneath them, MCL 117.4h(1).

No street shall be paved until all water pipes, sewer pipes, and other conduits or subterranean works necessary or proper for the people along the street shall first have been laid and the City Commission shall not allow after the laying of any pavement any opening to be made therein for the purpose of laving or connecting with any such pipes or subterranean works, but at the time such works or pipes are laid suitable connections shall be installed and shall extend beyond the pavement.

The City Commission shall have power to make any public works or improvement by the employment of necessary labor and the purchase of necessary supplies and materials, or to do the same by contract duly let which shall be after competitive bidding in case the cost thereof shall exceed .5 mils of the assessed value of the real and personal property in the City as shown by the last preceding tax roll.

(Amend. of 11-5-1991; Amend. of 11-2-2004)

The City Commission shall have power to approve all plats of land within the City whether private or public and to prohibit and prevent the sale of lots by use of plats in which the streets therein contained shall not conform in width and location to the streets of the City in that locality.

Editor's note— The above section is obsolete in light of MCL 560.101 et seq.

When, by the provisions of this charter, the cost and expense of any local or public improvement may be defrayed in whole or in part by special assessment upon the lands abutting upon, or adjacent thereto, or otherwise benefited by the improvement, such assessment may be made as in this charter provided.

In all cases, public improvements shall be made in the discretion of the City Commission, except as herein otherwise provided.

When the City Commission shall determine to make any public improvement or repairs, and defray the whole or an), part of the cost and expense thereof by special assessment, they shall so declare by resolution, stating the improvement, and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, shall be appropriated from the general funds of the City, and shall designate the district or lands and premises upon which the special assessment shall be levied.

Before ordering any public improvement or repairs, any part of the expenses of which is to be defrayed by special assessment, the City Commission shall cause estimates of the expenses thereof to be made, and also plats and diagrams of the work and of the locality to be improved, and deposit the same with the City Clerk for public examination; and they shall cause notice thereof, and of the proposed improvement or work, and of the district to be assessed, and of the time when the City Commission will meet and consider any objections thereto to be published once in each week for two successive weeks, immediately preceding the time of such meeting, in one of the newspapers of said City. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered, except by the concurrence of four-fifths of the City Commissioners elect.

Editor's note— The provisions of MCL 211.741 et seq. govern notices of special assessments and supersede charter provisions to the contrary.

Eliminated by amendment 11/7/1922.

Special assessments to defray the estimated cost of any improvement shall be levied before the making of the improvement.

When any special assessment is to be made pro rata upon the lots and premises in any special district, according to frontage or benefits, the City Commission shall, by resolution, direct the same to be made by the City Assessor; and shall state therein the amount to be assessed, and whether according to frontage or benefits; and describe or designate the lots and premises or locality constituting the district to be assessed.

If there shall be included in any special assessment district, lots belonging to the City, school buildings, or other public buildings or public grounds not taxable, such part of the expense of such improvement as in the opinion of the Commission or City Assessor making the special assessment, would be justly apportionable to such public grounds, buildings and City property, and to any interior squares or places formed by intersection of streets, were they taxable, shall be paid from the general fund, or from the proper street district fund, or partly from each, as the Commission shall determine to be just.

Upon receiving such order and direction, the City Assessor shall make out an assessment roll, entering and describing therein the lots, premises and parcels of land to be assessed, with the names of the persons, if known, chargeable with the assessment thereon; and shall levy thereon and against such persons the amount to be assessed, in the manner directed by the City Commission and the provisions of the charter applicable to the assessment. In all cases where the ownership of any description is unknown to the Assessor, he shall, in lieu of the name of the owner insert the word "Unknown," and if by mistake or otherwise, any person shall be improperly designated as the owner of any lot, parcel of land or premises, or if the same shall be assessed without the name of the owner, such assessment shall not for any such cases be vitiated, but shall, in all respects, be as valid a claim upon and against such lot, parcel of land or premises, as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed, be a lien upon such lot, parcel of land or premises, and be collected as in other cases.

If the assessment is required to be according to frontage, the assessor shall assess to each lot or parcel of land such relative portion of the whole amount to be levied as the length of front such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed, unless on account of the shape or size of any lot, an assessment for a different number of feet would be more equitable. If the assessment is directed to be according to benefits, he shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionable to the estimated benefit resulting to such lot from the improvement. When the City Assessor shall have completed the assessment he shall report the same to the City Commission, such report to be signed by the Assessor, and may be in form of a certificate, endorsed on the assessment roll, as follows:

STATE OF MICHIGAN,

County of St. Joseph,

City of Sturgis.

To the City Commission of the City of Sturgis:

I hereby certify and report that the foregoing is the special assessment roll, and the assessment made by me pursuant to a resolution of the City Commission of said City, adopted (give date) for the purpose of paying that part of the cost which the City Commission decided should be paid and borne by special assessment for the (here insert the object of the assessment); that in making such assessment I have, as near as may be, and according to my best judgment, conformed in all things to the directions contained in the resolution of the City Commission hereinbefore referred to, and the charter of said City relating to such assessments.

When the special assessment shall be reported by the City Assessor to the City Commission, as in this charter directed, the same shall be filed in the office of the City Clerk, and numbered consecutively. Before adopting such assessment the City Commission shall cause notice to be published once in each week for two successive weeks, in some newspaper of the City, of the filing of the same with the City Clerk, and appointing a time when the City Commission and the City Assessor will meet to review said assessment. Any person objecting to the assessment may file his objection thereunto in writing with the City Clerk. The notice provided for in this section may be addressed to the persons whose names appear upon the special assessment roll, and to all others interested therein, and may be in the following form:

NOTICE OF SPECIAL ASSESSMENT

To (insert the names of the persons against whom the assessment appears) and to all other persons interested.

Take Notice:

That the roll of special assessment hereinbefore made by the City Assessor for the purpose of defraying that part of the cost which the City Commission decided should be paid and borne by special assessment for the (insert the object of the assessment and locality of the proposed improvement in general terms) is now on file in my office for public, inspection. Notice is also given that the City Commission and the City Assessor of the City of Sturgis will meet at the Commission rooms in said City on (insert the date fixed upon) to review said assessment (at which time and place, opportunity will be given all persons interested to be heard

Editor's note— The provisions of MCL 211.741 et seq. govern notices of special assessments and supersede charter provisions to the contrary.

At the time and place appointed for the purpose aforesaid, the City Commission and the City Assessor shall meet and there or at some adjourned meeting review the assessment, and shall hear any objections to any assessment which may be made by any person deeming himself aggrieved thereby, and the City Commission may correct said roll as to any assessment or description of premises appearing therein, and may confirm it as reported or corrected; or they may refer the assessment back to the Assessor, or annul it and direct a new assessment, in which case the same proceedings shall be held as in respect to the previous assessment. When a special assessment shall be confirmed, the City Clerk shall make an endorsement upon the roll showing the date of confirmation.

When any special assessment shall be confirmed by the Commission it shall be final and conclusive.

All special assessments shall, from the date of confirmation thereof, constitute a lien upon the respective lots or parcels of land assessed, and shall be charged against the person to whom assessed until paid.

Upon the confirmation of any special assessment the amount thereof may be divided into not more than ten installments, one of which shall be collected each year, at such times as the City Commission shall determine, with annual interest at a rate not exceeding six percent per annum; but the whole assessment after confirmation may be paid to the City Treasurer at any time in full, with proportionate interest thereon.

