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NORTH MUSKEGON CHARTER - PREAMBLE
North Muskegon has grown from a fur trading post, to a peninsula of
lumber mills, to a city of homes. As we near a new century, this community
is proud of an outstanding school system and a "can-do" community spirit.
Citizens here have proven their ability to accomplish great tasks for the
common good when need arises. North Muskegon is home to fine
businesses, generously supports strong religious ministries, and is a
model of excellence in its civic institutions. This city fosters civic
minded neighbors who are optimistic about the future. Our people and our
natural resources are cherished assets enjoyed in trust for future
generations.
The members of this Charter Commission have sought to establish a new
charter for this city that will preserve the best of the former charter
and bring what is outdated in that 1921 document into compliance with
current practice and state statutes to enhance our tradition of civic
excellence.
We have met faithfully as a commission for the past two years to
consider this important task. We have sought to be representative of the
entire community's interests. Decisions have been reached with a
remarkable degree of consensus following diligent research and healthy
debate.
We reached decisions based on the following operating principles.
* We have a strong faith in the electorate of this city to
decide what is best for our shared future as emerging needs arise
and have sought to preserve the rights of local initiative.
* We have sought to clarify lines of communication and
authority in the city so that the City Manager is responsible for
the day to day operations of the city. The Manager remains
accountable to the Mayor and Council which retains significant
policy and legislative responsibilities.
* We are amending the terms of elected members of the Council
so that three year terms will be staggered with only 1/3 of the
Council up for election each year. This will provide for a balance
between an electorate's desires for accountability and the city's
need for continuity.
* We remain committed to a volunteer Council with at large
representation and believe that the citizens of this city will
continue to take an active interest in providing excellent
leadership for non-partisan government.
* We expect elected leaders to make difficult decisions for the
city's best interests by prohibiting abstentions in voting except
for conflict of
interest.
* We endorse majority rule except: in cases of removal of a
council member from office, amending a zoning ordinance, granting
variances or selling city real estate which require a super
majority of 5 votes.
* We are endorsing a millage cap at 10 mills which is the
same as the 1921 charter. This endorsement could mean a potential
increase of approximately $40 in current property taxes for a
$100,000 home because the new charter will override current state
limitations which restrict our city government to 9.183 mills
despite the 10 mill cap in the 1921 charter. This modest room
for growth allows the Council, should it assess the need to do so,
some room to address growing needs of an aging infrastructure
without significantly changing the present tax structure.
We arrived at the millage cap decision after extensive research
and detailed projections of five year costs and revenues. Because
of rising costs, pending capital needs and restricted potentials
for future revenue growth, there may be a future need for
additional revenues. We trust the electorate's ability to weigh
future needs for revenue on their merits.
* The 1921 charter's strength is its respect for the rule of
law and its conferring of authority to govern upon the Mayor and
the Council. We have sought to craft a document that maintains
that respect for elected authority while acknowledging the valued
importance of professional leadership in city
operations.
We are grateful for the privilege to serve. We acknowledge with special
gratitude the leadership of Jim Hooper as Chair, Glenn Wagner as
Vice-Chair, Chuck Kitchka as Secretary, Craig Bytwerk, Jeanette Gordon,
Betty Linacre, Betty McFerran, and Helen Sherman as faithful members of
the commission. We are also grateful for the privilege of working with
valued commission member Rosie Holmberg who died unexpectedly during her
term and with John Halmond who has been invaluable to us in his
appointment as Rosie's capable replacement on the commission. This
commission has been blessed with outstanding human resources.
We would be remiss if we did not mention the appreciated support
efforts of the City's staff under the leadership of Dennis Stepke, City
Superintendent. We are grateful for honest input from citizens who have
influenced our deliberations. We were helped greatly by the valued
guidance of John Schrier, city attorney, for turning our motions into an
enabling charter for our civic future.
ARTICLE I
POWERS OF THE CITY
Section 1.01 Powers of the City. The City of North Muskegon
(hereinafter referred to as "City") shall have all powers possible for a
Home Rule City to have under the constitution and laws of the State of
Michigan as fully and completely as though they were specifically
enumerated in this charter.
The City shall have, without limitation to those powers not enumerated,
the power to: 1) borrow money; 2) special assess;
3) acquire, own, purchase, construct or operate any public utility;
4) acquire and dispose of real estate and improvements;
5) condemn property; 6) acquire employment and property for
rapid transit; 7) provide for the use, regulation, improvement and
control of public ways, streets, alleys and waters; and 8) regulate
and restrict locations of entities by way of zoning. The City's power is
limited to those powers granted to a City by state statute or the Michigan
constitution.
The powers of the City under this charter shall be construed liberally
in favor of the City, and the specific mention of particular powers in the
charter shall not be construed as limiting in any way the general power
granted in this article.
Section 1.02 Intergovernmental Relations. The City may
exercise any of its powers or perform any of its functions and may
participate in the financing thereof, jointly or in cooperation, by
contract or otherwise, with any one or more states or any state civil
division or agency, or the United States or any of its agencies. The
City's power is limited to those powers granted to a City by state statute
or the Michigan constitution.
Section 1.03 Public Welfare and Safety. The City shall
provide, in its ordinances and in the administration of city funds and
affairs, for the public peace and health and for the safety of persons and
property.
ARTICLE II
CITY COUNCIL
Section 2.01 General Powers and Duties. All powers of the
City shall be vested in the City Council, except as otherwise provided by
law or this charter, and the Council shall provide for the exercise
thereof and for the performance of all duties and obligations imposed on
the City by law.
Section 2.02 Composition, Term, Eligibility, and Wards.
(a) Composition. There shall be a City Council of seven (7)
members, consisting of six (6) city council members and a mayor.
(b) Term. The six (6) city council members shall serve for
overlapping three (3) year terms beginning at noon on the first day of the
first month following the election.
(c) Eligibility. Only registered voters of the City shall be
eligible to hold the office of council member or mayor. The individual
must have been a resident of the City for at least one (1) year
immediately preceding the election and shall remain a resident in the City
throughout the term in office.
(d) Wards. There shall be one ward covering the entire
geographic area of the City. All City council members and the mayor shall
be elected from the ward.
