| Revised
November 2010
TABLE OF CONTENTS Preamble
Chapter 1 - Name and Boundaries
Chapter 2 - Municipal Powers
Chapter 3 - Nominations and Elections
Chapter 4 - Organization of Government
Chapter 5 - General Provisions Regarding Officers and Personnel of
the Village
Chapter 6 - Procedures, Functions and Miscellaneous Powers of the
Council
Chapter 7 - Village Legislature
Chapter 8 - General Finance
Chapter 9 - Taxation
Chapter 10 - Borrowing Power
Chapter 11 - Special Assessments
Chapter 12 - Purchasing - Contracts - Leases
Chapter 13 - Municipality Owned Utilities
Chapter 14 - Public Utility Franchises
Chapter 15 - Miscellaneous
P R E A M B L E
We, the people of the Village of Beverly Hills, asking the blessing of Almighty
God, and by virtue of authority granted by the Constitution and Laws of the State
of Michigan, do hereby ordain and establish this home rule charter for the Village
of Beverly Hills.
CHAPTER 1
NAME AND BOUNDARIES
NAME AND BOUNDARIES:
SECTION
1.1. The name of this Village shall be Village of Beverly Hills. It shall include
within its present limits the following described territory, to-wit: "Part
of Section 1, all of Section 2 and 3, and a portion of Section 4, 9 and 10, T.
1 N., R.10E., Southfield Township, Oakland County, Michigan," more particularly
described as follows: Beginning
at the N.E. corner of Section 1, being the N.E. corner of said Township; thence
Southerly along the Easterly line of said Section 1 to the S.E. corner thereof;
thence Westerly along the Southerly lines of Section 1 and 2 to the S.W. corner
of said Section 2; thence Southerly along the Easterly line of Section 10 to the
E. quarter corner of said Section 10; thence Westerly along the E. and W. quarter
lines of said Section 10 to the center of Section 10; thence Westerly along the
Southerly line of lots 81 and 82 of "Berkshire Valleys #3" subdivision
to the S.W. corner of said lot 82; thence N. along the W. line of said lot 82
to the S.E. corner of lot 94 and the Northerly lines of lots 104, 105 and 106,
to the N.W. corner of said lot 106 of said subdivision; thence Southerly along
the W. line of said lot 106 to the S. E. corner of Lot 42 of "Berkshire Valleys
#1" subdivision; thence Westerly along the Southerly line of lots 42, 41,
40 and 39 to the S.W. corner of said lot 39 of said subdivision; thence southerly
along the Northerly line of lot 38 to the S.W. corner of lot 38 thereof; thence
Northwesterly to the S.E. corner of lot 22 of said subdivision; thence Northerly
along the S. line of said lot 22 to the N.W. corner of said lot 22, the same being
the most Northerly corner of lot 23; thence Southerly along the Westerly line
of lots 23 and 24 of said subdivision to the E. and W. quarter line of Section
10; thence Westerly along the E. and W. quarter line of Section 9 to the center
of said Section 9; thence Northerly along the N. and S. quarter lines of said
Section 9 and Section 4 to the N. quarter corner of said section 4; thence Easterly
along the N. lines of Section 4, 3, 2 and 1 to point of beginning; expressly excepting
therefrom however, the W 1/2 of the S. W. 1/4 and the W 25 acres of the N.E. 1/4
of the S.W. 1/4 of Section 1, known as Acacia Park Cemetery.
CHAPTER 2
MUNICIPAL POWERS
GENERAL POWERS:
SECTION
2.1. Unless otherwise provided or limited in this Charter, the Village and its
officers shall possess and be vested with any and all powers, privileges and immunities,
expressed or implied, which Villages and their officers are, or hereafter may
be permitted to exercise or to provide for in their charters under statute and
constitution, including all powers, privileges and immunities which Villages are,
or may be, permitted to provide in their Charters under the Constitution and statute,
including all the powers, privileges and immunities granted to Villages and their
officers by Public Act 3 of 1895, and including all powers, privileges and immunities
which Villages are, or may be, permitted to provide in their Charters by Public
Act 278 of 1909 as amended, as fully and completely as though these powers, privileges
and immunities were specifically enumerated and provided for in this Charter,
and in no case shall any enumeration of particular powers, privileges or immunities
herein be held to be exclusive. The
Village and its officers shall have power to exercise all municipal powers in
the management and control of municipal property and in the administration of
the municipal government, whether such powers be herein expressly enumerated or
not; to do any act to advance the interest of the Village, the good government
and prosperity of the municipality and its inhabitants; to make all laws which
shall be necessary and proper for carrying into execution the foregoing powers
and all other powers vested by the constitution in Villages, except where forbidden,
or where the subject is covered exclusively by a general law. FURTHER
DEFINITION OF POWERS: SECTION
2.2. In addition to the powers possessed by the Village under the Constitution
and statutes of the State of Michigan, and those set forth throughout this Charter,
the Village shall have power with respect to and may, by ordinance or other lawful
acts of its officers, provide for the following, subject to any specific limitation
placed thereon by this Charter: (a)
The regulation of trades, occupations, and amusements within its boundaries including
the sale of intoxicating liquors and the number of licenses to be issued therefor;
and for the prohibition of such trades, occupations and amusements as are detrimental
to the health, morals or welfare of its inhabitants;
(b) The establishment and vacation of streets, alleys, public ways and other public
places and the use, regulation, improvement and control of the surface of such
streets, alleys, public ways and other public places and of the space above and
beneath them; (c)
The acquisition by purchase, gift, condemnation, lease construction, or in any
manner permitted by statute, of private property of every type and nature for
public use, which property may be located within or without the County of Oakland
and which may be required for or incidental to the present or future exercise
of the purposes, powers and duties of the Village, either proprietary or otherwise; (d)
For the maintenance, development, operating, leasing and disposal of Village property
subject to any restrictions place thereon by statute of this Charter; provided,
specifically, that if it shall become necessary to take and appropriate private
property for the public uses or purposes specifically in this section, the right
to occupy and hold the same and the ownership therein and thereto, may be acquired
by the Village in the manner, and with like effect, as provided by the general
laws of this state relating to the taking of private property for public use in
cities and villages, including Chapter XIII of Public Act 3 of 1895; (e)
The selling and delivering of water, heat, power and light within and without
its corporate limits in an amount not to exceed that permitted by statute and
the Constitution; (f)
The use upon the payment of reasonable compensation, by others than the owners,
of property located in the streets, alleys and public places and used in the operating
of a public utility; (g)
The use, control and regulation of streams, water and water courses within its
boundaries, but not so as to conflict with the laws or actions thereunder where
a navigable stream is bridged or dammed; (h)
The enforcement of all such local, police, sanitary and other regulations as are
not in conflict with the general laws; (i)
The prohibiting or regulating the use, occupancy, sanitation and parking of house
trailers within the Village, and the right of the Village to so regulate any house
trailer shall not be abrogated because of any detachment thereof from its wheels
or because of placing it on, or attaching it to the ground by means of any temporary
or permanent foundation or in any manner whatsoever; (j)
The acquiring, establishment, operation, extension and maintenance of facilities
for the storage and parking of vehicles within its corporate limits, including
the fixing and collection of charges for service thereof on a public utility basis,
and for such purpose to acquire by gift, purchase, condemnation or otherwise the
land necessary therefor; (k)
Regulating, restricting and limiting the number and location of oil and gasoline
stations and storage in bulk plants; (l)
Establishing districts or zones within which use of land and structures, the height,
the area, the size and location of buildings and required open spaces for light
and ventilation of such buildings, and the density of population may be regulated
by ordinance in accordance with statutory provisions governing zoning; (m)
Licensing, regulating, restricting and limiting the number and location of advertising
signs or displays and billboards within the Village; (n)
The preventing of injury or annoyance to the inhabitants of the Village from anything
which is dangerous, offensive, or unhealthful, and for the preventing and abating
of nuisances and punishing those occasioning them or neglecting or refusing to
abate, discontinue or remove the same; (o)
The regulating of airports located within its boundaries and, for the purpose
of promoting and preserving the public peace, safety and welfare, controlling
and regulating the use of the air above the Village by aircraft, and airborne
missiles and spheres of all types; (p)
The requiring, as a condition of approving plats of land and premises hereafter
laid out, divided or plated into streets and alleys within the Village, that all
streets shown on said plat be graded and graveled or otherwise improved, that
all ditches, drains and culverts necessary to make such streets useable be constructed,
and that cement sidewalks be constructed in the proper places, all in accordance
with Village specifications. The Council may accept a bond conditioned upon the
installation of such of the foregoing improvements as it requires within such
time as it determines; (q)
The regulating and control of the collection and disposal of garbage and rubbish
with its boundaries;
(r) The requiring of an owner of real property within the Village to maintain
sidewalks abutting on such property, and if the owner fails to comply with such
requirements or if the owner is unknown, to construct and maintain such sidewalks
and assess the cost thereof against the abutting property in accordance with provisions
of Chapter 11 of this Charter; (s)
The requiring of an owner of real property within the Village to abate public
hazards and nuisances which are dangerous to the health or safety of inhabitants
of the Village within a reasonable time after the Council notifies the owner that
such hazard or nuisance exists, and if the owner fails to comply with such requirements,
or if the owner is unknown, to abate such hazard or nuisance and assess the costs
thereof against such property in accordance with provisions of Chapter 11; (t)
The compelling of owners of real property within the Village to keep sidewalks
abutting upon their property clear from snow, ice or other obstructions, and if
the owner fails to comply with such requirements; to remove such snow, ice or
other obstructions and assess the cost thereof against the abutting property in
accordance with provisions of Chapter 11; (u)
The control over all trees, shrubs and plants in the public streets, highways,
parks or other public places in the Village and all dead, diseased trees, noxious
weeds, shrubs, flowers and plants on private property and trees on private property
overhanging the street, sidewalk or public places, and the removal thereof and
assess the cost thereof against the abutting property in accordance with Chapter
11; (v)
A plan of streets and alleys within its limits; (w)
The maintenance, development, operation, leasing and disposal of Village property
subject to any restriction placed thereon by statute or this Charter; (x)
To establish any department that it may deem necessary for the general welfare
of the Village; provided, however, that this provision shall not extend to and
include public schools; (y)
A plan of street lighting within its limits. FURTHER
DEFINITION OF POWERS: SECTION
2.3. In accordance with the authority granted in Section 25 of Public Act 278
of 1909, all powers granted in Public Act 3 of 1895 which are not in conflict
with the provisions of this Charter, are hereby adopted as part of this Charter
by reference thereto, but the Village shall not be subject to any limitations
or restrictions of said Act except as provided in this Charter. INTERGOVERNMENTAL
CONTRACTS: SECTION
2.4. The Village shall have the power to join with any governmental unit or agency,
or with any number or combination thereof, by contract or otherwise as may be
permitted by law, to have performed (a) jointly, or (b) by one or more of them
for or on behalf of the other or others, or (c) by any other person, firm or corporation,
any function which is permitted to be so performed by law by such governmental
unit or agency. OUTSIDE
FIRE PROTECTION; SECTION
2.5. In the exercise of the powers contained in Section 2.1., the Council shall
have the right to contract with persons, firms, corporations or governing bodies
to furnish fire protection to property outside the Village boundaries for a fair
consideration, if the Council shall find that the financial interests of the Village
are advanced by obtaining payments therefor; or that the prosperity of the municipality
and the inhabitants are advanced through preventing a conflagration which might
spread within the Village or through protecting from fire industrial or commercial
properties at which residents of the Village are employed.