All special assessments, except such installments thereof as the City Commission shall make payable at a future time, as provided in this chapter, shall be due and payable on confirmation.

If any special assessment be divided into installments, it shall not be necessary to make a special assessment roll for each installment, but the assessment on the original assessment roll shall be divided into installments, and each installment as the same becomes due with the accrued interest upon all unpaid installments shall be collected from said original assessment roll.

Should any special assessment prove insufficient to pay for the improvement or work for which it was levied, and the expenses incident thereto, the City Commission may, within the limitations prescribed for such assessments, make an additional pro rata assessment to supply the deficiency; and in case a larger amount shall be collected than necessary, the excess shall be refunded ratably to those by whom it was paid.

Whenever any special assessment shall in the opinion of the City Commission 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 City Commission shall, whether the improvement has been made or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All proceedings on such re-assessment, 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 premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the re-assessment on said premises and the re-assessment shall to that extent be deemed satisfied.

No judgment or decree, nor any act of the City Commission 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 lawfully assessed thereon.

When any special assessment shall be confirmed, and be payable as hereinbefore provided, the Mayor shall, within ten days thereafter, attach his warrant for the collection thereof of said special assessment roll, therein commanding the City Treasurer to collect from each person the amount assessed to and set opposite his name therein; and in case any person named in said roll shall neglect or refuse to pay his assessment on demand, then to levy and collect the same by distress and sale of goods and chattels of such person, and return said roll and warrant, together with his doings thereon, within sixty days front date of warrant.

Upon receiving said special assessment roll and warrant, the City Treasurer shall proceed to collect the amounts assessed thereon. If any person shall neglect or refuse to pay his assessment on demand, the City Treasurer shall seize and levy upon any personal property found within the City, or elsewhere within the county or any adjoining county, belonging to such person, and sell the same at public auction, first giving six days' notice of the time and place of such sale, by posting such notices in three of the most public places in the City where such property may be found. The proceeds of such sale, or so much thereof as may be necessary for that purpose, shall be applied to the payment of the assessment, and a percentage of six percent upon the amount of the assessment. for the costs and expenses of said seizure and sale and the surplus, if any, shall be paid to the person entitled thereto.

The Treasurer shall make return of said assessment roll and warrant to the City Clerk, according to the requirements of the warrant, and if any of the assessments in said roll shall be returned unpaid, the Treasurer shall attach to his return a statement, verified by affidavit, containing a list of the persons delinquent, and a description of the lots and premises upon which the assessments remain unpaid and the amount unpaid on each.

Said warrant may be renewed from time to time by the City Clerk, if the Commission so direct, and for such time as they shall determine, and during the time of such renewal the warrant shall have the same force, and the City Treasurer shall perform the same duties and make the like returns as above provided. In case any assessment shall be finally returned by the City Treasurer unpaid, as aforesaid, the same may be certified to the Assessor in the manner provided by law, and then shall be reassessed with included at the rate of six percent from the date of confirmation of the assessment until the first day of January next, in the next City tax roll, and be collected and paid in all respects as provided by law.

At any time after a special assessment has become payable, the same may be collected by suit, in the name of the City, against the person assessed, in an action of assumpsit, in any court having jurisdiction of the amount. In every Such action a declaration upon the common count for money paid shall be sufficient. The special assessment roll, and certified order or resolution confirming the same, shall be prima facie evidence of the regularity of all the proceedings in making the assessment, and of the right of the City to recover judgment therefor.

State Law reference— Assumpsit to collect special assessments, MCL 211.501 et seq.

If in any such action it shall appear that by reason of any irregularities or informality, the assessment has not been properly made against the defendant, or upon the lots or premises sought to be charged, the court may, nevertheless, on satisfactory proof that expense has been incurred by the City, which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant, or upon such lot or premises against which the assessment was made until paid, and may be enforced by levy and sale on execution on the said lot or premises and such other property of the defendant as may be sufficient to satisfy said judgment and costs.

It shall be within the power of the Commission to direct and empower the Mayor and City Clerk to issue and negotiate, for and in behalf of the City, not exceeding six percent annual interest notes, free of taxation, for the aggregate amount of any special assessment tax, the time for the payment of which has been extended beyond the year of the original warrant for their collection: such notes shall be made payable at the office of the City Treasurer, and shall fall due at such times as the Commission shall determine such tax can be collected, and the proceeds of such notes shall be deposited with the City Treasurer, and by him disbursed on the order of the Commission, in payment of the cost and expense of public improvement, on account of which they have been issued, and for no other purpose whatever, and the proceeds of such extended tax, when collected, shall be used for the payment of said notes and for no other purpose.

The Commission shall have the power by four-fifths vote of all the members elect, to remit any and all tax to any person or upon any property liable for such tax, when in the judgment of the Commission such action is for the best interests of the public, and it shall be the duty of the City Clerk and City Treasurer to execute the order of the Commission so passed.

The power to grant public utility franchises, rights or privileges and to renew, extend or alter the same shall be exercised by ordinance to be adopted by a two-thirds vote of the members of the City Commission elect and to be approved by a three-fifths vote of the electors of the City voting thereon.

(Amend. of 11-2-2004)

Such grant shall be exercised according to the conditions and limitations contained in this chapter and in the constitution and laws of the State, and every grant, extension, renewal, alteration or amendment of any franchise which shall not conform to such limitations and conditions shall be void.

No franchise shall be granted by the City for a longer period than thirty years. No license shall be granted by the Commission for a longer term than one year.

State Law reference— Franchises limited to 30 years, Mich. Const. (1963) art. XVII, § 30.

No franchise or grant, which is not revocable at the will of the Commission, shall be granted or become operative until the same shall have been referred to the electors at a general or special election, and shall have received the approval of three-fifths of the electors voting thereon at such election.

State Law reference— Irrevocable franchises to be submitted to voters for approval, Mich. Const. (1963) art. XVII, § 25.

No persons, firm or corporation shall ever be granted any exclusive franchise, license, right or privilege whatever, and no franchise shall be renewed before one year prior to its expiration.

No franchise granted by the City shall ever be leased, assigned, or otherwise alienated except in accordance with the express provisions of the said franchise, and all franchises granted by the City shall provide how, and in what manner, and under what conditions said franchise may be leased, assigned or alienated; and no dealing with the lessee or assignee on the part of the City, which shall recognize the performance of any act or payment of any compensation by the lessee or assignee, shall be deemed to have operated as such consent.

No change or modification of any franchise or grant of rights or powers previously granted to any corporation, firm, person or association of persons shall be made except in the manner and subject to all the conditions herein provided for, for the making of original grants and franchises.

The City shall have the right to license and impose a license fee on street cars, telephones, gas meters, electric meters, water meters, or any other device used for measuring service, also telephone, telegraph, electric light and power poles and wires. All said license fees shall be exclusive of and in addition to other lawful taxes upon the property of the holder thereof.

No franchise, lease, or rights to use the streets or the public places or property of the City shall be granted by the City without fair compensation to the City therefor. Where the franchise, lease or grant fixes the rate of fare or the price of service rendered or commodity furnished by the grantee, such rate of fare or price of service or commodity furnished shall be subject to review and change at the end of every five year period during the life of said franchise shall be provided. No such compensation during the life of said franchise in such manner and form in said franchise shall be provided. No such compensation by any such grantee shall ever be in lieu of any lawful taxation upon its property, or of any license or charges which are not levied on account of such use.