Section 2.03 Mayor. A mayor shall be elected for a term of
three (3) years at a regular election. The mayor shall be the chief
executive officer of the City and a member of the City Council. The mayor
shall preside at meetings of the Council, represent the City in
intergovernmental relationships, appoint, with the advice and consent of
the Council, members of citizen advisory boards, committees and
commissions, present an annual state of the City message, and perform
other duties specified by the Council. The mayor shall be recognized as
head of the City government for all ceremonial purposes, shall be the
spokesperson for the City, and shall be recognized by the governor for
purposes of military law but shall have no administrative duties. The
Council shall elect from among its members a mayor pro tem who shall
act as mayor during the absence or disability of the mayor and, if a
vacancy occurs, shall become mayor until a mayor is selected pursuant to
Section 2.06.
Section 2.04 Compensation; Expenses. There shall be no
annual salary or compensation for mayor and council members. The mayor and
council members shall receive their actual and necessary expenses incurred
in the performance of their duties of office.
Section 2.05 Prohibitions.
(a) Holding Other Office. Except where authorized by law, no
council member shall hold any other elected public office while a member
of the Council. No council member shall hold any other employment with the
City of North Muskegon while a member of the Council. No former
council member shall hold any compensated appointive office or employment
with the City until six (6) months after the expiration of the term during
which the member served on the Council. Nothing in this section shall be
construed to prohibit the Council from selecting any current or former
council member to represent the City on the governing board of any
regional or other intergovernmental agency.
(b) Interference with Administration. Except for the purpose of
inquiries and investigations under '2.08, the Council or its members
shall deal with City officers and employees, who are subject to the
direction and supervision of the city manager, solely through the city
manager, and neither the Council nor its members shall give orders to any
such officer or employee, either publicly or privately.
Section 2.06 Vacancies; Forfeiture of Office; Filling of
Vacancies.
(a) Vacancies. The office of mayor or council member shall become
vacant upon the member's death, resignation, removal from office or
forfeiture of office in any manner authorized by law.
(b) Forfeiture of Office. The mayor or council member shall forfeit
that office if the mayor or council member
(1) lacks at any time during the term of office for which
elected any qualification for the office prescribed by this
charter or by law, including but not limited to bona fide
residency in the City,
(2) violates any prohibition of this charter,
(3) fails to attend three consecutive regular meetings of
the Council without being excused by the
Council.
(c) Filling Vacancy of Mayor. Any vacancy in the office of mayor
shall be filled by the Council choosing one of its members as mayor to
serve the remainder of the term.
(d) Filling Vacancy of Council. Any vacancy on the Council shall be
filled by the mayor recommending and Council appointing by a majority of
the remaining members of the Council an individual to serve for the
remainder of the term.
Section 2.07 Judge of Qualifications. The City Council shall
be the judge of the election and qualifications of its members and of the
grounds for forfeiture of their office. In order to exercise these powers,
the Council may call witnesses, administer oaths and request the
production of evidence.
A member charged with conduct constituting grounds for forfeiture of
office shall be entitled to a public hearing on demand, and notice of such
hearing shall be published in one or more newspapers of general
circulation in the City at least one week in advance of the hearing.
Decisions made by the Council under this section shall be subject to
judicial review.
Section 2.08 Investigations. The City Council may make
investigations into the affairs of the City and the conduct of any city
department, office or agency and for this purpose may request witnesses,
hear comments and request the production of evidence.
Section 2.09 Independent Audit. The City Council shall
provide for an independent annual audit of all City accounts and may
provide for more frequent audits as it deems necessary. Such audits shall
be made by a certified public accountant or firm of such accountants who
have no personal interest, direct or indirect, in the fiscal affairs of
the city government or any of its officers. The Council may designate such
accountant or firm annually or for a period not exceeding three years. If
the state makes such an audit, the Council may accept it as satisfying the
requirements of this section.
Section 2.10 Procedure.
(a) Meetings. The Council shall meet regularly at least once in
every month at such times and places as the Council may prescribe by
resolution or rule adopted by the City Council at its organizational
meeting. Special meetings may be held on the call of the mayor or of three
(3) or more council members. The business which the legislative body may
perform shall be conducted at public meetings held in compliance with Act
No. 267 of the Public Acts of 1976 as amended being Sections 15.261 to
15.275 of the Michigan Compiled Laws, otherwise known as the Open Meetings
Act of the State of Michigan, and any successor laws.
(b) Rules and Journal. The City Council shall determine its own
rules and order of business and shall provide for keeping a journal,
including minutes and records, of its proceedings in the English language.
All records of the City shall be made available to the general public in
compliance with Act No. 442 of the Public Acts of 1976, as amended, being
Sections 15.231 to 15.246 of the Michigan Compiled Laws, otherwise known
as the State of Michigan Freedom of Information Act and any successor
laws.
(c) Voting. The method of voting shall be determined by the City
Council. The results of voting shall be recorded in the minutes and
records. Four (4) members of the Council shall constitute a quorum. No
action of the Council, except as otherwise specifically provided, shall be
valid or binding unless adopted by the affirmative vote of four (4) or
more members of the Council. Unless otherwise prohibited by law every
council member shall vote on every question.
(d) Super Majority. Five (5) affirmative votes of the Council shall
be necessary for seeking removal from office the mayor or council member,
amending the zoning ordinance, granting variances, or selling of any real
estate by the City.
Section 2.11 Action Requiring an Ordinance. In addition to
other acts required by law or by specific provision of this charter to be
done by ordinance, those acts of the City Council shall be by ordinance
which:
(1) Adopt or amend an administrative code;
(2) Provide for a fine or other penalty or establish a rule
or regulation for violation of which a fine or other penalty is
imposed;
(3) Grant, renew or extend a franchise;
(4) Regulate the rate charged for its services by a public
utility;
(5) Regulate land use and development; and
(6) Amend or repeal any ordinance previously
adopted.
Acts other than those referred to in the preceding sentence may be done
either by ordinance or by resolution.
Section 2.12 Ordinances in General.
(a) Form. Every proposed ordinance shall be introduced in writing
and in the form required for final adoption. No ordinance shall contain
more than one subject which shall be clearly expressed in its title. The
enacting clause shall be "The City of North Muskegon hereby
ordains...."