CHAPTER 3
NOMINATIONS AND ELECTIONS ELECTION
DISTRICTS: VOTING PRECINCTS: SECTION
3.1. The Village shall constitute one (1) election district and five (5) voting
precincts, except the Council may establish additional precincts by ordinance
or resolution. The Council shall fix the location of the polling places. QUALIFICATIONS
OF ELECTORS: SECTION
3.2. The residents of the Village having the qualifications of electors in the
State of Michigan shall be electors of the Village. ELECTION
DATES: SECTION
3.3. A regular Village election shall be held on the second Monday in March of
each year commencing in 1992. {Overturned by Public Act 298 of 2003} ELECTION
PROCEDURES:
SECTION 3.4. The election of all Village officers shall be
on a nonpartisan basis. Otherwise, general election laws shall apply to and control
all procedures relating to registration and elections unless provided herein. ELECTIVE
OFFICERS AND TERMS OF OFFICE: SECTION
3.5. Elective Officers and Terms of Office, Section 3.5. The elective officers
of the Village shall be a village council of seven (7) members. One of said council
members shall be in turn elected by the Council as village president. At each
regular Village election, in November of each even-numbered year, three or four
council persons shall be elected on a single ballot. Each elector shall be entitled
to vote for not more than three or four candidates. All terms shall commence with
the Tuesday next following the election. Depending on the number of available
council terms, the three or four candidates receiving the highest number of votes
shall be elected to a four-year term for the office of councilperson. This provision
shall commence in November 2008. To implement this provision, the three candidates
who receive the highest number of votes at the November 2008 Village Election
shall be elected to terms ending with the 2012 regular Village election. The four
council candidates with the next highest number of votes shall be elected to two-year
terms ending with the 2010 Village Election (Amended Aug 2008). SPECIAL
ELECTIONS: SECTION
3.6. Special elections may, subject to the laws of the state, be held at such
times as the Council may by resolution determine, the purpose and object of which
shall be set forth in the resolution calling such election. NOTICE
OF ELECTION: SECTION
3.7. Notice of the time and place of holding any Village election and of the officers
to be elected and the matters to be voted upon shall be given by the Clerk by
posting such notice in three (3) public places in the Village and by publishing
such notice not less than two (2) weeks prior to such election. FORM
OF BALLOT: SECTION
3.8. The form, printing and numbering of ballots in all elections shall conform
to that prescribed by statute except that no party designation or emblem shall
appear. The names of candidates shall rotate in manner prescribed by statute. VOTING
HOURS: SECTION
3.9. The polls of all elections shall be opened and closed at the time prescribed
by statutes at state elections. ELECTION
COMMISSION, BOARD OF CANVASSERS, AND ELECTION INSPECTORS: SECTION
3.10. The Election Commission, Board of Canvassers and Election Inspectors shall
be constituted as provided by statute. NOMINATIONS: SECTION
3.11. The method of nomination of the elective officers shall be by petition signed
by not less than twenty-five (25) nor more than fifty (50) qualified electors
of the Village. All nominating petitions shall be filed with the Clerk between
the sixty-third (63rd) day preceding such election and four (4:00) P.M. on the
forty-second (42nd) day preceding such election. The form of petition shall be
substantially as that designated by the Secretary of State for nomination of nonpartisan
judicial officers. Signing of petitions shall be governed by general election
statutes. APPROVAL
OF PETITIONS: SECTION
3.12. The Clerk shall accept only nomination petitions which conform to the above
requirements, and if accepted, endorse thereon approval and date of filing. When
a petition is filed by persons other than person appearing thereon as candidate,
it may be accepted only when accompanied by the written consent of the candidate.
Within three (3) days after the last day for filing petitions, the Clerk shall
make the final determination as to the validity and sufficiency of each petition.
If the Clerk finds the petition does not satisfy the requirements, the Clerk shall
forthwith notify the candidate in writing of such fact, by personal messenger
if possible. Any
candidate whose petition is invalid or insufficient shall be allowed to file supplementary
or replacement petition before four P.M. on the fifth day after the last day for
filing original petition; thereafter no further petitions may be filed. CERTIFICATION: SECTION
3.13. The names of the candidates who file valid nomination petitions shall be
certified by the Clerk to the Election Commission to be placed on the ballot for
the next Village election. In the event that the number of petitions filed for
any election does not equal the number of such offices to be filled, the Council
shall, by resolution and with the written consent of such persons, nominate such
additional qualified persons as may be necessary to make the number of candidates
equal to the number of offices to be filled. Such resolution shall be passed within
ten (10) days after the last day for filing original petitions. PUBLIC
INSPECTION OF PETITION: SECTION
3.14. All nominating petitions shall be open to public inspection in the office
of the Clerk. CANVASS
OF VOTES: SECTION
3.15. Immediately on closing of polls, the Board of Election Inspectors shall
count the ballots and ascertain the number of votes cast for each of the candidates
and upon each of the matters voted upon, and make return thereof to the Village
Clerk. The Board of Canvassers shall convene at eight (8:00) P.M. on the day succeeding
each election and shall canvass the results of said election, and shall determine
whether questions and propositions voted upon have been adopted or rejected and
what persons have been elected to the several offices respectively, and shall
notify the successful candidates of their election. The Clerk shall make under
the corporate seal of the Village duplicate certificates of the determinations
of the Board and file one (1) with the County Clerk and one with the Village Clerk's
office. TIE
VOTE: SECTION
3.16. If at any election there be no choice between candidates by reason of two
(2) or more candidates having received an equal number of votes, then the Commission
shall appoint a date for the appearance of such persons as have received tie votes,
for the purpose of determining by lot among such persons the right to such office,
and shall cause notice thereof to be given to all such persons interested, if
such persons can be found. The manner of determining by lot shall be the same
as provided by the general laws of the State, and whether such persons appear
or not, shall be final. RECOUNT: SECTION
3.17. A recount of the votes cast at any election for any office or on any matter
may be had in accordance with election statutes. RECALL: SECTION
3.18. Any elected official may be recalled from office by the electors of the
Village in the manner provided by statute. A vacancy created by same shall be
filled in the manner prescribed by statute.
CHAPTER 4
ORGANIZATION OF GOVERNMENT THE
COUNCIL: SECTION
4.1. There shall be a Council of seven (7) members, one (1) of whom shall serve
as President. The Council shall constitute the legislative and governing body
of the Village and shall have power and authority, except as otherwise provided
in this Charter or by statute, to exercise all powers conferred upon or possessed
by the Village, and shall have the power and authority to adopt such laws, ordinances
and resolutions as it shall deem proper in the exercise thereof. In all cases
where the word "Council" is used in this Charter, the same shall be
synonymous with any other term used in any statute or federal law in referring
to municipal legislative or governing bodies. REMUNERATION
OF MEMBERS OF THE COUNCIL: SECTION
4.2. The President and each Councilmember shall receive as remuneration for service
to the Village the sum of Ten dollars ($10.00) per meeting of the Council actually
attended, but not to exceed in total Three Hundred dollars ($300.00) per year,
excepting that the President shall also receive the sum of One Hundred dollars
($100.00) per year for additional duties (as such). Such salaries shall be payable
semi-annually, and shall constitute the only salary or remuneration which may
be paid for services performed by the President or any Councilmember for the discharge
of any official duty for or on behalf of the Village during their term of office.
Upon authorization of the Council reasonable expense may be allowed when actually
incurred on behalf of the Village. SELECTION
OF PRESIDENT AND PRESIDENT PRO TEM: SECTION
4.3. The Council shall at its first regular meeting following each regular Village
election, elect one (1) of its members to serve as President and one (1) to serve
as President Pro Tem. The President Pro Tem shall perform the duties of the President
when, on account of absence from the Village, disability or otherwise, the President
is temporarily unable to perform the duties of office, and in case of vacancy
in the office of President, until such vacancy is filled by the Council. The President
Pro Tem shall preside over the meetings of the Council at the call of the President.
In the event of a vacancy occurring in the office of President or President Pro
Tem, the Council shall appoint one (1) of its elected members to fill such vacancy.
DUTIES OF PRESIDENT: SECTION
4.4. The duties of the President shall be as follows: a)
Insofar as required by statute, and for all ceremonial purposes, the President
shall be the executive head of the Village. (b)
The President shall have a voice and vote in the proceedings of the Council equal
with that of the other members of the Council, but shall have no veto power. Shall
be the presiding officer of the Council. (c)
The President shall be the conservator of the peace and may in emergencies exercise
within the Village the powers conferred upon sheriffs to suppress riot and disorder,
and shall have the authority to command the assistance of all able-bodied citizens
to aid in the enforcement of the ordinances of the Village and to suppress riot
and disorder. (d)
The President shall execute or authenticate by signature such instruments as the
Council, this Charter or any statute or law of the United States shall require. (e)
The President shall exercise only such powers as this Charter or the Council shall
specifically confer upon the office of President, except as may be required by
statute. DUTIES
OF CLERK: SECTION
4.5. (a)
The Clerk shall be Clerk of the Council. The Clerk shall give notice of its meetings,
attend all meetings of the Council and shall keep a permanent journal of its proceedings
in the English language; and shall keep a record of all ordinances, resolutions,
and actions of the Council. (b)
The Clerk shall have power to administer all oaths required by state law, this
Charter and the ordinances of the Village. (c)
The Clerk shall be custodian of the Village seal, and shall affix it to all documents
and instruments requiring the seal and shall attest the same. The Clerk shall
also be custodian of all papers, documents, and records pertaining to the Village,
the custody of which is not otherwise provided for by this Charter. All reports
entrusted with such records shall so maintain and keep the same that they may
be available to the public at all reasonable times. The Clerk shall give to the
proper officials of the Village ample notice of the expiration or termination
of any official bonds, franchises, contracts, or agreements to which the Village
is a party. (d)
The Clerk shall certify by signature all ordinances and resolutions enacted or
passed by the Council and perform any other duties required of by state or federal
law, this Charter, or by the Council and ordinances of the Village. (e)
The Clerk shall be the general accountant of the Village, shall keep the books
of account of the assets, liabilities, receipts, and expenditures of the Village,
and shall keep the Council and Village Manager informed as to the financial affairs
of the Village. The system of accounts of the Village shall conform to such uniform
systems as may be required by law. (f)
The Clerk shall examine and audit all accounts and claims against the Village.
No withdrawals shall be made from any Village fund which, after deducting all
prior withdrawals therefrom, has not a sufficient amount therein to pay such proposed
withdrawal. (g)
The Clerk shall, at least quarterly, and at any time upon direction of the Village
Manager or Council, examine and audit all books of account kept by any official,
board, or department of the Village. The Clerk shall examine and audit all books
of account of the Treasurer at least once each month. (h)
The Clerk shall balance all the books and account of the Village at the end of
each calendar month, and shall make a report thereon to the Village Manager, or
Council. (i)
The Clerk shall keep accurate detailed accounts of: 1.