The Commission shall by ordinance provide for sufficient inspection and regulation of all public utilities operated in the City, and to that end shall provide means for the inspection of the quality and pres,sure of the gas furnished to consumers, the candle power, voltage and insulation of electric wires, heat and power furnished the City and its inhabitants, and the inspection and installation of meters for registering the consumption of any commodity sold by any grantee operating under any franchise, grant or license from the City of Sturgis or the State of Michigan, it being the intention of this section to provide means for securing to the City efficient service from all public utilities operated in the City, and the proper observance by such operators of the conditions imposed by their respective franchises, and by the ordinances of the City and the laws of the State.

The City of Sturgis shall have authority to purchase or construct new and to maintain and extend existing waterworks for the introduction of water into such City, and supplying the same and the inhabitants thereof with pure and wholesome water for the ordinary and extraordinary uses of the inhabitants thereof, the extinguishment of fires and for such other purposes as the City Commission may prescribe.

The City of Sturgis may acquire, purchase, erect and maintain such reservoirs, canals, aqueducts, sluices, buildings, engines, water wheels, pumps, hydraulic machines, distributing pipes and other apparatus, appurtenances and machinery, and may acquire, purchase, appropriate and own such grounds, real estate, rights and privileges as may be necessary and proper for the securing, construction and maintenance of such water-works.

It shall be lawful for the City Commission of this City acting under the provisions of this charter and the laws of this charter to borrow any such of money not exceeding five percent of the assessed value of the property in said City, as shown by the last preceding tax roll, to be used exclusively for the purpose of purchasing, constructing or extending water-works, as provided in the two preceding sections. The City Commission shall have the power to fix the time and place of the payment of the principal and interest of the debt contracted under the provisions of this chapter, and to issue bonds of the City therefor, but the rate of such interest shall not exceed six percent per annum, and such bonds shall not be sold for less than their par value; provided, that the total amount expended for constructing, purchasing, or extending such water-works shall not exceed the estimate of expense provided for in section four of this chapter.

Before any money shall be borrowed, appropriated, raised or expended for the purchase. construction or extension of water-works in this City, the City Commission shall direct the City Manager to Cause to be made an estimate of the expense thereof, and the question of raising the amount required for such purpose shall be submitted to the electors of the City at its next annual election or at a special election called for that purpose by the City Commission as provided in this act, and shall be determined as two-thirds of the electors voting at Such election by ballot shall decide: provided, however, the City Commission may raise and expend in making repairs or alterations or in extending such works, such sum as they may see fit, without submitting the question to the electors of the City, but the sum to be raised for such purpose shall be included in and shall not increase the total amount which, by the provisions of this charter or the laws of this State, the City Commission is authorized to raise.

The connecting or supplying pipes leading from buildings or yards to the distributing pipes, shall be inserted and kept in repair at the expense of the owner or occupant of the building or yard, and shall not be inserted or connected with the main pipe until a permit therefor shall be obtained from the City Manager. All such connecting or supplying pipes shall be constructed and connected in the manner prescribed by the City Commission.

The City Manager shall annually, on or before September 1st, establish a scale of rates to be charged and paid for supply of water for the year next ensuing, to be called water rates, which rates shall be approved by the City Commission, and said scale shall be appropriate to different classes of buildings in the City, with reference to their dimensions, value, exposure to fires, ordinary or extraordinary uses for dwellings, stores, shops, hotels, factories, garages, barns and all other buildings, establishments and trades, yards, number of families or occupants or consumption of water, as near as may be practicable, and from time to time, either modify, amend, increase or diminish such rates.

(Amend. of 11-2-2004)

The City Commission may enact such ordinances and adopt such resolutions as may be necessary for the care, protection, preservation and control of the water-works and all the fixtures, appurtenances, apparatus, buildings and machinery connected therewith or belonging thereto, and to carry into effect the provisions of this chapter and the powers herein conferred in respect to the construction, management and control of such water-works.

When the City Commission shall deem it for the public interest, such water-works may be purchased, or may be constructed and maintained beyond the corporate limits of the City; and in such case the City Commission shall have authority to enforce beyond the corporate limits of the City, within the county or counties in which such City is situated, and over the buildings, machinery and other property belonging to and connected with such water-works, in the same manner and to the same extent as if they, or it, were within the city, all such ordinances and police regulations as may be necessary for the care, protection, preservation, management and control thereof.

For the purpose of operating, constructing, maintaining or extending such water-works, the City shall have the right to lay conduits, pipes, aqueducts or other necessary works over or under any water-course, or under and along any street, alley, lane, turnpike, road, railroad or highway within such City, but not in such manner as to obstruct the same or impede or prevent travel thereon; and the City authorities may at all times enter upon and dig up such street, alley, road or highway to lay pipes thereon, or to construct works beneath the surface thereof, but they shall cause the surface of such street, alley, road or highway to be relaid and restored to its usual state, and any damage done thereto to be repaired, and such right shall be continuous for the purpose of repairing and relaying water pipes upon like conditions.

If it shall be necessary, in the judgment of the City Commission, to appropriate private property either within or without the City for the construction and maintenance or for the due operation of waterworks, the right to occupy and hold the same, and the ownership therein and thereto may be acquired by the City in the manner and with like effect as provided in this charter for the taking of private property for public use.

The City of Sturgis acting under the provisions of this charter and the laws of this State shall have authority to acquire by purchase or to construct, operate and maintain, either independently or in connection with the water-works of such City, either within or without the City, works for the purpose of supplying such City and the inhabitants thereof, or either, with gas, electric or other lights at such times and on such terms and conditions as hereinafter provided.

Whenever the City Commission of this City shall, by resolution, declare that it is expedient for such City to acquire by purchase, or to construct, as the case may be, works for the purpose of supplying such City and the inhabitants thereof, or either, with gas, electric or other lights, then such City Commission shall have power to take such action as shall be deemed expedient to accomplish such purpose.

In case the City Commission shall declare that it is expedient for such City to acquire by purchase or to construct, as the case may be, works for the purpose of supplying such City and the inhabitants thereof, or either, with electric or other lights, their the City Commission shall direct the City Manager to cause to be made and recorded in their proceedings an estimate of the expense thereof, and the question of raising the amount required for such purpose shall be submitted to the electors of the City at its annual election, or at a special election called for that purpose by the City Commission as provided in this charter and shall be determined as two-thirds of the electors voting at Such election by ballot shall decide.

It shall be lawful for any such City to borrow any sum of money not exceeding five percent of the assessed value of the property in said City as shown by the last preceding tax roll, to be used exclusively for the purpose of purchasing or constructing and maintaining such lighting works as provided in the preceding sections of this chapter. The City Commission shall have power to fix the time and place of the payment of the principal and interest of the debt contracted under the provisions of this chapter, and to issue bonds of the City therefor, but the rate of such interest shall not exceed six percent per annum, and such bonds shall not be sold for less than their par value; provided, that the total amount expended for the purchase or construction of such lighting works shall not exceed the amount of the estimate of expense thereof provided for in section three of this chapter.

The City Commission shall have authority to raise and expend in making repairs or alterations or in extending such works such sum as it may deem advisable without submitting the question to the electors of the City of Sturgis and such sum to be so raised in any one year shall be included in the annual approbation bill and shall not increase the amount to which by the provisions of chapter fourteen of this charter the City Commission is authorized to raise.

The City Commission shall have the power to fix such just and equitable rates as may be deemed advisable for supplying the inhabitants of said City with lights and shall annually on the first Monday in June fix rates for the year next ensuing.