(b) Procedure. An ordinance may be introduced by any member at any
regular or special meeting of the Council. As soon as practicable after
adoption, the clerk shall have the ordinance in an outline format and a
notice of its adoption published and the full text available at a
reasonable price at the city clerk's office.
(c) Effective Date. Except for emergency ordinances, every adopted
ordinance shall become effective no sooner than ten (10) days after
publication. Emergency ordinances may be effective upon
publication.
(d) Publication of All Ordinances Required. When any ordinance has
been adopted pursuant to this charter or state law, it shall be published
in full or outline format in a newspaper of general circulation in the
City within ten (10) days of its final adoption either by return of
election or action of the City Council. This requirement shall apply to
all ordinances whether general, initiatory, emergency or transitional.
(e) "Publish" Defined. As used in this section, the term
"publish" means to print in one or more newspapers of general circulation
in the City:
(1) The ordinance or a summary thereof, and
(2) The places where copies of it have been filed and the
times when they are available for public inspection and
purchase at a reasonable
price.
Section 2.13 Codes of Technical Regulations. The City
Council may adopt any standard code of technical regulations by reference
thereto in an adopting ordinance. The procedure and requirements governing
such an adopting ordinance shall be as prescribed for ordinances generally
except that:
(1) The requirements of '2.12 for distribution and
filing of copies of the ordinance shall be construed to include
copies of the code of technical regulations as well as of the
adopting ordinance, and
(2) A copy of each adopted code of technical regulations as
well as of the adopting ordinance shall be authenticated and
recorded by the city clerk pursuant to '2.14(a).
Copies of any adopted code of technical regulations shall be made
available by the city clerk for distribution or for purchase at a
reasonable price.
Section 2.14 Authentication and Recording; Codification;
Printing.
(a) Authentication and Recording. The city clerk shall authenticate
by signing and shall record in full in a properly indexed book kept for
the purpose all ordinances and resolutions adopted by the City
Council.
(b) Codification. Within three years after adoption of this charter
and at least every ten years thereafter, the City Council shall publish in
bound or loose-leaf form, together with this charter and any amendments
thereto, a copy of all ordinances. Copies of the code shall be furnished
to city officers, placed in libraries and public offices for free public
reference and made available for purchase by the public at a reasonable
price fixed by the Council.
(c) Printing of Ordinances and Resolutions. The City Council shall
cause each ordinance and resolution having the force and effect of law and
each amendment to this charter to be printed promptly following its
adoption, and the printed ordinances, resolutions and charter amendments
shall be distributed or sold to the public at reasonable prices as fixed
by the Council. Following publication of the first North Muskegon city
code compiled after adoption of this charter and at all times thereafter,
the ordinances shall be printed in substantially the same style as the
code currently in effect and shall be suitable in form for integration
therein. The Council shall make such further arrangements as it deems
desirable with respect to reproduction and distribution of any current
changes in or additions to the codes of technical regulations and other
rules and regulations included in the code.
Section 2.15 Initiative and Referendum.
(a) Initiatory Petition; Signatures Required. Any proposed
ordinance, amendment of an ordinance or repeal of an ordinance which deals
with a legislative matter may be submitted to the Council by petition
circulated only by registered voters of the City and signed by registered
voters of the City equal in number to fifteen (15%) percent of the highest
vote cast in the City for an individual City Council member or fifteen
(15%) percent of the votes cast for the mayor in the last general election
in which either was voted upon, whichever is the highest number. The
petition shall contain a request that the ordinance be submitted to a vote
of the people if not passed by the Council and the ordinance shall either
be contained in the petition or shall accompany it. This provision does
not extend to the making of appropriations.
(b) Council Determination Required. Within thirty days after
such petition is presented to the Council, the Council shall either pass
the proposed ordinance without alterations or it shall amend the ordinance
if it deems advisable, for purposes of clarity only, retaining, however,
the general purpose thereof, or it shall submit the same without amendment
to the vote of the electors of the City.
(c) Amendment by Council; Publication, Protest. In case the Council
shall amend the ordinance it shall publish the same as amended in one or
more newspapers of general circulation in the City and if within fifteen
days thereafter a protest against the adoption of the ordinance as amended
be filed, signed by registered voters of the City equal in number to ten
(10%) percent of the highest vote cast in the City for an individual
at-large city council member or ten (10%) percent of the votes cast for
the mayor in the last general election in which either was voted upon,
whichever is the highest number, the ordinance as amended shall be
submitted to the electors of the City. If no such protest shall be filed
the ordinance shall take effect at the time prescribed by the ordinance,
or if that has expired, at the expiration of said period of fifteen
days.
(d) Electors; Conflicting Ordinances, Adoption; Determination. In
case the amended ordinance is submitted to the electors, the original
ordinance shall be submitted at the same time as an alternative. If each
ordinance shall have a majority of votes cast on the adoption of the same,
the one having the greater number of votes shall be considered adopted. If
a single ordinance is submitted and the majority of registered voters
voting thereon shall vote in favor thereof, it shall be adopted.
(e) Referendum on Ordinances, Effective Date, Objections. No
ordinance passed by the Council except when otherwise required by the
general laws of the state or by the provisions of this charter (such
exceptions including temporary ordinances under 11.05(d)), shall go into
effect until ten (10) days after publication. If during said time there
shall be presented to the Council a protest against the passing of said
ordinance signed by registered voters of the City equal in number to at
least fifteen (15%) percent of the highest vote cast for a candidate for
mayor or individual council member at the last preceding general election
in which either office was voted upon, whichever is highest, said
ordinance shall thereupon be suspended from taking effect, and it shall be
the duty of the Council to reconsider said ordinance and if the same is
not entirely repealed the Council shall submit it to the vote of the
electors.
(f) Electors; Ordinances, Adoption; Number Unrestricted. Any number
of proposed ordinances may be voted upon at the same election in
accordance with the provision of the charter.
(g) Ordinances; Repeal; Submission to Electors. The City Council
may submit a proposition for the repeal of any such ordinance or for
amendments thereto to be voted upon at any City election and if such
proposition receives a majority of the votes cast thereon at such election
the ordinance shall thereby be repealed or amended.