All taxes assessed by the Village, and all monies due the Village from any and
every source; 2.
All monies received and the several sources from which derived; 3.
All funds of the Village and disbursements made therefrom; (j)
The Clerk shall perform such other duties in connection with his/her office as
may be required by state or federal law, this Charter, the resolutions or ordinances
of the Council. VILLAGE
MANAGER: SECTION
4.6. All administrative powers, duties, and functions of the Village shall be
vested in the Village Manager, except as otherwise provided in this Charter. The
Village Manager shall be elected by the Council on the basis of training and ability
in work which would qualify a person for the position of Village Manager, and
shall hold office at the pleasure of the Council. The Village Manager need not
be a resident of the Village at the time of appointment but shall, unless excused
by the Council, become a resident of the Village within ninety (90) days after
appointment and so remain throughout the tenure of office. The Village Manager,
may, with the approval of the Council, designate an administrative officer or
employee of the Village to perform the duties of the Village Manager during temporary
absence or incapacity. No person acting as Village Manager in a temporary capacity,
whether during the absence or disability of the Village Manager or during a vacancy
in that office, shall make any change in the administrative officers of the Village
without the consent of the Council. FUNCTIONS
OF THE VILLAGE MANAGER: SECTION
4.7. The Village Manager shall be the chief administrative officer of the Village
government. The Village Manager shall carry out the policies formulated by the
Council and is charged with the responsibility of supervision and management of
all the services of the Village and with responsibility for the enforcement of
the ordinances of the Village, this Charter, and applicable laws of the State.
The Village Manager shall make the reports to the Council required by this Charter,
and such others as may be required by ordinance or by resolution of the Council,
and, in addition thereto, any which the Village Manager may deem advisable. The
Village Manager shall prepare the budget of the Village for consideration by the
Council, as in the Charter provided, and upon the adoption thereof by the Council,
as in this Charter provided; shall administer the budget so adopted and keep the
Council at all times informed as to the financial affairs of the Village. The
Village Manager shall have the right to take part in the discussion of all matters
coming before the Council, but shall have no vote. In addition to the duties prescribed
by this Charter, the Village Manager shall perform such other duties as may be
required by ordinance or by resolution of the Council. PRESIDENT
TO PERFORM DUTIES OF VILLAGE MANAGER IN CERTAIN CASES: SECTION
4.8. In the event a Village Manager shall not be appointed, or should a vacancy
at any time exist in such office, the President shall perform the functions which
would otherwise be performed by the Village Manager unless the Council shall otherwise
direct, expressly provided, however, that any appointment to office made by the
President under this section shall be made subject to the approval of the Council. OTHER
ADMINISTRATIVE OFFICERS: SECTION
4.9. In addition to the Village Manager, and subordinate in the performance of
the duties of their several offices, except the Clerk, Treasurer and Village Attorney
insofar as their duties as Clerk and Treasurer of, and attorney for the Council
are concerned, the administrative officers of the Village shall be the Clerk,
the Treasurer, the Assessor, the Village Attorney, the Director of Public Safety,
the Health Officer, and other officers included in the administrative plan approved
by the Council. The Council may, by resolution, combine any administrative offices
in any manner which is not inconsistent with the provisions of state law or this
Charter. No combination of administrative offices one with another shall abolish
the office of Village Manager or diminish any of the duties or responsibilities
of that office as set forth in this Charter. APPOINTMENT
OF ADMINISTRATIVE OFFICERS AND EMPLOYEES OF THE VILLAGE: SECTION
4.10. All administrative officers of the Village, except the Village Manager,
the Treasurer, the Assessor, and the Village Attorney, shall be appointed or selected
by the Village Manager and shall serve at the pleasure of the Village Manager,
who shall set their salaries in accordance with budget appropriations. The
Village Manager, Treasurer and Assessor and Village Attorney shall hold office
by virtue of election by the Council, which body shall also set their salaries.
They shall hold office at the pleasure of the Council. (a)
The Office of Village Clerk shall be filled thusly. The Clerk shall be elected
by and hold office at the pleasure of the Council, which body will also set the
salary of the Clerk in accordance with budget appropriations. APPOINTMENT
OF OTHER OFFICERS, HEADS OF DEPARTMENTS AND EMPLOYEES: SECTION
4.11. The Village Manager shall appoint such other officers, heads of departments,
and employees as may be required by ordinance or resolution of the Council. Every
election or appointment of an administrative officer shall be for an indefinite
term. Each officer or department head may name a deputy, subject to the approval
of the Village Manager. DUTIES
OF ADMINISTRATIVE OFFICERS:
SECTION
4.12. All administrative officers of the Village shall perform such duties as
are provided for such officers by state law, this Charter, the Village ordinances,
and the administrative directives of the Village Manager. Unless the Council shall
otherwise provide by ordinance specifying another officer of the Village, the
Clerk shall be the chief accountant and auditor of the Village or such other officer
as shall be so designated by the Council, shall, subject to the direction of the
Village Manager, maintain a system of municipal accounts. Each Village officer
shall exercise and possess all of the powers, privileges, and immunities granted
to Village and Township officers exercising the same duties for Villages and Townships
generally under the general laws of the state. VILLAGE
OFFICERS AND EMPLOYEES BENEFITS: SECTION
4.13. The Council may provide by ordinance for the merit system of personnel management
for employees in the service of the Village, and may provide for a pension system,
recognized standard plan of group life, hospital, health or accident insurance
for its appointive officers and employees. CHAPTER
5 GENERAL
PROVISIONS REGARDING OFFICERS
AND PERSONNEL OF THE VILLAGE ELIGIBILITY
FOR OFFICE IN VILLAGE: SECTION
5.1. No person shall hold any elective office of the Village unless that person
has been a resident of the Village for at least one (1) year immediately prior
to the last day for filling supplemental petitions for such office and is also
a qualified and registered elector of the Village on such day and throughout tenure
of office. The
Council shall be the sole judge of the election and qualification of its own members. All
administrative officers shall be citizens of the United States. No
elected officer may be appointed to any Village office or be employed by the Village
during the term of office for which elected. RESIDENCE
REQUIREMENTS FOR APPOINTIVE OFFICERS: SECTION
5.2. All officers of the Village except qualified members of a profession, including,
but not by way of limitation, law, engineering and medical profession, if not
residents of the Village at the time of their appointment, shall, unless excused
by the Council, become residents thereof within ninety (90) days thereafter and
shall so remain while so serving. {Overturned by MCL 15.602 (Residency of Public
Employees) "a public employer shall not require….that a person reside
within a specified geographic area…" NEPOTISM: SECTION
5.3. Except and unless upon unanimous vote of the Council, relatives by blood
or marriage of any Councilmember, or the Village Manager, within the second degree
of consanguinity or affinity, are bona fide appointive officers or employees of
the Village at the time of the election of such officers or appointment of such
Village Manager, such relatives shall be disqualified from holding any appointive
office or from being employed by the Village during the term for which such Councilmember
was elected, or during the tenure of office of such Village Manager. If the status
of relationship between any employee of the Village and any officer of the Village
changes to a relationship prohibited hereby after one year following the employment
of such person or election or appointment of such officer, the provisions of this
section shall not apply. VACANCIES
IN OFFICE: SECTION
5.4. The office of any Councilmember including the President shall be declared
vacant by the Council before the expiration of the term of such office: (a)
For any reason specified by statute or by this Charter as creating a vacancy in
office; (b)
If no person is elected to, or qualifies for, the office at the election at which
such office is to be filled; (c)
If the Councilmember shall be found guilty by a competent tribunal of any act
constituting misconduct in the office under the provisions of this Charter; (d)
If the Councilmember shall miss four (4) consecutive regular meetings of the Council
or twenty-five percent (25%) of such meetings in any fiscal year of the Village
unless such absence shall be excused by the Council and the reason therefor entered
in its proceedings at the time of each absence; (e)
If the Councilmember is removed from office by the Council in accordance with
the provisions of Section 5.5. The
office of any member of any board or commission created by this Charter shall
be declared vacant for reasons a, c, or e, as listed in the foregoing part of
this section. REMOVALS
FROM OFFICE: SECTION
5.5. Removals of Councilmembers (including the President) and members of boards
or commissions created by this Charter by the Council shall be made for either
of the following reasons: (1) for any reason specified by statute for removal
of Village officers by the Governor, (2) for any act declared by this Charter
to constitute the misconduct in office. Such removals by the Council shall be
made only after hearing of which such officers has been given notice by the Clerk
at least ten (10) days in advance either personally or by delivering the same
at the last known place of residence. Such notice shall include a copy of the
charges against such officer. The hearing shall afford an opportunity to the officer,
in person or by attorney, to be heard in defense, to cross-examine witnesses and
to present testimony. If such officer shall neglect to appear at such hearing
and answer such charges, this failure to do so may be deemed cause for removal.
A majority vote of the members of the Council in office at the time, exclusive
of any member whose removal is being considered, shall be required for any such
removal. RESIGNATIONS:
SECTION
5.6. Resignations of elective and appointive officers shall be made in writing
and filed with the Clerk and shall be acted upon by the Council at its next regular
meeting following receipt thereof by the Clerk. FILLING
VACANCIES: SECTION
5.7. (a)
Vacancies in offices elective or appointive by the Council shall be filled in
the manner provided for the original filling of such office.
(b) Vacancies
in Councilmember offices shall, within sixty (60) days after such vacancy occurs,
be filled for the unexpired term of the Councilmember whose office has become
vacant by appointment by a majority vote of the members of the Council then in
office of a person possessing the qualifications for the office.