If it shall be necessary in the judgement of the City Commission to appropriate private property either within or without the City for the construction and maintenance or for the due operation of lighting works the right to occupy and hold the same, and the ownership therein and thereto may be acquired by the City in the manner and with like effect as provided in this charter for the taking of private property for public use.

The City Commission may enact such ordinances and adopt such resolutions as may be necessary for the care, protection, preservation and control of the lighting works, and all the fixtures, appurtenances, apparatus, buildings and machinery connected therewith or belonging thereto, and to carry into effect the provisions of this chapter, and the powers herein conferred in respect to the erection, purchase, management and control of such works.

The City Commission in enacting such ordinances and adopting such resolutions as provided in section eight of this chapter shall be limited only by the laws of this State and the provisions of this charter.

The entire City including all of its present boundaries shall constitute a single school district. Said school district shall be a body corporate by the name and style of the Public Schools of the City of Sturgis and shall possess the usual powers of corporations for public purposes; and in that name may sue and be sued, and purchase, acquire, hold and dispose of such real and personal property as is authorized to be purchased, acquired or disposed of by the general school laws of the State of Michigan. It being the intention of this charter that the said schools shall be governed and controlled by the general school laws of the State of Michigan applicable to cities.

The Commission shall have power to establish, regulate and maintain a fire department, and make rules and regulations for its government, and by ordinances shall prescribe rules and regulations deemed by it necessary for the prevention of fires.

The fire department shall be under the immediate direction and control of the City Manager, acting under the supervision of the Commission.

The fire department shall consist of a chief, who shall also be fire warden, and such number of other officers and firemen as is deemed necessary, and the Commission shall make rules and regulations for their government and fix their rate of pay.

The Chief of the fire department, and in his absence, the assistant chief at fires, shall be in chief control, and may call on the chief of police to render any assistance that he may require, and shall have all the power and authority of police officer.

The fire warden shall from time to time make an examination of all stoves, furnaces and heating apparatus and devices in all the dwellings, buildings and structures within the City; and in all places where combustible or explosive substances are kept, and to cause all such as are unsafe with respect to fire, to be put in a safe condition as provided by ordinance.

The library, including building and grounds, now belonging to the City of Sturgis or any extensions or additions thereto that may hereafter accrue, shall be under the control and supervision of the City Commission, subject to such rules and regulations as may be prescribed.

The present cemetery belonging to the City of Sturgis or any extension or addition thereto, or any other cemetery grounds that may hereafter be acquired shall be under the control and supervision of the City Commission, subject to such rules and regulations as may he prescribed by the City Commission.

That the cemetery belonging to the City of Sturgis and known as OAKLAWN CEMETERY and any extensions or additions thereto or new cemeteries shall be governed and controlled by a Cemetery Board composed of five members, who shall be, residents of the City of Sturgis, whose term of office shall be five years beginning on the first meeting of the City Commission in the month of May of each year; and whose term shall be five years; provided, however, that in May 1933 one member of said Board to be appointed for one year, one to be appointed for two years and one to be appointed for three years. one to be appointed for four years and one to be appointed for five years, all of said members to hold office for the term mentioned and until their successors are appointed and qualified. That at the first meeting of the City Commission in May, 1931 and the years following one member of said Board shall be appointed by the Commission for the term of five years.

The City shall have the power to take private property for public use and benefit for the following purposes:

(a)

To open highways, streets and alleys for public use and to extend, widen and straighten the same.

(b)

To obtain sites for hospitals, public buildings, structures and parks for said City.

(c)

To open private roads and alleys.

(d)

To lay out and open public squares, spaces, market grounds and parks.

(e)

To locate, place and maintain public sewers, water pipes, gas pipes and electric light and power poles and wires.

(f)

For any other public use or purpose within the scope of its powers. The proceedings for the taking of private property for any of the purposes aforesaid shall be governed by the general laws of the State relative to taking of private property for public use.

State Law reference— Charter may provide for condemnation of property for certain purposes, MCL 117.4e.

The City Commission may regulate and license trades, occupations and amusements within the City boundaries and prescribe the terms and conditions of such licenses, but every license shall terminate on or before May first after it is granted.

State Law reference— Charter may provide for the regulation of trades, occupations, and amusements, MCL 117.4i(d).

It may make a plan of streets and alleys within and for a distance of not more than three (3) miles beyond its limits and require all streets and alleys laid out and dedicated to the public within the territory covered by such plan to correspond therewith.

It may prescribe by ordinance districts within the City which shall be used only for residence purposes and residence districts within which a limited amount of business to be fixed by the ordinance may be allowed and districts within which business trades and occupations may be carried on and make reasonable regulations concerning same.

Editor's note— The above section appears superseded by MCL 125.581 et seq.

State Law reference— Charter may authorize zoning, MCL 117.4i(c).

It may regulate the construction and repair of buildings within the City and establish building lines.

Editor's note— References in the above section to the municipal judge are obsolete. See MCL 600.9921.

It may pay the real estate taxes of any person who in the judgment of the Commission is too poor to pay the same, but in all cases where the Commission shall pay such taxes it shall take and retain a mortgage lien upon the land against which the taxes are assessed, the form of which shall be determined by the City Attorney, and which shall take precedence over all subsequent transfers or incumbrances and shall be recorded and endorsed as other mortgages.

The City Commission may prescribe the terms, conditions and time, not exceeding one year, upon which licenses may be granted and revoked. The City Commission may revoke for punishment by fine or imprisonment, or both, of any person, who without a license, shall exercise any occupation or trade, or do anything for or in respect to which any license shall be required by any ordinance or regulation of the City Commission or this charter.

The City Commission shall have power to investigate charges against any elected or appointed officer of the City, and such other municipal matters as it may deem proper to investigate. To enable said Commission so to do the municipal Judge of the City of Sturgis is authorized, at the request of the City Commission, or the chairman of any investigating committee, to issue subpoenas, or process by warrant, to compel the attendance of persons and the production of documents, books and papers before said Commission or committee; and the Mayor of the City shall have like power to issue such subpoenas and process.

Whenever the City Commission or any committee of the members thereof are authorized to compel the attendance of witnesses for investigation of matters which may come before such Commission or committee, the presiding officer of the Commission or, chairman of such committee, for the time being, shall have power to administer the necessary oaths, and such Commission or committee shall have the same power to compel witnesses to testify as is conferred on justice courts.

Every elective officer before taking office shall take the oath of office prescribed by law and same be filed with the City Clerk, and contain the statement that in his candidacy for nomination and election he has not violated any provisions of the general election laws of the State.

The City Commission in fixing the salary of any officer, clerk or employee, shall determine whether such officer, clerk or employee shall give a bond, and the amount thereof, which bond shall be procured from a surety company authorized to do business under the laws of the State of Michigan. Premiums on official bonds shall be paid to the City.

The City Commission shall not have power to submit a franchise to the electors at either a special or general election unless the expense of holding the election, including the cost of advertising and posting of notices, which expense shall be determined by said Commission shall be paid in advance by the grantee in said franchise to the City Treasurer.

The City reserves to itself the use and control of all streets and alleys, and no grants for the use or occupancy of any portion, except such as are granted in public utility franchises, shall be made for a longer period than one year, and an), revenue derived from such occupancy shall belong and be paid to the City.