(h) Submission to Electors, Time. All ordinances submitted to the
electors shall be submitted at the next general municipal election after
final action taken by the Council if one is held within six months, but if
no general election shall be held within that time, a special election
shall be called by the City Council for that purpose and held within six
months. Not more than two special elections shall be held within one year
as limited by Section 8.01(d).
(i) Adoption; Electors; Effective Date. Whenever the electors shall
adopt an ordinance it shall go into effect at the time prescribed therein,
or if that time shall have expired, ten days after publication, which
shall follow the election.
(j) Ordinances; Adoption, Electors; Repeal, Restriction. No
ordinance which has been adopted by the vote of the electors shall be
repealed or amended within five years except by vote of the
electors.
(k) Ordinances; Submission to Electors; Publication Required. All
ordinances or propositions for amendment or repealing of ordinances
submitted to the voters shall be published at least once in one or more
newspapers of general circulation in the City not more than thirty (30)
nor less than ten (10) days prior to the elections.
(l) Ordinances; Adoption; Publication. All ordinances
adopted pursuant to section 2.15 shall be published as required in section
2.12(d).
Section 2.16 Ordinance Penalties. All ordinances which
provide for criminal penalties shall provide for a maximum fine of $500
and a maximum jail sentence of 90 days, or both, or such additional
penalties allowed by state law. Ordinances, where authorized by state law,
may provide for civil infraction penalties or treatment.
ARTICLE III
CITY MANAGER
Section 3.01 Appointment and Qualifications. The City
Council shall appoint a city manager and fix the manager's compensation.
The city manager shall be appointed solely on the basis of executive and
administrative qualifications. The manager need not be a resident of the
city or state at the time of appointment. The city manager after
appointment must reside in the City except with the approval of the
Council.
The City Council may enter into an employment contract with the city
manager extending beyond the terms of the members of the City Council. An
employment contract with a city manager shall be in writing and shall
specify the compensation to be paid to the city manager, any procedure for
changing the compensation, any fringe benefits, and any other conditions
of employment. If the city manager serves at the pleasure of the City
Council, the contract shall so state and may provide for severance pay or
other benefits in the event the employment of the city manager is
terminated at the pleasure of the legislative body.
Section 3.02 Removal. The city manager may be removed by the
City Council with or without cause unless an employment contract pursuant
to Section 3.01 is entered into between the city manager and the
City.
Section 3.03 Acting City Manager. By letter filed with the
city clerk, the city manager shall designate a city officer or employee to
exercise the powers and perform the duties of city manager during the
manager's temporary absence or disability. The mayor with the advice and
consent of the City Council may revoke such designation at any time and
appoint another officer of the City to serve until the city manager
returns.
Section 3.04 Powers and Duties of the City Manager. The city
manager shall be the chief administrative officer of the City, responsible
to the City Council for the administration of all City affairs placed in
the manager's charge by or under this charter. The city manager shall:
(1) Appoint, suspend, or remove all City employees and
administrative officers of the City, unless otherwise provided
by charter. City employees who report directly to the city
manager shall be appointed by the city manager. The city manager
may authorize any administrative officer subject to the
manager's direction and supervision to exercise administrative
powers with respect to subordinates in that officer's
department, office or agency;
(2) Direct and supervise the administration of all
departments, officers and agencies of the City, except as
otherwise provided by this charter or by law;
(3) Attend all City Council meetings. The city manager shall
have the right to take part in discussion but shall not
vote;
(4) See that all laws, provisions of this charter and acts of
the City Council, subject to enforcement by the city manager or
by employees and officers of the City or any of its departments,
offices and agencies under the supervision of the city manager,
are faithfully executed;
(5) Prepare and submit the annual budget and capital program
to the City Council;
(6) Submit to the City Council and make available to the
public a complete report on the finances and administrative
activities of the City as of the end of each fiscal
year;
(7) Make such other reports as the City Council may require
concerning the operations of city departments, offices and
agencies subject to the city manager's direction and
supervision;
(8) Keep the City Council fully advised as to the financial
condition and future needs of the City;
(9) Make recommendations to the City Council concerning the
affairs of the City;
(10) Provide staff support services for the mayor and council
members; and,
(11) Perform such other duties as are specified in this
charter or may be required by the City Council.
ARTICLE IV
DEPARTMENTS, OFFICES AND AGENCIES
Section 4.01 General Provisions.
(a) Creation of Departments. The City Council may establish city
departments, offices or agencies in addition to those created by this
charter and may prescribe the functions of all departments, offices and
agencies.
(b) Direction by City Manager. All heads of departments, offices
and agencies shall be under the direction and supervision of the city
manager and shall be appointed by and subject to the direction and
supervision of the manager. With the consent of City Council, the city
manager may serve as the head of one or more such departments, offices or
agencies or may appoint one person as the head of two or more of
them.
(c) Compensation. The City Council shall provide for the
compensation of all officers, other than the Mayor and City Council
members.
Section 4.02 City Officers. There shall be the following
City officers and such other officers as the Council may from time to time
establish or which may be required by state law. City officers may be City
employees or may be hired from outside of City employment. All City
officers shall have qualifications required by state law, those set forth
herein and other qualifications required by the Council, and they shall
perform the duties set forth herein and otherwise required by law. The
City Council shall require officers to file bonds as may be appropriate or
required by state law. All City officers, unless specifically provided to
the contrary, shall be appointed and removed by the city manager pursuant
to '3.04.
(a) City Clerk. The city clerk shall publish and post all
notices, keep the city seal, records and documents of the City and of the
Council's proceedings. The clerk shall have the power to administer all
oaths required by law and by the ordinances of the City. The clerk shall
give proper officials ample notice of the expiration or termination of any
official bonds, franchises, contracts or agreements to which the City is a
part and shall notify the Council of any failure of any officer or
employee required to take an oath of office or furnish any bond required
of the officer or employee. The clerk shall perform such other duties as
the City may require.