If any
such vacancy in the position of Councilmember is not filled within sixty (60)
days, or if three (3) or more vacancies exist simultaneously in such position,
the Clerk shall within ten (10) days thereafter call a special election to be
held sixty (60) days thereafter to fill such vacancies for the unexpired term
of the Councilmember whose offices have become vacant. Notwithstanding
the foregoing, no vacancy in an elective office shall be filled in any manner
if the term of the person whose office has become vacant expires within ninety
(90) days after the vacancy occurs. NO
CHANGE IN TERM OF OFFICE OR COMPENSATION: SECTION
5.8. Except by procedures provided in this Charter, the terms of Councilmembers
and of members of Boards or Commissions appointed for a definite term shall not
be shortened or extended beyond the period for which the officer was elected or
appointed, except that a Councilmember shall, after the term has expired, continue
to hold office until a successor is elected or appointed and has qualified. The
salary of any elective officer shall not be changed from the day the office is
elected until the end of the term of office for which elected. COMPENSATION
OF EMPLOYEES AND OFFICERS: SECTION
5.9. The compensation of all employees and officers of the Village whose compensation
is not provided for herein shall be fixed by the Council within the limits of
budget appropriations. The
respective salaries and compensation of officers and employees as fixed pursuant
to this Charter shall be in full for all official services of such officers or
employees and shall be in lieu of all other compensation receivable by such officers
or employees for their services. Any
fees, commissions and other compensation shall belong to the Village and shall
be collected and accounted for by such officers or employees and be paid into
the Village treasury and a statement thereof filed periodically with the Clerk. Nothing
contained in this section shall prohibit the payment of necessary bona fide expenses
incurred in service in behalf of the Village. FINANCIAL
INTEREST IN CONTRACT OR PURCHASE: SECTION
5.10. (a)
No contract or purchase involving an expenditure in excess of One Hundred dollars
($100.00) shall be made by the Village in which any elective or appointive officer,
or any member of a Village board or commission created by or pursuant to this
Charter, or any member of their family, has any financial interest, direct or
indirect, other than the common public interest. A "contract" shall,
for the purposes of this section, include any arrangement or agreement pursuant
to which any material, service, or other thing of value is to be furnished to
the Village for a valuable consideration to be paid by the Village, or sold or
transferred by the Village, except the furnishing of personal services as an officer
or employee of the Village; and the term "member of their family" shall
include only spouse, child, grandchild, father, mother, sister, brother, and/or
the spouse of any of them. (b)
Without limiting the generality of paragraph (a) of this section, an officer shall
be deemed to have financial interest in a contract if they or any member of their
family is a partner, officer, director, or sales representative of the person,
firm, or corporation with which such contract is made. Ownership, individually
or in a fiduciary capacity, by an officer or member of their family, of securities,
or of any beneficial interest in securities, of any corporation with which a contract
is made, or which is a sales representative of any person, firm or corporation
with which such contract is made, shall not be deemed to create a financial interest
in such contract unless the aggregate amount of such securities, or interest in
such securities, so owned by such officer and the members of their family, shall
amount to ten percent (10%) of any class of the securities of such corporation
then outstanding. (c)
Except as permitted in paragraph (a) of this section, any officer who knowingly
permits the Village to enter into any contract in which the officer has financial
interest without disclosing such interest to the Council, prior to the action
of the Council in authorizing such contract, shall be guilty of misconduct in
office. (d)
No officer shall stand as surety on any bond to the Village, or give any bail
for any other person, which may be required by the Charter or any ordinance of
the Village. Any officer of the Village who violates the provisions of this paragraph
shall be guilty of misconduct in office. OATH
OF OFFICE AND BOND: SECTION
5.11. Every officer, elective or appointive, before entering upon the duties of
office shall take the oath of office prescribed for public officers by the Constitution
and shall file the oath with the Clerk, together with any bond required by statute,
this Charter or the Council. In case of failure to comply with the provisions
of this section within ten (10) days from the date notified in writing of their
election or appointment, such officer shall be deemed to have declined the office
and such office shall thereupon become vacant unless the Council shall, by resolution,
extend the time in which such officer may qualify. SURETY
BONDS: SECTION
5.12. Except as otherwise provided in this Charter, all officers of the Village
whose duties involve the custody of public property or the handling of public
funds, either by way of receipt or disbursement or both, and all other officers
and employees so required by the Council shall, before they enter upon the duties
of their respective offices, file with the Village an official bond, in such form
and amount as the Council shall direct and approve. Such official bond of every
officer and employee shall be conditioned that they will faithfully perform the
duties of office, and will on demand deliver over to their successor in office,
or other proper officer or an agent of the Village, all books, papers, monies,
effects and property belonging thereto, or appertaining to their office, which
may be in their custody as an officer or employee; and such bonds may be further
conditioned as the Council may prescribe. The official bond of every officer whose
duty it may be to receive or pay out money, besides being conditioned as above
required, shall be further conditioned that they will, on demand, pay over or
account for to the Village or any proper officer or agent thereof, all monies
received by them as such officer or employee. The requirements of this paragraph
may be met by the purchase of one or more appropriate blanket surety bonds covering
all, or a group of, Village employees and officers. All
official bonds shall be corporate surety bonds and the premiums thereon shall
be paid by the Village. All bonds of all officers or employees shall be filed
with the Clerk, except that any bond pertaining solely to the Clerk shall be filed
with the Treasurer. DELIVERY
OF OFFICE: SECTION
5.13. Whenever any officer or employee shall cease to hold such office or employment
for any reason whatsoever, they shall within five (5) days or sooner on demand,
deliver to their successor in office or to the office of management all the books,
papers, monies and effects in their custody as such officer or employee. Any officer
violating this provision may be proceeded against in the same manner as public
officers generally for a like offense under statute. Any employee found guilty
of violating this provision by a competent tribunal may be punished by a fine
of not to exceed One Hundred dollars or imprisonment for not to exceed ninety
(90) days, or both, in the discretion of the court.
CHAPTER
6 PROCEDURES,
FUNCTIONS AND MISCELLANEOUS
POWERS OF THE COUNCIL REGULAR
MEETINGS: SECTION
6.1. The Council shall provide by resolution for the time and place of its regular
meetings and shall hold at least two (2) such meetings each month. If any time
set for the holding of a regular meeting of the Council shall be a holiday then
such regular meeting shall be held on the next secular day which is not a holiday.
If the Council meets at a place other than its regular meeting place, then public
notice to such effect shall be published in a newspaper circulated in the Village.
{Amended March 2004} SPECIAL
MEETINGS: SECTION
6.2. Special meeting of the Council shall be called by the Clerk on the written
request of the President or of any two (2) members of the Council, on at least
twenty-four (24) hours written notice to each member of the Council designating
the time, place and purpose of any meeting and served personally or left at their
usual place of residence by the Clerk or designee. Notwithstanding the foregoing
requirements for the calling of special meetings, any special meeting of the Council
at which all members of the Council are present or have in writing, waived the
requirements that notice be given at least twenty-four (24) hours prior to the
time specified for the holding of such meeting and at which a quorum of the Council
is present, shall be a legal meeting. {MCL 15.265 calls for 18 hours written notice
for a special meeting} BUSINESS
OF SPECIAL MEETINGS: SECTION
6.3. No business shall be transacted at any special meeting of the Council unless
the same has been stated in the notice of such meeting. However, other than the
enactment of an ordinance, any business which may lawfully come before a regular
meeting may be transacted at a special meeting if all the members of the Council
consent thereto, and all of the members absent file their written consent. MEETING
TO BE PUBLIC: SECTION
6.4. All regular and special meetings of the Council shall be open to the public
and citizens shall have a reasonable opportunity to be heard. QUORUM:
ADJOURNMENT OF MEETING: SECTION
6.5. Four (4) members of the Council shall be a quorum for the transaction of
business at all meetings of the Council, but in the absence of a quorum, the President
or any two (2) members may adjourn any regular or special meeting to a later date. COMPULSORY
ATTENDANCE AND CONDUCT AT MEETING: SECTION
6.6. Any three (3) or more members of the Council may by vote either request or
compel the attendance of its members and other officers of the Village at any
meeting. Any member of the Council or other officer who when notified of such
request for attendance fails to attend such meeting for reason other than confining
illness or absence from Oakland County shall be deemed guilty of misconduct in
office unless excused by the Council. The presiding officer shall enforce orderly
conduct at meetings and any member of the Council or other officer who shall fail
to conduct themselves in an orderly manner at any meeting shall upon a majority
vote of the Council be deemed guilty of misconduct of office. ORGANIZATION
AND RULES OF THE COUNCIL: SECTION
6.7. The Council shall determine its own organization, rules and order of business
subject to the following provisions: (a)
A journal of the proceedings of each meeting in the English language shall be
kept by the Clerk and shall be signed by the presiding officer and Clerk of the
meeting; (b)
A vote upon all ordinances and resolutions shall be taken by "Yes" and
"No" vote and entered upon the records, except that where the vote is
unanimous it shall only be necessary to so state; (c)
No member of the Council shall vote on any question in which the Councilmember
has a financial interest, other than the common public interest, or on any question
concerning the Councilmember's own conduct, but on all other questions each member
who is present shall vote when the Councilmember's name is called unless excused
by the unanimous consent of the remaining members present. Any member refusing
to vote except when not so required by this paragraph shall be guilty of misconduct
in office; (d)
In all roll call votes the names of the members of the Council shall be called
in alphabetical order, and the name to be called first shall be advanced one position
alphabetically in such successive roll call; (e)
Any standing committees of the Council shall be composed of at least three (3)
members. The Council shall not assign the administration of any department of
the Village to any member or committee of the Council, except where otherwise
permitted by the provision of this Charter. PUBLIC
HEALTH AND SAFETY: SECTION
6.8. Through the established departments and agencies of the Village government,
together with any such departments or agencies as may be created under authority
of this Charter, the Council shall provide for the public peace and health and
for the safety of persons and property. HEALTH
DEPARTMENT: SECTION
6.9. The Council shall constitute the Board of Health of the Village, and it and
its officers shall possess all powers, privileges and immunities granted to Boards
of Health by Statute. The President shall be Chairperson of the Board and the
Health Officer shall be its Executive Officer. {Overturned by Act 368 of 1978
MCL 333.1101-333.2521 which states that either a city or county with a population
greater than 750,000, or a consortium including one or the other, is required
to have a Board of Health} DEPARTMENT
OF PUBLIC SAFETY: SECTION
6.10. The Council shall provide for and establish a Department of Public Safety
and under the direction of a Director of Public Safety, provide for, establish,
organize and maintain, within the administrative division of the Village, Village
Public Safety Officers to maintain fire protection and enforce all laws and ordinances
which are in force in the Village and to preserve peace and good order in the
Village. The Council shall have power to enact such ordinances and to establish
and enforce such regulations as it shall deem necessary to guard against the occurrence
of fires in the Village and to protect the property and persons of the inhabitants
of the Village against damage and accident resulting therefrom. (a)
The Director of Public Safety shall be appointed by the Village Manager subject
to the approval of the Council, and together with such duties as are usual and
normal for such position, shall have the supervision and direction of the Department
of Public Safety, and the care and management to the equipment, property and buildings
pertaining to said department, and shall specifically; 1.
Keep a permanent record to be furnished to the Village, of all arrests and the
cause thereof, and shall enter therein, within twenty-four (24) hours after any
person shall be arrested, the name of the person so arrested, the cause of the
arrest, the age and nationality of the person arrested, and if discharged without
being taken before court, the reason for such discharge and if tried, the result
of such trial and punishment inflicted and amount of fines and costs, if any,
paid, and the name of the judicial officer before whom such person was tried,
which record shall be the property of the Village. 2.