After the adoption of this charter, and until the members composing the Commission shall be elected and qualified and organized as a Commission, the Common Council of the City, and all the present boards of the City of Sturgis and the officers and employees under them shall continue to exercise and perform the several duties and have the same power and duties as are given to each of them under the charter that this charter supercedes.

After the organization of the Commission as herein provided, the present common council, consisting of Mayor and Aldermen, the Board of Public Works, the Cemetery Board, and all other boards, except boards and officers of the Public Schools, are hereby each abolished, and all of the rights, powers and duties vested in them are transferred and continued in the Commission, the control and direction of all subordinate officers under them or either of them, are hereby transferred to the Commission, and shall continue until changed by the Commission.

All process against the City shall run against the City in the corporate name thereof and may be served upon the Mayor, City Clerk or any member of the City Commission at such time and in such manner as may be provided by law.

All acts and parts of acts heretofore passed inconsistent with the provisions of this charter, are hereby repealed. Nothing herein contained shall be construed to destroy, impair, or take away any right or remedy acquired by the charter hereby repealed, unless specifically mentioned, and all proceedings commenced under such former charter shall be carried out and completed, and all prosecutions for any offense committed, or penalty or forfeiture shall be enforced in the same manner in all respects and with the same effect as if this charter had not been adopted. Nothing in this section contained shall be so construed as to annul or impair or affect any ordinance, resolution or proceeding of said City not inconsistent with the provisions of this charter, and the same shall continue and be in full force until the same shall be amended or repealed as fully as though this charter had not been adopted.

The City of Sturgis shall have authority, acting in accordance with the provisions of the laws of this State, to purchase the franchise of any corporation supplying gas or heat to the inhabitants of said City.

The City Commission shall have the authority 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 or not; for any act to advance the interest of the City, the good government and prosperity of the municipality and its inhabitants, and through its regularly constituted authority to pass all laws and ordinances relating to its municipal concerns, subject to the constitution and general laws of this State.

No more than two special elections within one year shall be called or authorized by the City Commission.

It shall be unlawful for the City Commission to change the salary or emoluments of any public official after his election or appointment or during his term of office, nor shall the term of any public official be shortened or extended beyond the period for which he was elected or appointed, unless he resign or be removed for cause, where such office is held for a fixed term.

It shall be unlawful to adopt a charter or any amendment thereto, unless approved by a majority of the electors voting thereon; to sell any property of a value in excess of two dollars per capita according to the last preceding United States census, or any park, cemetery, or any real estate used in carrying on a public utility, or any part thereof, or any property bordering on a water front, or vacate any street or public place leading to a water front, or engage in any business enterprise requiring an investment of money in excess of ten cents per capita, or authorize any issue of bonds, except special assessment bonds, refunding bonds, and emergency bonds as defined by this charter, and bonds that it is annually authorized to issue, unless approved by three-fifths of the electors voting thereon at any general or special election.

It shall be unlawful to make any contract with, or give any official position, to one who is in default to the City. Such contract, if made with any person, firm or corporation in default to the City, shall be absolutely void.

It shall be unlawful to issue any bonds without providing a sinking fund to pay them at maturity, but no sinking fund shall be required in case of serial bonds which fall due annually.

All personal property and real estate, franchises, rights, credits and effects whatsoever, and all and every right or interest therein belonging to the City of Sturgis under and by virtue of any former charter, shall fully and absolutely belong to the corporation hereby created, and all demands due and to grow due to the same, shall be continued by this charter, saving, nevertheless, to all and every person his or their just rights therein, and all and singular the estates and rights as aforesaid shall be fully vested in the corporation hereby created and continued, and every person who is or shall be possessed thereof, shall deliver the same to the City of Sturgis with all moneys, deeds, evidence of debt, property, books, papers or records touching or concerning the same when legally required so to do. Said City may bring suit in its corporate name for the recovery of same; and the corporation hereby created and continued shall be liable for and pay all debts due from, or claims, or demands against the City of Sturgis, heretofore existing, and all contracts or agreements heretofore made or entered into by the corporate authorities of the City of Sturgis shall be and the same are hereby made binding and obligatory upon the corporation hereby created and continued.

Upon the adoption of this charter all public records and books of account belonging to the City shall be audited, closed and balanced as of the close of business the last day of February prior to the adoption of this charter. This charter shall become effective immediately following its adoption, and the filing of copies with the Secretary of State and County Clerk as provided by law. This charter, when approved by the governor and the electors of the City of Sturgis as provided by Act 279 of the session laws of 1909 as amended, shall be deemed a public act, and shall be favorably construed in all courts and places whatsoever, and call be altered and changed as provided by the statutes of the State of Michigan.

If any section or part of a section of this charter proves to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other section or part of a section of this charter, unless it clearly appears that such other section or part of a section is wholly or necessarily dependent for its operation upon the section or part of section so held invalid or unconstitutional.

This charter may be amended at any time in accordance with the provisions of the Home Rule Act of the State of Michigan.

All ordinances and resolutions in force at the time of the taking effect of this charter, not inconsistent with its provisions, shall continue in full force and effect until amended, repealed, or until they expire by limitation.

All vested rights of the City shall continue to be vested, and shall not in any manner be affected by the adoption of this charter; nor shall any right or liability, or pending suit or prosecution, either in behalf or against the City, be in any mariner affected by the adoption of this charter, unless otherwise herein expressly provided to the contrary. All contracts entered into by the City or for its benefit prior to the taking effect of this charter shall continue in full force and effect. All public work begun prior to the taking effect of this charter may be continued and perfected hereunder. Public improvements for which legislative steps have been taken under laws in force at the time this charter takes effect, may be carried to completion in accordance with the provisions of such laws.

All officers now holding office or appointment shall continue to hold the same until removed by competent authority or superceded under the laws now in force or under this charter.

This charter shall be submitted for adoption or rejection to a vote of the qualified electors of the City at a special election to be held February 15, A. D. 1921, notice of said election shall be given in the same manner and for the same length of time as is provided in the existing charter and the laws of this State. This Commission is hereby required to deposit at least ninety days before the date of said special election a copy of the charter adopted by this Commission with the City Clerk of the City of Sturgis. The votes cast at said election shall be counted, canvassed and the returns made and the results determined as soon as may be, as provided by the existing charter for counting, canvassing and returning of votes and the determination of the results thereof.

The form of the ballot on submission of this charter shall be as follows:

INSTRUCTIONS—A cross (X) in the square □ before the word "Yes" is in favor of the proposed charter, and before the word "No" is against the proposed charter.

"Shall the proposed charter, drafted by the Charter Commission elected June 14, 1920, be adopted?"

□ Yes.
□ No.

If this proposed charter is adopted, the City Clerk, within thirty days thereafter, shall certify the adoption of this charter upon his journal, and six printed copies of this charter shall be duly certified by the City Clerk, and two such certified copies shall be filed with the Secretary of State, the County Clerk and in his own office, respectively.

For the purpose of nominating and electing officers this charter shall take effect from the time of its approval by the electors of the City. For the purpose of establishing departments, divisions and offices, and distributing the functions thereof, and for all other purposes, it shall take effect on March 1, 1921.

The existing council at the time this charter takes effect shall continue in the administration of the City's affairs under the prior charter until the 11th day of April 1921, and the then existing officers and employees of the City shall continue to perform the duties of their respective positions until their successors are chosen and qualified.