(b) City Treasurer. The city treasurer shall have custody of
all monies, bonds and evidence of value belonging to the City or held in
trust by the City. The city treasurer shall receive all monies belonging
to and receivable by the City and shall keep correct accounts of all
receipts and expenditures, deposit all funds as the City Council may
determine, keep and furnish detailed reports on a continuing and regular
basis concerning all funds, collect and distribute all taxes and
assessments as required by law and perform such other duties as may be
prescribed by the laws of the state and this charter or by the City. The
city treasurer shall keep the City's books of account. The treasurer shall
establish and maintain the system of accounts suitable for all departments
of the City which shall conform to any uniform system required by law. The
city treasurer shall examine all accounts and claims against the City,
verify the correctness of the account and its amount. Payments from any
account shall not be allowed unless money has been appropriated therefor
nor shall payments from any account be made unless sufficient money is in
the fund on which it is drawn. The city treasurer shall perform such other
duties as naturally pertain to the office and as may be required by the
charter, the laws of the State of Michigan or by the city manager.
(c) City Assessor. The city assessor shall perform all
the duties and have all the powers required of and vested in the office by
the laws of the State of Michigan. The assessor shall prepare all regular
and special assessment rolls as required by the charter and the laws of
the state and perform such other duties as may be prescribed or required
by the law and this charter. The city assessor must possess those
qualifications required by state law to perform the office of
assessor.
(d) City Attorney. The city attorney shall serve as chief
legal adviser to the City Council, the city manager, all city departments,
officers, agencies and trust funds, shall represent the City in all legal
proceedings and shall perform any other duties prescribed by this charter
or by ordinance. The city attorney shall be an attorney at law admitted to
practice in the State of Michigan and will be appointed and subject to
removal by the City Council.
Section 4.03 Planning. Consistent with all applicable
federal and state laws with respect to land use, development and
environmental protection, the City Council shall:
(1) Designate and appoint a planning commission under state
law to carry on all responsibilities set forth by state statute
including, but not limited to, the adopting, amending and
revising of comprehensive and master plans of the City, making
determinations as required or permitted by state law on all
matters which may come before it, and making recommendations to
the City Council as to zoning ordinance amendments, zone changes
and other actions requiring City Council action.
(2) Adopt zoning ordinances, zone changes and ordinance
amendments, including, but not limited to, prescribing in
ordinance form such development and land use regulations and
standards as may be appropriate in its judgment and in
accordance with state law.
ARTICLE V
FINANCIAL PROCEDURES
Section 5.01 Fiscal Year. The fiscal year of the City shall
begin on the first day of December and end on the last day of
November.
Section 5.02 Submission of Budget and Budget Message. Before
the commencement of the fiscal year, the city manager shall submit to the
City Council a budget for the ensuing fiscal year and an accompanying
message.
Section 5.03 Budget Message. The city manager's message
shall explain the budget both in fiscal terms and in terms of the work
programs. It shall outline the proposed financial policies of the City for
the ensuing fiscal year, describe the important features of the budget,
indicate any major changes from the current year in financial policies,
expenditures, and revenues together with the reasons for such changes,
summarize the City's debt position and include such other material as the
city manager deems desirable.
Section 5.04 Budget.
(a) General Provisions. The budget shall provide a complete
financial plan of all City funds and activities for the ensuing fiscal
year and, except as required by law or this charter, shall be in such form
as the city manager deems desirable or the City Council may require. The
budget shall begin with a clear general summary of its contents; shall
show in detail all estimated income, indicating the proposed property tax
levy, and all proposed expenditures, including debt service, for the
ensuing fiscal year. It shall indicate in separate sections:
(1) The proposed goals and objectives and expenditures for
current operations during the ensuing fiscal year, detailed
for each fund by organization unit, and program, purpose or
activity, and the method of financing such
expenditures;
(2) Proposed capital expenditures during the ensuing fiscal
year, detailed for each fund by organization unit when
practicable, and the proposed method of financing each such
capital expenditure; and
(3) The anticipated income and expense for the ensuing year
for each utility or other enterprise fund operated by the
City.
For any fund, the process of budgeting and appropriations shall comply
with State law, which shall control if in conflict with this
charter.
(b) Capital Improvement. Any capital improvement items contained in
the budget may be financed by the issuance of bonds as part of the budget
system, provided that the amount of such bonds together with the taxes
levied for the same year shall not exceed the limit of taxation authorized
by law.
Section 5.05 City Council Action on Budget.
(a) Notice and hearing. The City Council shall publish in one or
more newspapers of general circulation in the City the general summary of
the budget and a notice stating:
(1) The times and places where copies of the budget and
budget message are available for inspection by the public,
and
(2) The time and place of a public hearing on the
budget.
The notice shall be published at least six days prior to the public
hearing.
(b) Amendment Before Adoption. After the public hearing, the City
Council may adopt the budget with or without amendment. In amending the
budget, it may add or increase programs or amounts and may delete or
decrease any programs or amounts, except expenditures required by law or
for debt service or for an estimated cash deficit, provided that no
amendment to the budget shall increase the authorized expenditures to an
amount greater than total estimated income.
(c) Adoption. The City Council shall adopt the budget prior to the
start of the ensuing fiscal year.
Section 5.06 Appropriation and Revenue Ordinances. To
implement the adopted budget, the City Council shall adopt, prior to the
beginning of the ensuing fiscal year:
(a) an appropriation resolution meeting the requirements of
state
law;
(b) any ordinances or resolutions required in connection with
tax levies or the raising of revenues;
(c) take any other action required by law in order to
implement the budget of the City, including the establishment
and maintenance of a system of accounts conforming to the
uniform system of accounts required by state
law.
Section 5.07 Amendments after Adoption.
(a) Supplemental Appropriations. If during the fiscal year the city
manager certifies that there are available for appropriation revenues in
excess of those estimated in the budget, the City Council by resolution
may make supplemental appropriations for the year up to the amount of such
excess.
(b) Emergency Appropriations. To meet a public emergency affecting
life, health, property or the public peace, the City Council may make
emergency appropriations. To the extent that there are no available
unappropriated revenues or a sufficient fund balance to meet such
appropriations, the Council may provide by ordinance or resolution for
borrowings authorized by state law.
(c) Reduction of Appropriations. If at any time during the fiscal
year it appears probable to the city manager that the revenues or fund
balances available will be insufficient to finance the expenditures for
which appropriations have been authorized, the manager shall report to the
City Council without delay, indicating the estimated amount of the
deficit, any remedial action taken by the manager and recommendations as
to any other steps to be taken. The Council shall then take such further
action as it deems necessary to prevent any deficit and for that purpose
it shall by resolution reduce one or more appropriations to avoid
incurring a deficit at the end of the fiscal year.