Report in writing and on oath to the Council at their first meeting in each month,
all arrests made and the cause thereof, and all persons discharged from arrest
during the month; also the number remaining in confinement for breaches of the
ordinances of the Village; the amount of all fines and fees collected shall be
paid into the Village treasury during the same week when received, and the Treasurer`s
receipt therefor shall be filed with the Clerk. INVESTIGATIONS: SECTION
6.11. The Council, or any person or committee authorized by it for the purpose,
shall have power to inquire into the conduct of any department, office, or officer
of the Village and to make investigations as to municipal affairs, and for that
purpose may subpoena witnesses, administer oaths, and compel the production of
books, papers and other evidence. Failure on the part of any officer of the Village
to obey such subpoena or to produce books, papers, or other evidence as ordered
under the provisions of this section shall constitute misconduct in office. If
such failure shall be on the part of any employee of the Village, the same shall
constitute a misdemeanor. RESTRICTIONS
OF THE COUNCIL: SECTION
6.12. Except for the purpose of inquiry, and in case of emergency during the temporary
absence or disability of the Village Manager, the Council and its members shall
deal with the administrative service solely through the Village Manager and neither
the Council nor any member thereof shall give orders to any subordinate of the
Village Manager either publicly or privately; neither shall any member of the
council direct or request: (a)
Except for the election of those administrative officers required to be elected
by the Council, the appointment of any person to, or the removal of, any person
from any employment or office for which the Village Manager is responsible; nor (b)
Except at public meetings and in cases of letting of contracts, the purchase of
any specific materials, supplies or equipment. It is not the intention of this
provision to prevent frank discussion of the business of the Village between the
Village Manager and the Council or any member of the Council at any time, but
to prevent the personal favoritism or prejudice of any member of the Council from
hampering the administration of the Village government as set forth in this Charter.
CHAPTER 7
VILLAGE LEGISLATURE ORDINANCE
ENACTMENT: SECTION
7.1. All legislation of the Village of Beverly Hills shall be by ordinance or
by resolution. The word "resolution" as used in this Charter shall be
the official action of the Council in the form of a motion, and such motion shall
be limited to matters required or permitted to be done by resolution by this Charter
or by State or Federal Law and to matters pertaining to the internal affairs or
concerns of the Village government. All other acts of the Council, and all acts
carrying a penalty for the violation thereof, shall be by ordinance. Each ordinance
shall be identified by a number or a short title. Each proposed ordinance shall
be introduced in written or printed form. The style of all ordinances passed by
the Council shall be, "The Village of Beverly Hills Ordains:". Except
in the case of ordinances which are declared by the Council to be emergency ordinances,
no ordinances shall be finally passed by the Council at the same meeting at which
it is introduced. No ordinance shall be revised, altered or amended by reference
to its title only, but the section or sections of the ordinance revised, altered
or amended shall be re-enacted and published at length, and all ordinances, when
enacted shall be immediately recorded by the Clerk in a book called "The
Ordinance Book;" and it shall be the duty of the President and the Clerk
to authenticate such record by their official signature thereon. DEFINITION
OF PUBLISH, PUBLISHED AND PUBLICATION: SECTION
7.2. When the word "publish" or "published" or "publication"
is used in the Charter it shall mean publication in a newspaper of general circulation
in the Village. SECTION
7.3. The Council shall provide in each ordinance for the punishment of those who
violate its provisions. No punishment for the violation of any Village ordinance
or for the commission by any officer of the Village of any act declared by this
Charter to constitute misconduct in office shall exceed a fine of Five Hundred
dollars ($500.00) or imprisonment for ninety (90) days, or both in the discretion
of the court, except that any officer of the Village found guilty of any act declared
by this Charter to constitute misconduct in office, shall, in addition to such
fine or imprisonment, or both, forfeit that office. {Overturned by MCL 78.25(a)
which states ninety-three (93) days} PUBLICATION
OF ORDINANCES SECTION
7.4. Each ordinance passed by the Council shall be published at least once within
fifteen (15) days after its adoption by the Council. All ordinances of the Village
shall become effective immediately upon the publication thereof, unless a date
upon which an ordinance shall become effective, which is subsequent to the date
of the publication thereof, is specifically provided in the ordinance itself.
The publication of any ordinance in full after its final passage as a part of
the published proceedings of the Council shall constitute publication of such
ordinance as required herein. SPECIAL
PROCEDURE ON VOTE ON CERTAIN COUNCIL ACTIONS: SECTION
7.5. (a)
Action to vacate, discontinue or abolish any highway, street, lane, alley or other
public place, or part thereof, shall be by resolution. After the introduction
of such resolution and before its final adoption, the Council shall hold a public
hearing thereon and shall publish notice of such hearing at least one week prior
thereto. (b)
The following actions shall require the affirmative vote of five (5) members of
the Council for the effectiveness thereof: 1.
Vacating, discontinuing or abolishing any highway, street, lane, alley or other
public place or part thereof; 2.
Leasing, selling or disposing of any Village-owned real estate or interest therein; 3.
Condemning private property for public use; 4.
Creating or abolishing any office; 5.
Appropriating any money; 6.
Imposing any tax or assessment; 7.
Reconsidering or rescinding any vote of the Council. TECHNICAL
CODES: SECTION
7.6. The Council may adopt any provision of State Law or any plumbing code, electrical
code, or building code which has been promulgated by the State of Michigan or
by any department, board, or other agency thereof, or by an organization or association
which is organized and conducted for the purpose of developing any such code or
codes by reference thereto in an adopting ordinance and without publishing any
such code in full, provided, that said code is clearly identified in said ordinance
and that the purpose of said code shall be published with the adopting ordinance
and that printed copies thereof are kept in the office of the Clerk, available
for inspection by and distribution, at cost, to the public at all times; provided
further, that the publication shall contain a notice to the effect that a complete
copy of said code is available for public use and inspection at the office of
the Clerk. Any amendment to or revision of such adopted code or detailed technical
ordinance may be published in the same manner. FRANCHISE
AND CONTRACTS: SECTION
7.7. Every ordinance or resolution granting any franchise or right to occupy or
use the streets, highways, bridges, or public places in the Village for any purpose
shall be complete in the form in which it is finally passed, and remain on file
with the Clerk for public inspection for at least one (1) week before the final
passage or adoption thereof. The Village shall not have power to grant any exclusive
right or privilege under the government of the Village. COMPILATION: SECTION
7.8. (a)
Copies of all ordinances enacted and amendment to the Village Charter adopted
after the effective date of this Charter shall be available at the office of the
Clerk. (b)
Within two (2) years after the adoption of this Charter and at least once in every
ten (10) years the Council shall direct and complete the compilation or codification
and the publication of the Charter and of all ordinances of the Village then in
force, in loose-leaf or pamphlet form, and may provide for a reasonable charge
for copies thereof. No further publication of any such compilation or codification
shall be required for the validity thereof. In case the compilation or codification
of the ordinances of the Village shall have been maintained current and up-to-date
during any ten (10) year period, no re-compilation or re-codification of the ordinances
of the Village shall be required during or at the end of such period. The
copies of ordinances and of any compilation, code, or codes referred to in this
Charter may be certified by the Clerk, and, when so certified, shall be competent
evidence in all courts and legally established tribunals as to the matters contained
therein. INITIATIVE
AND REFERENDUM: SECTION
7.9. An ordinance may be initiated by petition, or a referendum on an ordinance
enacted by the Council may be had, by a petition, as hereinafter provided. PETITIONS: SECTION
7.10. An initiatory or a referendary petition shall be signed by not less than
fifteen (15%) percent of the registered electors of the Village who have signed
said petition within three (3) months before the date of filing the petition with
the Clerk. Before being circulated for signatures, all such petitions may be approved
as to form by the Clerk. No such petition need be on one (1) paper, but may be
the aggregate of two (2) or more petition papers. Each signer of a petition shall
sign their name in ink or indelible pencil, and shall place thereon, after their
name, the date and their place of residence by street and number, or by other
customary designation. To each petition paper there shall be attached a sworn
affidavit by the circulator thereof, stating the number of signers thereto and
that each signature of the person whose name it purports to be, and that it was
made in the presence of the affiant. Such petition shall be filed with the Clerk
who shall, within ten (10) days, canvass the signatures thereon to determine the
sufficiency thereof. If found to contain an insufficient number of signatures
of registered electors of the Village, or to be improper as to form or compliance
with the provisions of this section, the Clerk shall notify forthwith the person
filing such petition, and ten (10) days from such notification shall be allowed
for the filing of supplemental petition papers. When sufficient and proper, the
Clerk shall present the petition to the Council at its next regular meeting. COUNCIL
PROCEDURE: SECTION
7.11. Upon receiving an initiatory or referendary petition from the Clerk, the
Council shall, within thirty (30) days either; (a)
If it be an initiatory petition, adopt the ordinance as submitted in the petition
or determine to submit the proposal to the electors or the Village; or (b)
If it be a referendary petition, repeal the ordinance to which the petition refers
or determine to submit the proposal to the electors of the Village. SUBMISSION
TO ELECTORS: SECTION
7.12. Should the Council decide to submit the proposal to the electors, it shall
be submitted at the next election held in the Village for any other purpose, or,
in the discretion of the Council, at a special election. The results shall be
determined by a majority vote of the electors voting thereon, except in cases
where otherwise required by the constitution or laws of the State of Michigan.
ORDINANCE
SUSPENDED: SECTION
7.13. The certification by the Clerk of the sufficiency of a referendary petition
within thirty (30) days after the passage of the ordinance to which such petition
refers shall automatically suspend the operation of the ordinance in question
pending repeal by the Council or final determination by the electors as the case
may be. An ordinance adopted by the electorate through initiatory proceedings
may not be amended or repealed by the Council for a period of two (2) years after
the date of the election at which it was adopted. Should two (2) or more ordinances,
adopted at the same election, have conflicting provisions the one (1) receiving
the highest vote shall prevail as to those provisions.