The Council in office at the time of the adoption of this charter shall make all necessary arrangements in accordance with the provisions hereof for the first election under its provisions, which shall be held on the first Monday of April, A. D. 1921, and shall appoint temporary inspectors of registration and election therefor and shall meet and canvass the votes cast at such election in place of the board of election commissioners and shall do everything in that regard prescribed by this charter to be done by such election commissioners or the City Commission; provided, however, that the ballots shall be prepared by the City Clerk.

This charter shall supercede the existing charter of said City, but all rights and rights of action now existing, all suits in course of prosecution for or against the City under the former act of incorporation shall remain unimpaired and all taxes levied and uncollected shall be collected the same as if this charter had not been adopted, and in case the course of proceeding provided for in this charter shall differ from that in the one which it supercedes, either method may be followed, it being the intention that no rights of any name or nature in existence at the time of the adoption of this charter shall be lost or jeopardized.

All the provisions of the laws of the State of Michigan regarding cities of fourth class except as herein otherwise provided by this charter shall apply to and control the legislative body of the City of Sturgis. It being the intention of this charter that the general laws relating to cities of the fourth class shall govern except as expressly specified otherwise by the provisions of this charter.

The City Commission may regulate, restrict and limit the number and location of oil and gasoline stations. The City Commission may prohibit such trades, occupations and amusements as are detrimental to the health, morals or welfare of the City's inhabitants; and may provide for the enforcement of all such local, police, sanitary and other regulations as are not in conflict with the general laws. Whenever by this charter, or any other provision of law, any power or authority is vested in or duty imposed upon the corporation or Commission, the Commission may enact such ordinances not inconsistent with the laws and constitution of the State, as may be necessary for the execution and exercise of such power and authority and to regulate the performance of such duty, and may enforce the same by suitable fines, penalties, forfeitures or imprisonment.

State Law reference— Authority to so provide, MCL 117.4i(b).

All justice Courts and offices of the justice of the Peace of the City of Sturgis are hereby abolished and all powers, jurisdictions and duties of said Courts are hereby consolidated into one Court to be known as the Municipal Court of the City of Sturgis to be presided over by one judge to be known as a Municipal Judge, who shall have been a resident of the City of Sturgis for five years, and who shall be an attorney admitted to practice law in the Supreme Court of this State immediately preceding the date of his appointment or election.

The Municipal judge shall receive a salary from the City of Sturgis to be fixed by the City Commission, however, said salary is not to be less than One Thousand nor more than Five Thousand Dollars a year. Said salary to be in lieu of all fee, both in civil and criminal cases, to which said Judge or justices might be entitled but for the provisions of this chapter.

All fees in civil cases shall be collected by the said Judge and turned over by him to the City Treasurer on the first and fifteenth of each month, and all fees in criminal cases shall be charged and presented to and audited by the Board of Supervisors of St. Joseph County, in the same manner and amounts as provided by law in the case of justices of the Peace in Townships, and upon allowance by said Board of Supervisors shall be paid monthly, by said County to the Treasurer of said City of Sturgis for the use and benefit of said City. Said Judge shall turn over to the County Treasurer of St. Joseph County all costs and fines in state criminal cases and shall turn over to the City Treasurer of the City of Sturgis all costs and fines in City Ordinance or Charter cases. The Judge shall give bonds to the City of Sturgis and St. Joseph County in the amount of Five Hundred Dollars each.

The Municipal Judge shall in the first instance be appointed by the City Commission of the City of Sturgis to hold said office from the date when said Justice Courts and offices of the Justice of the Peace shall be abolished until his successor shall have been elected and qualified as hereinafter set forth.

The Municipal Judge shall be elected at the first general City Election following the adoption of this amendment of the City Charter and at each such city election every six years thereafter, and his term of office shall be six years and shall commence on the first day of January following his election. The Municipal Judge shall be nominated for office as provided in Chapter IV of the City Charter. Vacancies may be filled by the City Commission and such appointee shall hold office until the next general city election when the office shall be filled by election.

The Municipal Judge shall be empowered to receive and take from the offices so abolished all files, records and dockets kept therein appertaining to said offices and shall be empowered to issue executions according to law upon any judgment appearing upon said dockets with the same effect as if said judgment had been rendered by him, and shall have transferred to him any and all actions or proceedings pending in any of the offices so abolished, and shall have full jurisdiction to proceed with such actions or proceedings in the same manner as if they had been brought before him originally.

The Municipal Judge shall have the same powers, jurisdictions and duties, except as it shall be hereafter otherwise lawfully provided by this Charter as are now conferred upon the Justices of the Peace: and except as it is hereafter otherwise lawfully provided by the Charter, all of the provisions of the present law whether general or special applying to the City of Sturgis, and relating to appeals and to the conduct of all proceeding, suits and transactions before any of the Justice Courts shall remain in full force and effect and shall be followed by the Municipal Court and the Judge thereof into which they shall be so consolidated.

The civil jurisdiction of the municipal judge ex-contractu and ex-delicto shall be Five Hundred Dollars with such exceptions and restrictions as are provided by law. Said Municipal Judge shall have the same powers and authority to set aside a verdict or judgment and grant a new trial therein, upon legal cause, therefor, as the Circuit Courts of the State possess; provided, however, that a motion in writing be made and filed with the Judge before whom said cause was tried within five days after the rendition of the verdict or judgment in such case, which said motion shall briefly and plainly set forth the reasons and grounds upon which it is made and shall be supported by affidavits setting forth the facts relied upon to be filed at the time of filing said motion, and notice of hearing of such motion, with copy of the motion and affidavits, filed as aforesaid, shall be served upon the adverse party or his attorney at least two days before the hearing thereof, and such motion shall be determined within two days after the same shall have been heard and submitted and such motion shall be submitted and heard within one week after the same shall have been filed, and the time for taking an appeal from judgment, in case such motion be not granted, shall begin to run from the time when such motion shall be overruled and in no case shall the pendency of such motion stay the issuing and levy of an execution in such case, but in case of a levy under execution pending such motion, no sale of the property so levied on shall be advertised or made until the final determination of such motion.

The City Commission may provide for a Clerk for the Municipal Judge to be paid such salary, give such pond and perform such duties as shall be ordinance be prescribed; and such clerk shall be virtue of his office, be empowered to administer oaths to persons making affidavits for writs in civil cases and to issue all possesses and attest the same in the name of the Municipal Judge and shall be required to collect all fees in civil cases and all costs and fines in criminal cases and all moneys paid into court for security for costs, bail or otherwise and to enter a record of the same in books kept by him for that purpose and to pay over the same to the authorities of the City or County or other persons entitled to the same as directed by the proper authorities or by law. The City Commission of the City of Sturgis shall cause the books of such clerk to be audited at least once each year to ascertain that such books are correctly kept and the moneys received have been properly accounted for.

In any cause pending before the Municipal Judge, whenever such Judge is unable to act in such cause at the time the matter comes before him, shall be transferred upon his order or in case of his absence by the Clerk, to one of the justices of the Peace of St. Joseph County without any notice to the parties in such case, but a note of such transfer shall be entered upon the docket of the case. When two or more judges or justices shall have acted in any one cause, or proceeding, the docket shall be signed in the manner and within the time provided by law by the judge or justice who shall have given the final judgment in such cause.

The City Commission may designate one of the police officers of the City of Sturgis as court officer for such court and he shall have all the duties and powers of court officers in the Circuit Court of this State.