(d) Transfer of Appropriations. At any time during the fiscal year
the City Council may by resolution transfer part or all of the
unencumbered appropriation balance from one department or major
organizational unit to the appropriation for other departments or major
organizational units. The manager may transfer part or all of any
unencumbered appropriation balances among programs within a department or
organizational unit and shall report such transfers to the Council in
writing in a timely manner.
(e) Limitation; Effective Date. No appropriation for debt service
may be reduced or transferred, and no appropriation may be reduced below
any amount required by law to be appropriated or by more than the amount
of the unencumbered balance thereof. The supplemental and emergency
appropriations and reduction or transfer of appropriations authorized by
this section may be made effective immediately upon adoption.
Section 5.08 Lapse of Appropriations. Every appropriation,
except an appropriation for a capital expenditure, shall lapse at the
close of the fiscal year to the extent that it has not been expended or
encumbered. An appropriation for a capital expenditure shall continue in
force until expended, revised or repealed; the purpose of any such
appropriation shall be deemed abandoned if three years pass without any
disbursement from or encumbrance of the appropriation.
Section 5.09 Administration of the Budget. The City Council
may require the city manager to submit for review and approval written
policies and procedures for administering the budget.
Section 5.10 Overspending of Appropriations Prohibited. No
payment shall be made or obligation incurred against any allotment or
appropriation except in accordance with appropriations duly made and
unless the city manager or the manager's designee first certifies that
there is a sufficient unencumbered balance in such allotment or
appropriation and that sufficient funds therefrom are or will be available
to cover the claim or meet the obligation when it becomes due and payable.
Any authorization of payment or incurring of obligation in violation of
the provisions of this charter shall be void and any payment so made shall
be illegal. Any officer violating this provision shall be dealt with in
accordance with the laws of the State of Michigan. Except where prohibited
by law, however, nothing in this charter shall be construed to prevent the
making or authorizing of payments or making of contracts for capital
improvements to be financed wholly or partly by the issuance of bonds or
to prevent the making of any contract or lease providing for payments
beyond the end of the fiscal year.
Section 5.11 Public Records. Copies of the budget, capital
program and appropriation and revenue ordinances shall be public records
and shall be made available to the public at suitable places in the
City.
ARTICLE VI
BONDS
Section 6.01 Bonds, issuance; City Council, authority. The
City Council may borrow money and issue bonds for any purpose within the
scope of the powers of the City, to the extent, in the manner, and for the
purposes authorized by state law.
Section 6.02 Total bonded indebtedness, restriction. The
total amount of bonded indebtedness of the City shall at no time exceed
that permitted by constitution or state law.
Section 6.03 Bonds; terms, forms. All details as to the
terms and form of bonds and the issue thereof shall be determined by the
City Council.
ARTICLE VII
TAXATION
Section 7.01 Taxation; state law. The City may annually levy
and collect property taxes in a sum, except as otherwise provided by law,
not to exceed 1% (10 mills per dollar) of the assessed value of the
real and personal property in the City. 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 North Muskegon and the taxing officers of the City
shall have the same powers and shall be subject to the same duties as like
officers under the state law. The subjects of taxation for municipal
purposes shall be the same as for state, county and school purposes under
general state tax law. The levy, collection and return of state, county
and school taxes shall be made in conformance with the general laws of the
State.
Section 7.02 Board of review; composition, sessions;
regulations. The Board of Review shall consist of three members
appointed by the City Council. It shall meet for the purpose of reviewing
the tax assessment roll in accordance with the state tax laws. It shall
choose one of its members to be chairperson and one to be clerk of the
board. It shall regulate for itself its order of proceeding, but no person
who shall appear before it shall be refused a reasonable opportunity for a
hearing. It shall remain in session for the times required by state law
and such further times as it deems necessary to complete its work.
Thereafter the chairperson and clerk shall certify the tax assessment roll
provided for by general tax law. The City Council, by resolution, shall
appoint such staff as is necessary to assist the Board of Review.
Section 7.03 Meetings, notice required. The city clerk shall
give notice to the public of the time and place of meeting of the Board of
Review by publication in at least one newspaper of general circulation in
the City in accordance with state law.
Section 7.04 Taxes; due date; collection fees. Collection
fees, penalties and interest on taxes shall be collected by the City
Treasurer in accordance with the provisions of state law.
ARTICLE VIII
ELECTIONS
Section 8.01 City Elections.
(a) Regular Elections; Nomination; Petition. The regular City
election shall be on the first Tuesday succeeding the first Monday in
November of each year. Candidates for City Council and mayor shall be
nonpartisan and shall be nominated by petitions containing the signatures
of at least 20 but not more than 40 registered voters registered to
vote.
(b) Registered Voter Defined. All citizens legally registered under
the constitution and laws of the state of Michigan to vote in the City
shall be registered voters of the City within the meaning of this
charter.
(c) Conduct of Elections. The provisions of the general election
laws of the state of Michigan shall apply to elections held under this
charter. All elections provided for by the charter shall be conducted by
the election authorities as established by law. Candidates shall run for
office without party designation. For the conduct of City elections, for
the prevention of fraud in such elections and for the recount of ballots
in cases of doubt or fraud, state election law shall be followed.
(d) Special Elections. The City Council may request a special
election, which shall be conducted pursuant to the election laws of the
State of Michigan, but no more than two special elections may be called by
the City each calendar year.
(e) Election Commission. The City Council shall appoint a
three member city election commission for a one (1) year term.
ARTICLE IX
GENERAL PROVISIONS
Section 9.01 Conflicts of Interest. No public officer or
employee shall violate prescribed standards of conduct established by
state law.
The use of public office for private gain is prohibited. The City
Council shall implement this prohibition by ordinance. Regulations to this
end shall include but not be limited to: acting in an official capacity on
matters in which the official has a private financial interest clearly
separate from that of the general public; the acceptance of gifts and
other things of value; acting in a private capacity on matters dealt with
as a public official; the use of confidential information; and appearances
by City officials before other City agencies on behalf of private
interests. Ordinances and regulations regarding conflict of interest shall
be limited and superseded by state law in matters which are covered in
state statute.