CHAPTER 8
GENERAL FINANCE FISCAL
YEAR: SECTION
8.1. The fiscal year of the Village shall begin on the first (1st) day of July
and end on the thirtieth (30th) day of June of the following year. Such year shall
constitute the budget year of the Village government. BUDGET
PROCEDURE: SECTION
8.2. On or before the first Monday in March, each Village officer shall submit
to the Village Manager an itemized estimate of the expenditures for the next fiscal
year, for the department or activities under their control. The Village Manager
shall prepare a complete itemized budget proposal for the next fiscal year and
shall submit it to the Council at its first meeting in April. BUDGET
DOCUMENT: SECTION
8.3. The budget documents shall present a complete financial plan for the ensuing
fiscal year. It shall include at least the following information: (a)
Detailed estimates of all proposed expenditures for each department and office
of the Village showing the expenditures for corresponding items for the current
and last preceding fiscal year, with reasons for increases and decreases recommended,
as compared with appropriations for the current year; (b)
Statements of the bonded and other indebtedness of the Village, showing the debt
redemption and interest requirements, the debt authorized and unissued, and the
condition of sinking funds, if any; (c)
Detailed estimates of all anticipated income of the Village from sources other
than taxes and borrowing, with a comparative statement of the amounts received
by the Village from each of the same or similar sources for the last preceding
and current fiscal year; (d)
A statement of the estimated balance or deficit, as the case may be, for the end
of the current fiscal year; (e)
An estimate of the amount of money to be raised from current and delinquent taxes
and the amount to be raised from bond issues which, together with income from
other sources, will be necessary to meet the proposed expenditures and commitments
of the Village government during the ensuing year; (f)
Such other supporting schedules as the Council may deem necessary. BUDGET
HEARING: SECTION
8.4. A public hearing on the proposed budget shall be held before its final adoption,
at such time and place as the Council shall direct. Notice of such public hearing,
a summary of the proposed budget, and notice that the proposed budget is on file
in the office of the Village Manager shall be published at least once by the Clerk
not less than ten (10) days in advance of the hearing. The complete proposed budget
shall be on file for public inspection, during office hours at such offices, for
a period of not less than one (1) week prior to such public hearing; provided,
however, that failure to give such notice shall not invalidate the adoption of
any budget. ADOPTION
OF BUDGET, TAX LIMIT: SECTION
8.5. Not later than the second regular meeting in May, the Council shall, by resolution,
adopt the budget for the next fiscal year and shall, in such resolution make an
appropriation of the money needed for municipal purposes during the ensuing year
of the Village and provide for a levy of the amount necessary to be raised by
taxes upon real and personal property for municipal purposes subject to the limitations
contained in Section 9.l. {Amended March 2004} BUDGET
CONTROL AND AMENDMENTS: SECTION
8.6. After the budget has been adopted, no money shall be drawn from the treasury,
nor shall any obligation for the expenditure of money be incurred, except pursuant
to the budget appropriation; provided however, that the Council may amend such
resolution at any time so as to authorize the transfer of any unencumbered appropriation
balance or make transfers within a department, account, fund or agency, or appropriate
and allocate available revenues not included in the annual budget, and may make
emergency appropriations as provided in the following section. The balance of
any appropriation, which has not been encumbered, at the end of the fiscal year
shall revert to the general fund. EMERGENCY
APPROPRIATIONS: SECTION
8.7. The Council shall have the authority to make emergency appropriations from
general fund surpluses to meet urgent and immediate needs at any time during the
budget year. All resolutions of the Council authorizing emergency appropriations
shall state the purpose of the appropriation, the necessity therefor, amount of
appropriation, and means of financing within the powers of the Council. In the
event such emergency appropriations or proposed emergency appropriations shall,
during any fiscal year, aggregate more than one-fourth of one percent (.004%)
of the assessed value of the taxable real and personal property in the Village
as shown by the last preceding tax roll, then before final action shall be taken
upon such appropriation, notice that the Council intends to take action thereon
shall be given by publication once in a newspaper circulated in the Village at
least seven (7) days prior to the meeting at which action is to be taken. Such
notice shall state the time and place of the meeting of the Council and a brief
statement as to the subject-matter of the appropriation. No further notice shall
be required in the event the hearing on such appropriation shall be adjourned
to a subsequent meeting. In the event the Council shall declare it necessary for
the public health, safety and welfare of the Village that the resolution providing
for such appropriation be given immediate effect, then, with a favorable vote
of at least five-sevenths (5/7) of the members of the Council, the notice above
provided for shall not be required, and such resolution may be given immediate
effect. EXPENDITURE
CONTROL: SECTION
8.8. At the beginning of each quarterly period during the fiscal year, and more
often if required by the Council, the Village Manager, or in the absence of the
Manager, the Village Clerk, shall submit to the Council data showing the relations
between the estimated and actual income and expenses to date; and if it shall
appear that the income is less than anticipated, the Council may reduce appropriations
except amounts required for debt and interest charges, to such a degree as may
be necessary to keep expenditures within the cash income. DEPOSITORY: SECTION
8.9. The Council shall designate the depository or depositories for Village funds,
and shall provide for the regular deposit of all Village funds. The Council shall
provide for such security for Village deposits as is authorized or permitted by
the general laws of the state or required by the Council, except that personal
surety bonds shall not be deemed proper security. WITHDRAWALS
OF FUNDS: SECTION
8.10. All funds drawn from the treasury shall be drawn pursuant to the authority
and appropriation of the Council and upon checks signed by two officers of the
Village to be designated by resolution of the Council. Each such check shall specify
the fund or funds from which it is payable and shall be paid from no other fund
or funds. INDEPENDENT
AUDIT: SECTION
8.11. An independent audit shall be made of all Village accounts at least annually
and more frequently if deemed necessary by the Council. Such audit shall be made
by Certified Public Accountants experienced in municipal accounting to be selected
by the Council. The results of such audit shall be made public in such manner
as the Council may determine.
CHAPTER 9
TAXATION POWER
TO TAX: SECTION
9.1. The Village shall have the power to levy and collect taxes for municipal
purposes. The general ad valorem tax levy shall not exceed 12.9184 mills, times
the taxable value of all real and personal property, subject to taxation in the
Village, exclusive of any levies authorized by general statute to be made beyond
Charter tax limitations, for a period of ten (10) years 2011 to 2021 inclusive.
This 12.9184 millage authorization shall include the following components specifically
dedicated to the operation of the Village:
a) 9.9 mills for public safety operations;
b) 2.1 mills for general administrative
purposes;
c) 0.9184 mills for library purposes. {Amended
November 2010}
EXEMPT
FROM TAXATION: SECTION
9.2. The subjects of ad valorem taxation for Village purposes shall be the same
as for state, county and school purposes under statute. Except as otherwise provided
by this charter, Village taxes shall be levied, collected and returned in the
manner provided by statute. EXEMPTION
FROM TAXES: SECTION
9.3. No exemptions from taxation shall be allowed except as expressly required
or permitted by statute. TAX
DAY: SECTION
9.4. Subject to the exceptions provided or permitted by statute, the taxable status
of persons and property shall be determined as of the first (1st) day of January,
which shall be deemed the tax day. PREPARATION
OF THE ASSESSMENT ROLL: SECTION
9.5. The Assessor shall make and complete an assessment roll of the Village in
the manner and form provided in the general tax law of the state, not later than
the first (1st) Monday in March of each year, on which date such roll shall be
filed with the Clerk for public inspection during the normal office hours of the
Clerk until the date of convening of the Board of Review, on which date the Clerk
shall turn such assessment roll over to the Board of Review. BOARD
OF REVIEW: SECTION
9.6. The Board of Review shall be appointed by the Council and shall be comprised
of three (3) persons having the qualifications required by this Charter for officers
of the Village, who are taxpayers to the Village, and who during their term of
office shall not be Village officers or employees or nominees or candidates for
elective Village office. In the first instance, the full Board shall be appointed,
one (1) to serve for a term of one (1) year, one (1) to serve for a term of two
(2) years, and one (1) to serve for a term of three (3) years. Thereafter, the
Council, shall annually at the last Council meeting in February appoint one (1)
member of the Board to serve for a full term of three (3) years. The Council shall
set the compensation of the Board of Review. On the first (1st) day of its meeting
of each year, the Board shall elect one (1) of its members chairperson. The Assessor
shall be Secretary of the Board and shall attend its meetings with the privilege
of participating therein, but without the right to vote upon any decision of the
Board. Such record shall be filed with the Clerk within thirty (30) days after
the adjournment of the Board. A majority of the members of the Board shall constitute
a quorum. The members of said Board shall take the Constitutional oath of office
which shall be filed with the Clerk. MEETING
OF BOARD OF REVIEW: SECTION
9.7. The Board of Review shall convene in its first session on the Tuesday following
the second (2nd) Monday in March of each year at such time of day and place as
shall be designated by the Council and shall remain in session for at least eight
(8) hours for the purpose of reviewing and correcting the roll. If necessary,
said Board, on its own motion, or on sufficient cause being shown by any person,
shall add to said roll the names of persons, the value of personal property, and
the description and value of real property liable to assessment in said Village
omitted from such assessment roll; they shall correct errors in the names of persons,
in the descriptions of property upon such roll, and in the assessment and valuation
of property thereon, and they shall cause to be done whatever else may be necessary
to make said roll comply with the provisions of this Charter. In each case in
which the assessed value of any property is increased over the amount shown on
the assessment roll as prepared by the Assessor or any property is added to such
roll by the Board, or the Board has resolved to consider at its second session
such increasing of an assessment or the adding of any property to such roll, the
Assessor shall give notice thereof to the owners as shown by such roll, by first
class letter mailed not later than the day following the end of the first session
of the Board. Such notice shall state the date, time, place and purpose of the
second session of the Board. The failure to give any such notice or of the owner
to receive it shall not invalidate any assessment roll or assessment thereon. The
Board of Review shall convene in its second session on the Tuesday following the
fourth (4th) Monday in March of each year at such time of day and place as shall
be designated by the Council and shall continue in session until all interested
persons have had an opportunity to be heard, but in no case for less than eight
(8) hours. At the second session, the Board may
not increase any assessment
or add any property to the rolls, except in those cases in which the Board resolved
at its session to consider such increase or addition at its second session. NOTICE
OF MEETINGS: SECTION
9.8. Notice of the time and place of the sessions of the Board of Review shall
be published by the Clerk at least ten (10) days prior to each session of the
Board. DUTIES
AND FUNCTIONS OF BOARD OF REVIEW: SECTION
9.9. For the purpose of reviewing and correcting assessments, the Board of Review
shall have the same powers and perform like duties in all respects as are by statute
conferred upon and required of boards of review in townships, except as otherwise
provided in this Charter. It shall hear the complaints of all persons considering
themselves aggrieved by assessments, and if it shall appear that any person or
property has been wrongfully assessed or omitted from the roll, the Board shall
correct the roll in such manner as it deems just. In all cases the roll shall
be reviewed according to the facts existing on the tax day and no change in the
status of any property after said day shall be considered by the Board in making
its decisions. Except as otherwise provided by statute, no person other than the
Board of Review shall make or authorize any change upon or additions or corrections
to the assessment roll. ENDORSEMENT
OF ROLL: SECTION
9.10. After the Board of Review has completed its review of the assessment roll,
and not later than the first Monday, in April, the majority of its members shall
endorse thereon and sign a statement to the effect that the same is the assessment
roll of the Village for the year in which it has been prepared. The omission of
such endorsement shall not affect the validity of such roll. The roll as prepared
by the Village assessor shall stand as approved and adopted as the act of the
Board of Review, except as changed by a vote as herein provided. CLERK
TO CERTIFY TAX LEVY: SECTION
9.11. Within three (3) days after the Council has adopted the budget for the ensuing
year, the Clerk shall certify to the Assessor the total amount which the Council
determines shall be raised by general ad valorem tax. The Clerk shall also certify
all amounts of current or delinquent special assessments and all other amounts
which the Council requires to be assessed, re-assessed or charged upon any property
or against any person. VILLAGE
TAX ROLL: SECTION
9.12. After the Board of Review has completed its review of the assessment roll,
the Assessor shall prepare a copy of the Assessment roll to be known as the "Village
Tax Roll," and upon receiving the certifications of the several amounts to
be raised, as provided in Section 9.11., the Assessor shall spread upon said tax
roll the several amounts determined by the council to be charged, assessed or
re-assessed against persons or property. The Assessor shall also spread the amounts
of the general ad valorem village tax according to and in proportion to the several
valuations set forth in said assessment roll. To avoid fractions in computation
on any tax roll, the Assessor may add to the amount of the several taxes to be
raised not more than the amounts prescribed by statute. Any excess created thereby
on any tax roll shall belong to the Village. TAX
ROLL CERTIFIED FOR COLLECTION: SECTION
9.13. After spreading the taxes the Assessor shall certify the tax roll, and the
President shall annex a warrant thereto directing and requiring the Treasurer
to collect prior to March first (1st) of the following year from the several persons
named in said tax roll the several sums mentioned therein opposite their respective
names as a tax or assessment and granting to the Assessor, for the purpose of
collecting the taxes, assessments and charges on such roll all statutory powers
and immunities possessed by township treasurers for the collection of taxes. On
June twenty-fifth (25th), the roll shall be delivered to the Treasurer for collection. TAX
LIEN ON PROPERTY: SECTION
9.14. On July first, the taxes thus assessed shall become a debt due to the Village
from the persons to whom they are assessed and the amounts assessed on any interest
in real property shall become a lien upon such real property, for such amounts
and for all interest and charges thereon, and all personal taxes shall become
a first lien on all personal property of such persons so assessed. Such lien shall
take precedence over all other claims, encumbrances and liens to the extent provided
by statute and shall continue until such taxes, interests and charges are paid. TAXES
DUES: NOTIFICATION: SECTION
9.15. The Treasurer shall not be required to call upon the persons named in the
Village tax roll, nor to make personal demand for the payment of taxes but shall
give notice to the tax payers of the of the Village, by publication at least once
in a newspaper circulated in the village, which publication of notice shall be
made at least ten (10) days prior to the first day of July in each year, of the
time when said taxes will be due for collection, or shall give such notice of
the time when said taxes will be due for collection by first class mail addressed
to the owners of the property upon which taxes are assessed according to the names
of such owners and their addresses as indicated on the tax roll, which notice
shall be deemed sufficient for the payment of all taxes on said tax roll. Failure
on the part of the Treasurer to give said notice shall not invalidate the taxes
on said tax roll nor release the person or property assessed from any penalty
or interest provided in this chapter in case of non-payment of the same. COLLECTION
FEES: SECTION
9.16. All taxes paid on or before September fourteenth of each year shall be collected
by the Treasurer without collection fee. On September fifteenth, the Treasurer
shall add to all taxes paid thereafter a collection fee of one percent (1%) of
the amount of said taxes, plus one percent (1%) per month thereafter. Such collection
fee shall belong to the Village and constitute a charge and shall be a lien against
the property to which the taxes themselves apply, collectible in the same manner
as the taxes to which they are added. {Amended March 2004} DELINQUENT
TAX ROLL TO COUNTY TREASURER: SECTION
9.17. If the Treasurer has been unable to collect any of the Village taxes on
said roll on real property before the first day of March following the date when
said roll was received, it shall be the Treasurer's duty to return all such unpaid
taxes on real property to the county treasurer in the same manner and with like
effect as returns by townships treasurers of township, school, and county taxes.