There shall be twelve terms in each year for the trial of jury cases in the Municipal Court. All terms shall commence on the third Monday of each month and jury cases may be set for trial upon said dates or as soon thereafter as said trial can be reached. The panel of jurors shall be drawn and certified to the Clerk or Judge of said Court in the manner provided by law for the drawing of Circuit Court jurors in St. Joseph County. There shall be eighteen jurors drawn for each panel to serve at each term of said court. The selection of jurors to serve in each case shall be made as nearly as may be, in the same mariner as provided in Circuit Courts but the trial of such cause by jury shall be otherwise conducted as provided by law for trials by jury before justice of the Peace in Townships and as soon as all jury cases set for any term, and ready for trial, shall have been disposed of, the panel of jurors called for said term, shall be discharged; Provided, however, that when there is no jury in attendance in said court, the judge in order to avoid hardship from delay, may, in his discretion, order a jury empaneled in accordance with the method provided by law to secure a jury in trials before Justices of the Peace in Townships.

It shall be the duty of the Municipal judge to instruct the jury as to the law applicable to the case, which instructions shall be received by the jury as the law in the case.

A complete Retirement System shall be provided for General Employees of the City of Sturgis, by general ordinance. The benefits applicable to the members of the Charter Retirement System at the time of the adoption of this Charter amendment shall not be diminished by the ordinance Retirement System.

The membership of the Board shall consist of five (5) trustees, as follows:

(a)

the Mayor of the City; and

(b)

a City Commissioner to be selected by the City Commission; and

(c)

a citizen who is a resident of the City, and who is not eligible to receive benefits under the provisions of this chapter, to be appointed by the Mayor, by and with the consent of the City Commission; and

(d)

two members of the retirement system to be elected by the members of the retirement system under such rules and regulations as the Board shall adopt to govern such elections; provided, that not more than one member trustee shall be from any one City department.

The financial objective of this Section is to require City contributions to the Retirement Plan each year which together with the contributions made by members shall be sufficient to (i) fully fund cost of benefits likely to be paid on account of service rendered by members during the year, and (ii) finance unfunded costs of benefits likely to be paid on account of service rendered by members prior to the current year over a period of not more than 40 years. Such contributions shall be computed as level percents of member payroll in accordance with generally accepted actuarial principles on the basis of such rates of interest and tables of experience as the Board of Trustees shall from time to time adopt. The Board of Trustees shall annually certify to the City Commission the contributions determined according to this Section, and the Commission shall appropriate and pay to the Retirement Plan during the next fiscal year the contributions so certified.

The Board of Trustees shall be the trustees of the monies and assets of the Retirement Plan. The Board of Trustees shall have full power and authority to invest and reinvest such monies and assets subject to all terms, conditions, limitations and restrictions imposed by the State of Michigan on the investments of public employee retirement systems. The Board of Trustees shall further be authorized to appoint a custodian for the management of the assets of the Retirement Plan. The custodian must be an appropriate state or national chartered banking institution having full and active trust and fiduciary powers and authority. The Board of Trustees may employ outside investment counsel to advise the Board of Trustees in the making and disposition of investments. All monies and assets of the Retirement Plan shall be held for the sole purpose of meeting disbursements authorized in accordance with the provisions of this Chapter and shall be used for no other purposes.

The City Commission shall establish the amount of Retirement Benefits to be paid pursuant to the Retirement Plan by adoption of appropriate City Ordinances or amendments to previously established ordinances.

The accrued financial benefits of the Retirement Plan shall be a contractual obligation of the City and shall not be diminished or impaired by the City. The terms of this Chapter shall constitute the only basis upon which each contractual obligation shall arise and accrue, and no benefits shall arise or accrue to any Participant or Retiree except those specifically provided in this Chapter, and in accordance with the terms thereof.

Should any provision or section, or portion thereof, of this Chapter be held by a Court of competent jurisdiction to be invalid, illegal, or unconstitutional, such holdings shall not be construed as affecting the validity of this Chapter as a whole or any remaining portion of such provision or section, it being hereby declared to be the intent of the Charter Commission and of the electors who voted thereon that such unconstitutionality or illegality shall not affect the validity of any other part of the Charter except that specifically affected by such holdings.

The following shall be the elective officers of the City:

Nine City Commissioners.

Municipal judge.

State Law reference— The reference in the provisions of the above section to the municipal judge is obsolete. See MCL 600.9921.

The following shall be the appointed officers of the City:

(1)

To be appointed by the City Commission:

Mayor.

City Manager.

City Clerk.

City Attorney.

City Treasurer.

City Health Officer.

City Assessor.

Three Election Commissioners.

Three Inspectors of Election from each voting precinct.

Four Members of the Board of Review.

One Constable.

Such other officers as the Commission may deem necessary or suitable.

(2)

To be appointed by the City Manager:

All directors of departments (except City Attorney).

City Engineer.

Chief of Police.

Chief of Fire Department.

And such other officers as the City Commission may authorize.

Editor's note— The provisions of subsection (1) of the above section dealing with the appointment of election inspectors are superseded by the provisions of MCL 168.674, which statute provides that the board of election commissioners appoints inspectors of elections within the time limits provided for in such statute. The provisions in such subsection dealing with the constable are also obsolete as the office of constable has been abolished pursuant to MCL 117.32.

The City Manager shall be the administrative head of the municipal government under the direction and supervision of the Commission. He shall not hold any other public office, except that of Notary Public, and shall not be interested in the profits or emoluments of any contract, Job, work or service for the City.

The City Manager shall be charged, subject to the Commission, with the following duties:

(a)

The management, supervision and control of the City water works, electric lighting plant, and service.

(b)

The management and supervision of the sewers, sewerage system and drainage of the City,

(c)

The supervision of the highways, streets, sidewalks, alleys, and bridges within the City.

(d)

The supervision and direction of the City fire department and the care of fire engines, apparatus and property.

(e)

The supervision and control of public buildings, tools, machinery and equipment owned or controlled by the City.

(f)

The supervision of such other improvements and works as the Commission may place tinder his management and control.

(g)

He shall have general charge of the police affairs of the City and it shall be his duty to enforce all laws and ordinances.

(h)

It shall be the duty of the City Manager to appoint all necessary engineers, officers of the fire department, firemen, and such other officers of the City as are necessary, under the direction and approval of the Commission, not otherwise provided for in this charter.

(i)

He shall make and file with the Commission each month a full report, in writing, said report to contain a statement of all work performed since the preceding report; an outline of proposed work; condition of all unfinished work; such recommendations as he may deem necessary.

(j)

To act as budget commissioner and to keep the Commission fully advised as to the financial condition and needs of the City.

(k)

To act as building inspector.

(l)

He shall have general supervision and control of all records and the methods of keeping the same, subject to the supervision of the Commission.

(m)

To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof to call the same to the attention of the Commission, which is hereby required to take such steps to enforce the same.

(n)

The City Manager shall be the acting head of each and every department in the City except the law department. No member of the Commission shall interfere with the conduct of any department, except at the express direction of the Commission, by resolution or ordinance duly passed and adopted.

(a)

The City Clerk shall be the clerk of the City Commission. He shall attend all meetings of the City Commission and shall keep a permanent journal of its proceedings. He shall keep a record of all ordinances, resolutions and regulations of the City Commission.

(b)

He 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 of Sturgis, the custody of which is not otherwise provided for. He shall give to the proper department or officials ample notice of the expiration or termination of any franchise, contracts or agreements. He may administer oaths required by this charter or by the City Commission.

(c)

He shall certify by his signature all ordinances and resolutions enacted or passed by the City Commission, and perform any other duties required of him by this charter or by the City Commission.