Section 9.02 Prohibited Activities. No public official or
employee shall illegally discriminate in any personnel relationship,
illegally discriminate in the providing of municipal services, or impugn
the integrity of the public service by way of fraud or bribery. The City
Council shall further implement this provision by ordinance, which shall
be limited and superseded by state law in matters which are covered in
state statute.
Section 9.03 Special Assessments. Provisions for the
creation of special assessment, districts, rules and regulations, hearings
and levying of special assessments shall be determined by ordinance. The
City shall have the power to issue special assessment bonds in accordance
with state law, which, when payable in whole or in part from special
assessments, shall not be subject to debt limitations, except as otherwise
provided by state law.
Section 9.04 Franchises. The City shall provide by ordinance
for the requirements and conditions pursuant to which franchises may be
granted to public utilities and other franchisees. Franchises may be
granted pursuant to said ordinance in accordance with the Constitution and
the laws of the State of Michigan.
Section 9.05 Public Works and Improvements. The City shall
have the right to make and maintain public improvements and public works
for municipal purposes, acquire lands therefor in any legal manner and
provide for the cost thereof from public funds, subject only to the
limitations of the constitution and the laws of the State of Michigan. The
City Council shall have the right to apportion costs of such improvements
and works between public expenditures and special assessments. The City
shall have control of all public ways and the spaces above and below same,
and further shall have the power to acquire, operate and maintain public
utilities and issue revenue bonds in connection therewith. The City
Council shall implement said powers by appropriate ordinance.
Section 9.06 Zoning; Planning. The City may prescribe by its
zoning ordinance zoning districts for land uses within the City. The City
may provide for planning of streets and alleys within its limits and
require conformance with said plans, and establish master plans.
Section 9.07 Licenses. The City may regulate and license
trades, occupations and amusements within its boundaries by ordinance, not
inconsistent with state or federal law.
Section 9.08 Building Regulations. The City may regulate
construction, maintenance and repair of buildings within its
boundaries.
Section 9.09 City Property. The City may purchase,
own, and sell real estate both within the City limits and outside of the
City limits. The sale of a park or cemetery, or part of a park or
cemetery, which is required under the City's Master Plan may be sold only
after a vote of the citizens authorizing such.
ARTICLE X
CHARTER AMENDMENT
Section 10.01 Proposal of Amendment. Amendments to this
charter may be framed and proposed in the manner provided by state
law.
Section 10.02 Election. A proposed amendment to this charter
shall be presented to the voters of the City at an election in the manner
and method provided by state law.
Section 10.03 Adoption of Amendment. If a majority of the
registered voters of the City voting upon a proposed charter amendment
vote in favor of it, the amendment shall become effective at the time
fixed in the amendment or as provided for in state law. If no time is
thereby fixed, the amendment shall be effective 30 days after its adoption
by the voters.
ARTICLE XI
TRANSITION/SEPARABILITY PROVISION
Section 11.01 Officers and Employees.
(a) Rights and Privileges Preserved. Nothing in this charter except
as otherwise specifically provided shall affect or impair the rights or
privileges of persons who are city officers or employees at the time of
its adoption.
(b) Continuance of Office or Employment. Except as specifically
provided by this charter, if at the time this charter takes full effect a
City administrative officer or employee holds any office or position which
is or can be abolished, the officer or employee shall continue until the
taking effect of some specific provision directing the vacating of the
office or position.
(c) Term of Officers and Employees. Where the office is held for a
fixed term, the term of a public official shall not be shortened or
extended beyond the period for which the official was elected or
appointed.
Section 11.02 Departments, Offices and Agencies.
(a) Transfer of Powers. If a City department, office or agency is
abolished by this charter, the powers and duties given it by law shall be
transferred to the City department, office or agency designated in this
charter or, if the charter makes no provision, designated by the City
Council.
(b) Property and Records. All property, records and equipment of
any department, office or agency existing when this charter is adopted
shall be transferred to the department, office or agency assuming its
powers and duties, but, in the event that the powers or duties are to be
discontinued or divided between units or in the event that any conflict
arises regarding a transfer, such property, records or equipment shall be
transferred to one or more departments, offices or agencies designated by
the City Council in accordance with this charter.
Section 11.03 Pending Matters. All rights, claims, actions,
orders, contracts and legal administrative proceedings shall continue
except as modified pursuant to the provisions of this charter and in each
case shall be maintained, carried on or dealt with by the City department,
office or agency appropriate under this charter.
Section 11.04 State and Municipal Laws. All city ordinances,
resolutions, orders and regulations which are in force when this charter
becomes fully effective shall remain in effect, provided, any ordinances
are repealed to the extent that they are inconsistent with this
charter.
Section 11.05 Schedule.
(a) Effective Date. This charter shall take effect for all
purposes, including but not limited to legislative, administrative,
fiscal, budgetary, and regulatory powers and actions of the City,
immediately upon certification of an election at which the registered
electors of the City approve its adoption, except that the City Council
shall act with previously elected city council members as its council
members, who shall continue to serve to the end of their existing terms as
stated herein.
(b) First Election. At the time of its adoption, this charter shall
be in effect to the extent necessary in order that as present terms end,
the position may be filled in accordance with Section 11.06.
(c) First Council Meeting With Elected Mayor. On the first or third
Monday of the month, whichever comes first, following the first election
of any city council members or the mayor under this charter, the Council
including as its members city council members, with unexpired terms shall
meet at 7:30 p.m. at City Council chambers in the City of North Muskegon,
City Hall:
(1) For the purpose of electing the mayor pro-tem,
appointing or considering the appointment of a city manager or
acting city manager, and choosing, if it so desires, one of
its members to act as temporary clerk pending appointment of a
city clerk pursuant to '3.04 and '4.02;
and
(2) For the purpose of adopting ordinances and resolutions
necessary to effect the transition of government under this
charter and to maintain effective City government during that
transition.