Such returns shall be made upon a delinquent tax roll to be prepared by the Treasurer
and shall include all the additional charges and fees hereinbefore provided, which
charges shall, in such returns, be added to the amount assessed in said tax roll
against each description. The taxes thus returned shall be collected in the same
manner as other taxes returned to the County treasurer are collected under the
provisions of the general laws of the state and shall be and remain a lien upon
the lands against which they are assessed, until paid. PROTECTION
OF VILLAGE LIEN: SECTION
9.18. The Village shall have power, insofar as the exercise thereof shall not
conflict with or contravene the provisions of any general law of the State, to
acquire by purchase any premises within the Village at any tax or other public
sale, or by direct purchase from the State of Michigan or the fee owner, when
such purchase is necessary to protect the lien of the Village for taxes or special
assessments, or both, on said premises and may hold, lease, or sell the same solely
for the purpose of securing therefrom the amount of such taxes or special assessments,
or both, together with any incidental expenses incurred in connection with the
exercise of this power. Any such procedure exercised by the Village in the protection
of its tax lien shall be deemed to be for a public purpose.
CHAPTER 10
BORROWING POWER GRANT
OF AUTHORITY TO BORROW: SECTION
10.1. Subject to the applicable provisions of statute and constitution, the Council
may by ordinance or resolution borrow money and issue bonds and other evidence
of indebtedness therefor, for any purpose within the scope of powers vested in
the Village. Such bonds or other evidences of indebtedness shall include, but
not be limited to, the following types: (a)
General obligations bonds which pledge the full faith, credit and resources of
the Village for the payment of such obligations, including bonds for the Village`s
portion of public improvements; (b)
Notes issued in anticipation of the collection of taxes, but the proceeds of such
notes may be spent only in accordance with appropriations as provided by Sections
8.6. and 8.7.; (c)
In case of fire, flood, or other calamity requiring an emergency fund for the
relief of the inhabitants of the Village, or for the repairing or rebuilding of
any of its municipal buildings, works, bridges or streets, emergency obligations
therefor due in not more than three (3) years; (d)
Bonds issued in anticipation of special assessments, which bonds may be an obligation
of one or more special assessment districts, or may be both an obligation of such
special assessment districts, and the general obligation of the Village; (e)
Mortgage bonds for the acquiring, owning, purchasing, constructing or operating
of any public utility as provided in Article 8, Section 23 and 24 of the Constitution;
provided such bonds shall not impose any liability upon the Village but shall
be secured only upon the property and revenues of such public utility, including
a franchise, stating the terms upon which, in case of foreclosure, the purchaser
may operate the same, which franchise shall in no case extend for a longer period
than twenty (20) years from the date of the sale of such utility and franchise
on foreclosure. Such mortgage bonds shall be sold to yield not to exceed six percent
(6%) per annum. A sinking fund shall be created in the event of the issuance of
such bonds, by setting aside such percentage of the gross or net earnings of the
public utility as may be deemed sufficient for such payment; (f)
Bonds for the refunding of the funded indebtedness of the Village;
(g)
Revenue bonds as authorized by Public Act 94 of 1933 as amended which are secured
only by the revenues from a public improvement and do not constitute a general
obligation of the Village. LIMITS
OF BORROWING POWERS: SECTION
10.2. The net bonded indebtedness incurred for all public purposes shall not at
any time exceed ten percent (10%) of the assessed value of all the real and personal
property in the Village subject to taxation as shown by the last preceding assessment
roll of the Village, provided that in computing such net bonded indebtedness there
shall be excluded money borrowed under the following sections: 10.1 (b) [Tax anticipation
notes], 10.1 (d) [special assessment bonds even though they are also a general
obligation of the Village], 10.1 (e) [mortgage bonds], 10.1 (g) [revenue bonds],
and any other obligation excluded by statute or Constitution from such limitations.
The resources of the sinking fund pledged for the retirement of any outstanding
bonds shall also be deducted from the amount of the bonded indebtedness. The
amount of emergency loans which the Council makes under the provision of Section
10.1 (c) may not exceed one-fourth of one percent (.025%) of the assessed value
of all the real and personal property in the Village (or such larger percentage
as Villages may by statute be permitted to provide in their Charter) notwithstanding
such loan may increase the indebtedness of the Village beyond the limitation fixed
in the preceding paragraph. The
total amount of such special assessment bonds issued under Section 10.1 (d) which
are a general obligation of the Village shall at no time by reason of future issues,
other than issues of refunding bonds, exceed the statutory limitations thereon,
nor shall such bonds be issued in any calendar year in excess of the amount so
permitted to be issued by statue unless authorized by a vote of the electors in
the manner provided by statute. VOTE
OF ELECTORS REQUIRED: SECTION
10.3. Unless approved by three-fifths of the electors voting thereon at any general
or special election, the Council shall not have power to authorize any issue of
bonds except special assessment bonds, bonds for the Village portion of local
improvements not to exceed forty percent (40%) of the cost of such improvement,
refunding bonds, bonds for relief from fire, flood or calamity or for payment
of judgments, revenue bonds and other bonds excluded by statue from the requirement
for such vote. Only those electors having the Constitutional qualifications for
voting on the approval of bonds issues shall be entitled to vote on such question. PREPARATION
AND RECORD OF BONDS: SECTION
10.4. Every bond issued by the Village shall contain on its face a statement specifying
the object for which the same is issued. It shall be unlawful for any officer
of the Village to sign or issue any such bond unless such statement is set forth
on the fact of the same, or to use such bonds or the proceeds from the sale thereof
for any object other than that mentioned on the fact of such bond. Any officer
who shall violate any of the provisions of this section shall be deemed guilty
of misconduct in office. Bonds
and all other evidence of indebtedness issued by the Village shall be signed by
the President and Clerk under the seal of the Village. The coupons evidencing
the interest upon said bonds may be executed with the facsimile signatures of
the President and the Clerk. A complete and detailed record of all bonds shall
be kept by the Clerk. Upon
the payment of any bond or other evidence of indebtedness, the same shall be cancelled. UNISSUED
BONDS: SECTION
10.5. Any authorization by the electors for the issuance of bonds by the Village
shall be void if such bonds shall not be issued within three (3) years from the
date of such authorization. INSTALLMENT
PAYMENT CONTRACTS: SECTION
10.6. The Council may enter into installment contracts for the purchase of property
or capital equipment. Each of such contracts shall not extend over a greater period
than ten (10) years. All such deferred payments shall be included in the budget
for the year in which the installment is payable.
CHAPTER
11 SPECIAL
ASSESSMENTS GENERAL
POWER RELATIVE TO SPECIAL ASSESSMENTS: SECTION
11.1. The Village Council shall have the power to determine by ordinance the necessity
of any local or public improvement, to establish and levy special assessment districts,
to determine the extent to which any special assessment district will be especially
benefited by any local or public improvement, and within the limits named by ordinance
for any cost of such improvement as will not exceed the extent to which such district
will be especially benefited.