(d)

The Clerk shall be the general accountant of the City, and all claims against the municipal corporation shall be filed with him for payment; and, after examination thereof, he shall report the same, with all accompanying vouchers and counterclaims of the City, and the true balance as found by him to the Commission for allowance, and when allowed by the Commission, shall draw his warrant, countersigned by the Mayor, upon the Treasurer for the payment thereof, designating thereon the fund from which payment is to be made. The Clerk shall not draw any warrant upon any fund after the same has been exhausted.

(e)

When any tax or money shall be levied, raised or appropriated, the Clerk shall report the amount thereof to the Treasurer, stating the objects and funds for which it is levied or appropriated, and the amounts thereof to be credited to each fund.

(f)

The Clerk shall exercise a general supervision over all officers charged in any manner with the receipt, collection and disbursement of the City revenues, and over all the property and assets of the City. Except as otherwise provided herein, he shall have charge of all books, vouchers and documents relating to the accounts, contracts, debts and revenues of the municipal corporation; he shall countersign and register all bonds issued; and keep a list of all the property and effects belonging to the City, and all books exhibiting the financial condition of the municipal corporation and all its departments, funds, resources and liabilities, with a proper classification thereof, showing the purpose for which each fund was raised. He shall also charge the Treasurer with all the moneys received for each of the several funds of the City, and credit him with all warrants drawn thereon, keeping a separate account with each fund. When any fund has been exhausted, the Clerk shall immediately advise the Commission thereof.

(g)

The Clerk shall present to the Commission at each regular Commission meeting a detailed statement of the receipts, expenditures and financial condition of the City, of the debts to be paid and the money required to meet the estimated expenses of the municipal corporation. He shall, in conjunction with the City Manager, assist in preparing the annual budget and shall perform such other duties pertaining to his office, or otherwise, as the Commission may require.

(h)

The Clerk may, subject to the approval of the Commission, appoint a deputy, who shall possess all the powers and authority of the City Clerk, and may perform all the duties thereof, subject to the control of said Clerk. Whenever the services of a deputy clerk shall be deemed necessary, the Commission shall provide for his compensation. In all other cases such deputy shall be paid by the Clerk. The City Clerk and his bondsmen shall be answerable for all acts and defaults of his deputy.

(i)

Before entering upon the duties of his office, the Clerk shall execute a bond to the City of Sturgis for the faithful performance of his trust, in such sum as may be fixed by the Commission, which bond shall be filed with the City Treasurer, and he shall take the official oath.

State Law reference— Mandatory that charter provide for keeping of journal of each session of legislative body, MCL 117.3(m).

The City Treasurer shall have custody of all moneys, mortgages, bonds, notes, leases and evidences of value belonging to the City, except official bonds with the exception of the bond of the City Clerk, which shall be deposited and held by the City Treasurer. The City Treasurer shall receive all moneys belonging to and receivable by the corporation, and keep an account of all receipts and expenditures thereof. He shall pay no money out of the treasury except in pursuance of and by authority of law, and upon warrants signed by the Clerk and countersigned by the Mayor, which shall specify the purpose for which the amounts thereof are to be paid. He shall keep an account of and be charged with all taxes and moneys appropriated, raised or received for each fund of the corporation, and shall keep a separate account of each fund, and shall credit thereto all moneys raised, paid in, or appropriated therefor, and shall pay every warrant out of the particular fund constituted or raised for the purpose for which the warrant was issued, and having the name of such fund endorsed by the Clerk. The Treasurer may also, subject to the approval of the Commission, appoint a deputy, who shall possess all the powers and authority of the Treasurer, subject to the control of the Treasurer; and the Treasurer and his bondsmen shall be liable for the acts and defaults of such deputy. Such deputy shall be paid for his services by the City Treasurer. The Treasurer shall be the collector of the state and county taxes within the City, and all other taxes and assessments levied within the City; he shall perform all other such duties in relations to the collection of taxes, as the Commission may prescribe, and as provided by the laws of the state.

The Treasurer shall render to the Clerk on the first Monday of every month, and oftener if required by the Commission, a report of the amounts received and credited by him to each fund, and on what account received, and the amounts paid out by him from each fund during the preceding month, and the amount of money remaining in each fund on the date of his report. He shall also exhibit to the Commission annually, on the second Monday in March in each year, and as often and for such period as the Commission shall require, a full and detailed account of the receipts and disbursements of the Treasurer since the date of his last annual report, classifying them therein by the funds to which receipts and disbursements are made, and the balance remaining in each fund; which account shall be filed in the office of the Clerk, and shall be published in one or more of the newspapers of the City.

The City Treasurer, subject to the direction of the Commission, shall have the custody of all moneys, bonds, mortgages, notes, leases, and evidences of value belonging to the City; provided, that the Commission by a majority vote of all the Commissioners elect may designate one or more depositories in such City in which the City Treasurer shall deposit all such moneys and property named above in his possession by virtue of his office, to be drawn therefrom only in such manner as the Commission shall direct, and every such depository shall furnish a bond, as the Commission may require and approve, for the safekeeping and accounting of all such moneys and property thus coming into its possession. The Commission may at any time by a majority vote of all the Commissioners elect to change any depository or depositories.

The City Treasurer shall before entering upon the duties of his office execute and deliver to the City Commission to be filed an approved surety bond in such amount as may be required by law or by the City Commission, after the approval of the Commission said bond to be filed with the City Clerk.

The City Attorney's primary law office must be located in the City of Sturgis and an attorney qualified to practice in all of the courts of this state and who has been qualified to practice in the Supreme Court of this state for three years next preceding his appointment. The City Attorney shall act as legal adviser to and as attorney and counsel for, the municipality and all its officers in matters relating to their official duties. He shall give written opinion to any official or department of the City whenever requested in writing so to do, and shall file a copy of the same with the City Clerk.

He shall conduct for the City all cases in court to which the City is a part.

He shall prepare, or officially pass upon, all ordinances, contracts, bonds and other instruments in writing, in which the City is concerned, and shall certify before execution as to their legality and correctness of form.

He shall perform such other duties as may be prescribed by this charter or by the City Commission.

(Amend. of 11-5-1991)

The City Assessor shall possess all the powers vested in and shall be charged with all the duties imposed upon assessing officers by the general laws of the State. He shall make and prepare all regular and special assessment rolls in the manner prescribed by this charter and the general laws of the State. He shall make out the jury lists required by law to be made out by the supervisors. He shall perform such other duties as may be prescribed for him by this charter, or City Commission.

State Law reference— Tax assessments, MCL 211.10 et seq.

(a)

The City of Sturgis shall be represented on the Board of Supervisors of St. Joseph County by the City Assessor and three electors of the City of Sturgis, chosen by the commission. The Supervisors and City Assessor shall be appointed on the second Monday of April of each year at the organizational meeting of the City Commission, and continue in office one year thereafter. Vacancies may be filled at any time by the Commission. They shall possess all the powers and perform all the duties of Supervisors of Township tinder the general laws of this State, not inconsistent with this chapter and not delegated to other officers; provided, that in case the City shall hereafter become entitled by general law to additional representation on the Board of Supervisors, such additional representation shall be chosen by the Commission.

(b)

The Supervisors shall perform all the duties and possess the same authority as Supervisors in Townships under the State law, while acting upon the Board of Supervisors, and shall receive the same compensation therefor.

Editor's note— The above section has been superseded by MCL 46.401 et seq.