(d) Temporary Ordinances. In adopting ordinances as provided in
'11.05(c), the City Council
shall follow the procedures prescribed in Article II, except that at its
first meeting or any meeting held within 60 days thereafter, the Council
may adopt temporary ordinances to deal with cases in which there is an
urgent need for prompt action in connection with the transition of
government and in which the delay incident to the appropriate ordinance
procedure would probably cause serious hardship or impairment of effective
city government.
Every temporary ordinance shall be plainly labeled as such but shall be
introduced in the form and manner prescribed for ordinances generally. A
temporary ordinance may be considered and may be adopted with or without
amendment or rejected at the meeting at which it is introduced. After
adoption of a temporary ordinance, the Council shall cause it to be
printed and published as prescribed for other adopted ordinances. A
temporary ordinance shall become effective upon publication or at such
later time preceding automatic repeal under this subsection as it may
specify, and the referendum power shall not extend to any such ordinance.
Every temporary ordinance, including any amendments made thereto after
adoption, shall automatically stand repealed as of the 91st day following
the date on which it was adopted, renewed or otherwise continued except by
adoption in the manner prescribed in Article II for ordinances of the kind
concerned. Temporary ordinances shall be published as required in section
2.12(d).
Section 11.06 City Council. At the first election after
adoption of this charter, the three (3) City Council positions which are
to be filled in that election, shall be filled as follows:
(a) one (1) City Council member shall be elected for one (1)
year;
(b) one (1) City Council member shall be elected for two (2)
years;
(c) one (1) City Council member shall be elected for three
(3) years.
The candidates shall file their nomination for the term being
sought.
At the second election after adoption of this charter, the three City
Council positions which are to be filled in that election shall be filled
as follows:
(a) one (1) City Council member shall be elected for one (1)
year;
(b) one (1) City Council member shall be elected for two (2)
years;
(c) one (1) City Council member shall be elected for three
(3) years.
The candidates shall file their nomination for the term being
sought.
To the extent necessary to fulfill the intent of this section, Section
2.02, 2.03 and 8.01 shall apply.
The term of the elected City Council member shall neither be shortened
nor extended by the adoption of this charter.
Section 11.07 Separability. If any provision of this charter
is held invalid, the other provisions of the charter shall not be affected
thereby. If the application of the charter or any of its provisions to any
person or circumstance is held invalid, the application of the charter and
its provisions to other persons or circumstances shall not be affected
thereby.
CERTIFICATE
This charter was adopted at a regular open meeting of the Charter
Commission, held on
September , 1997. The meetings were properly held and noticed pursuant
to the Open Meetings Act of the State of Michigan, Act 267 of the Public
Acts of 1976.
City of North Muskegon Charter Commission
By
Charter Commission Secretary
CHARTER OF THE CITY OF NORTH MUSKEGON
INDEX
PAGE
PREAMBLE 1-2
ARTICLE I - POWERS OF THE CITY
Section 1.01 Powers of the City 3
Section 1.02 Intergovernmental Relations 3 Section 1.03 Public Welfare
and Safety 3
ARTICLE II - CITY COUNCIL
Section 2.01 General Powers and Duties 3
Section 2.02 Composition, Eligibility, Election and Terms 3 Section
2.03 Mayor 4
Section 2.04 Compensation; Expenses 4
Section 2.05 Prohibitions 4
Section 2.06 Vacancies; Forfeiture of Office; Filling of Vacancies
5
Section 2.07 Judge of Qualifications 5
Section 2.08 Investigations 5
Section 2.09 Independent Audit 5
Section 2.10 Procedure 6
Section 2.11 Action Requiring an Ordinance 6
Section 2.12 Ordinances in General 7
Section 2.13 Codes of Technical Regulations 7
Section 2.14 Authentication and Recording; Codification; Printing 8
Section 2.15 Initiative and Referendum 8
Section 2.16 Ordinance Penalties 10
ARTICLE III - CITY MANAGER
Section 3.01 Appointment and Qualifications 10 Section 3.02 Removal 11
Section 3.03 Acting City Manager 11 Section 3.04 Powers and Duties of the
City Manager 11
ARTICLE IV - DEPARTMENTS, OFFICES AND AGENCIES
Section 4.01 General Provisions 12 Section 4.02 City Officers 12
Section 4.03 Planning 13
ARTICLE V - FINANCIAL PROCEDURES
Section 5.01 Fiscal Year 14 Section 5.02 Submission of Budget and
Budget Message 14 Section 5.03 Budget Message 14 Section 5.04 Budget 14
Section 5.05 City Council Action on Budget 15 Section 5.06 Appropriation
and Revenue Ordinances 15 Section 5.07 Amendments after Adoption 16
Section 5.08 Lapse of Appropriations 17 Section 5.09 Administration of the
Budget 17 Section 5.10 Overspending of Appropriations Prohibited 17
Section 5.11 Public Records 17
ARTICLE VI - BONDS
Section 6.1 Bonds, issuance; City Council, authority 17 Section 6.2
Total bonded indebtedness, restriction 17
Section 6.3 Bonds; terms, forms 17
ARTICLE VII - TAXATION
Section 7.01 Taxation; state law 18
Section 7.02 Board of review; composition, sessions; regulations 18
Section 7.03 Meetings, notice required 18
Section 7.04 Taxes; due date; collection fees 18
ARTICLE VIII - ELECTIONS
Section 8.01 City Elections 18
ARTICLE IX - GENERAL PROVISIONS
Section 9.01 Conflicts of Interest 19 Section 9.02 Prohibited
Activities 19
Section 9.03 Special Assessments 19
Section 9.04 Franchises 20
Section 9.05 Public Works and Improvements 20
Section 9.06 Zoning; Planning 20
Section 9.07 Licenses 20
Section 9.08 Building Regulations 20
Section 9.09 City Property 20
ARTICLE X - CHARTER AMENDMENT
Section 10.01 Proposal of Amendment 20 Section 10.02 Election 20
Section 10.03 Adoption of Amendment 21
ARTICLE XI - TRANSITION/SEPARABILITY PROVISION
Section 11.01 Officers and Employees 21 Section 11.02 Departments,
Offices and Agencies 21
Section 11.03 Pending Matters 21 Section 11.04 State and Municipal Laws
22
Section 11.05 Schedule 22 Section 11.06 City Council 23
Section 11.07 Separability 23
CERTIFICATE 24
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