CHAPTER 12
PURCHASING - CONTRACTS - LEASES PURCHASE
AND SALE OF PROPERTY. SECTION
12.1. The Council shall designate an administrative officer of the Village in
charge of purchasing, and such person shall be responsible for the purchase and
sale of all Village property. Comparative prices shall be obtained for the purchase
or sale of all materials, supplies and services and public improvements except
(a) in the employment of professional services and (b) when the Purchasing Officer
(or the Council as hereinafter provided) shall determine that no advantage to
the Village would result therefrom. The
Council may authorize a Purchasing Officer to make purchases and sales in amounts
not in excess of One Thousand dollars ($1,000.00), without prior approval of the
Council. In all sales and purchases in excess of One Thousand dollars, the sale
or purchase shall be first approved by the Council, and formal sealed bids shall
be called for. No sale or purchase shall be divided for the purpose of circumventing
the dollar value limitation contained in this section. The Council may authorize
the making of public improvements or the performance of any other Village work
by any Village department or agency without competitive bidding. Purchases
shall be made from the lowest competent bidder meeting specifications; sales shall
be made to the bidder whose bid is most advantageous to the Village. All such
bids shall be publicly opened by Village administration and certified by the Village
Clerk and thereafter presented to the Village Council at its next regular Council
meeting. All
purchases and sales in excess of Twenty-five dollars ($25.00) shall be evidenced
by written contract or purchase order. The
Council may by ordinance establish detailed purchasing, sale and contract procedures
not inconsistent with this Charter. CONTRACTS:
SECTION 12.2. The
authority to contract on behalf of the Village is vested in the Council and shall
be exercised in accordance with the provisions of statute and this Charter, provided
that purchases and sales may be made by the Purchasing Officer subject to the
provisions of Section 12.1. No contract for employment or an agreement for the
purchase of sale of goods, wares or merchandise or services in an amount of One
Thousand dollars ($1,000.00) or more shall be made unless the officer responsible
for maintaining the Village accounts shall first have certified that an appropriation
has been made for payment hereof, or that sufficient funds will be available if
it be for a purpose to be financed by the issuance of bonds or special assessments
or for some other purpose not chargeable to a budget appropriation. In the case
of a contract obligating the Village to periodic payments in future fiscal years
for the furnishing of a continuing service or the leasing of property, such certification
shall not cover those payments on the contract which will be due in future fiscal
years, but this exception shall not apply to a contract for the construction of
a public improvement unless such public improvement is being purchased by installment
payments under the provisions of Section 10.6. A copy of all contracts requiring
such certification shall be filed in the office of the Clerk. No contract shall
be divided for the purpose of circumventing the dollar value limitation contained
in this section. No
contract shall be amended after the same has been made except upon the authority
of the Council (except that the Purchasing Officer may amend the terms of purchase
and sales made by him/her subject to the provision of Section 12.1). No
compensation shall be paid to any contractor or vendor except in accordance with
the terms of the contract. RESTRICTION
ON POWERS TO LET PROPERTY: SECTION
12.3. Any agreement or contract for the renting or letting of public property
for a period longer than three (3) years shall be subject to the same referendum
procedure as provided in the case of ordinances passed by the Council. However,
a summary of the terms of any such agreement or contract shall be published within
ten (10) days after its approval by the Council and any petition for such referendum
must be filed within thirty (30) days after such publication to be effective. The
transfer or assignment of any agreement or contract for the renting or letting
of public property may be made only upon approval of the Council, but approval
of such transfer shall not be subject to referendum.
CHAPTER 13
MUNICIPAL OWNED UTILITIES GENERAL
POWERS RESPECTING UTILITIES: SECTION
13.1. The Village shall possess and hereby reserves to itself all the powers granted
to villages by statute and constitution to acquire, construct, own, operate, improve,
enlarge, extend, repair and maintain, either within its corporate limits, including,
but not by way of limitation, public utilities for supplying water, light, heat,
power, gas, sewage treatment and garbage disposal facilities, or any of them,
to the municipality and the inhabitants thereof; and also to sell and deliver
water, light, heat, power, gas and other public utility services without its corporate
limits to an amount not to exceed the limitations set by statute and Constitution. MANAGEMENT
OF MUNICIPALITY OWNED UTILITIES: SECTION
13.2. All municipality owned utilities shall be administered as a regular department
of the Village government under one or more department heads appointed by, and
serving at the pleasure of, the Council and not by an independent board or commission. RATES: SECTION
13.3. The Council shall have power to fix from time to time such just and reasonable
rates as may be deemed advisable for supplying the inhabitants of the Village
and others with such public utility services as the Village may provide. There
shall be no discrimination in such rates within any classification of users thereof,
nor shall free service be permitted, but higher rates may be charged for services
outside the Village limits. UTILITY
RATES AND CHARGES - COLLECTION: SECTION
13.4. The Council shall provide by ordinance for the collection of all public
utility rates and charges of the Village. Such ordinance shall provide: (a)
That the Village shall have, as security for the collection of such utility rates
and charges, a lien upon the real property supplied by such utility, which lien
shall become effective immediately upon the supplying of such utility service,
and shall be enforced in the manner provided in such ordinance; (b)
The terms and conditions under which utility services may be discontinued in case
of delinquency in paying such rates or charges; (c)
That suit may be instituted by the Village in any court of competent jurisdiction
for the collection of such rates or charges. With
respect to the collection of rates charged for water, the Village shall have all
the powers granted to villages by Public Act 178 of 1939 of the State of Michigan. DISPOSAL
OF UTILITY PLANTS AND PROPERTY: SECTION
13.5. Unless approved by a three-fifths majority vote of the electors voting thereon
at a regular or special election, the Village shall not sell, exchange, lease
or in any way dispose of any property, easements, equipment, privilege or asset
belonging to or appertaining to any municipally owned public utility which is
needed to continue operating such utility. All contracts, negotiations, licenses,
grants, leases or other forms of transfer in violation of this section shall be
void and of no effect as against the Village. The restrictions of this section
shall not apply to the sale or exchange of any articles of machinery or equipment
of any owned public utility which are worn out or useless or which have been,
or could have with advantage to the service be, replaced by new and improved machinery
or equipment, to the leasing of property not necessary for the operation of the
utility, or to the exchange of property or easements for other needed property
or easements. UTILITY
ACCOUNTS: SECTION
13.6. Transactions pertaining to the ownership and operation by the Village of
each public utility shall be recorded in a separate group of accounts under an
appropriate fund caption, which accounts shall be classified in accordance with
generally accepted utility accounting practice. Charges for all service furnished
to, rendered by, other Village departments or agencies shall be recorded. An annual
report shall be prepared to show fairly the financial position of the utility
and the results of its operations, which report shall be available for inspection
at the office of the Clerk.
CHAPTER 14
PUBLIC UTILITY FRANCHISES GRANTING
OF PUBLIC UTILITY FRANCHISES: SECTION
14.1. Public Utility franchises and all renewals, extensions thereof and amendments
thereto shall be granted by ordinance only. No exclusive franchise shall ever
be granted. No franchise shall be granted for a longer period than thirty (30)
years. Each
franchise shall include a provision requiring the franchise to take effect within
one (1) year after the adoption of the ordinance granting it, except in the case
of grants to take effect at the end of any franchise existing as of the date of
the adoption of this Charter or that may hereafter be granted. No
franchise ordinance which is not subject to revocation at the will of the Council
shall be enacted nor become operative until the same shall have first been referred
to the people at a regular or special election and receive the affirmative vote
of three-fifths of the electors voting thereon. No such franchise ordinance shall
be approved by the Council for referral to the electorate before thirty (30) days
after application thereof has been filed with the Council nor until a public hearing
has been held thereon, nor until the grantee named therein has filed with the
Clerk his unconditional acceptance of all terms of such franchise. No special
election for such purpose shall be ordered by the Council unless the expense or
holding such election, as determined by the Council, shall have first been paid
to the Treasurer by the grantee. A
franchise ordinance or removal or extension thereof or amendment thereto which
is subject to revocation at the will of the Council may be enacted by the Council
without referral to the voters, but shall not be enacted unless it shall have
been in the form in which it is finally enacted and shall have so been on file
in the office of the Clerk for public inspection for at least four (4) weeks after
publication of a notice that such ordinance is so on file. CONDITIONS
OF PUBLIC UTILITY FRANCHISE:
SECTION 14.2. All public utility franchise
granted after the adoption of this Charter, whether it be so provided in the granting
ordinance or not, shall be subject to the following rights of the Village, but
this enumeration shall not be exclusive or impair the rights of the Council to
insert in such franchise any provision within the power of the Village to impose
or require: (a)
To repeal the same for misuse, non-use or failure to comply with the provisions
thereof; (b)
To require proper and adequate extension of plant and service and maintenance
thereof at the highest practicable standard of efficiency; (c)
To establish reasonable standards of service and quality of products and prevent
unjust discrimination in services or rates; (d)
To require continuous and uninterrupted service to the public in accordance with
the terms of the franchise throughout the entire period thereof; (e)
To use, control and regulate the use of its streets, alleys, bridges and public
places and the space above and beneath them; (f)
To require of any utility which may not be subject to regulation by any administrative
agency of the state, proper and adequate extension of plant, service and maintenance
thereof, at the highest practicable standard of efficiency. The facilities and
service of any utility subject to the jurisdiction, and control of any regulation
by the Michigan Public Service Commission, shall be in accordance with the rules
and regulations of the Michigan Public Service Commission or its successor; (g)
After written request of the Council, to require the public utility to file with
the Clerk, copies of any annual report made that year by such utility to the Michigan
Public Service Commission; (h)
To impose such other regulations as may be determined by the Council to be conducive
to the safety, welfare and accommodation of the public. REGULATION
OF RATES: SECTION
14.3. All public utility franchises shall make provision therein for fixing rates,
fares and charges and may provide for readjustments thereof at periodic intervals.
The value of the property of the utility used as a basis for fixing such rates,
fares and charges shall in no event include a value predicated upon the franchise,
goodwill or prospective profits. USE
OF PUBLIC PLACES BY UTILITIES: SECTION
14.4. Every public utility whether it has a franchise or not shall pay such part
of the cost of improvement or maintenance of streets, alleys, bridges and public
places as shall arise from its use thereof and shall protect and save the Village
harmless from all damages arising from said use. Every such public utility may
be required by the Village to permit joint use of its property and appurtenances
located in the streets, alleys and other public places of the Village by the Village
and by other utilities insofar as such joint use may be reasonably practicable
and upon payment of reasonable rental therefor. In the absence of agreement and
upon application by any public utility, the Council shall provide for arbitration
of the terms and conditions of such joint use and the compensation to be paid
therefor and the arbitration award shall be final. The
Council may grant a permit at any time in or upon any street, alley, or public
place, provided such permit shall be revocable by the Council at its pleasure,
whether such right to revoke be expressly reserved in said permit or not; provided,
that when such a permit is granted for water mains, sewers or drains, it may be
made irrevocable unless the grantee be a private person, firm or corporation. SALE
OR ASSIGNMENT OF FRANCHISE: SECTION
14.5. The grantee of a franchise may not sell, assign, sublet, or allow another
to use the same, unless the Council gives its consent. Nothing in this section
shall limit the right of the grantee of any public utility franchise to mortgage
its property or franchise, nor shall restrict the rights of the purchaser, upon
foreclosure sale, to operate the same, except that such mortgagee or purchaser
shall be subject to the terms of the franchise and provisions of this chapter.
CHAPTER 15
MISCELLANEOUS NOTICE
TO VILLAGE OF CLAIM FOR INJURIES: SECTION
15.1. The Village shall not be liable in damages sustained by any person, either
to their person or property, by reason of the negligence of the Village, its officer,
or employees, nor by reason of any defective highway, street, bridge, sidewalk,
crosswalk or culvert, or by reason of any obstruction, ice, snow, or other encumbrance
upon such street, sidewalk, crosswalk or public highway, situated in the Village,
unless such person shall serve or cause to be served, within sixty (60) days after
such injury shall have occurred, a notice in writing, upon the Clerk, which notice
shall set forth substantially the time and place of such injury, the nature of
the defect, the manner in which it occurred, and the extent of such injury as
far as the same has become known, the names and addresses of the witnesses known
at the time by claimant, and a statement that the person receiving such injury
intends to hold the Village liable for such damages as may have been sustained
by that person. No person shall bring any action against the Village for any damages
to person or property arising out of any obstruction, ice, snow, or other encumbrance
upon such street, sidewalk, crosswalk or public highway, situated in the Village,
unless that person shall also present to the Clerk a claim in writing and under
oath, setting forth particularly the nature and extent of such injury and the
amount of damages claimed by reason thereof which claims shall be presented to
the Council by the Clerk. It
shall be a sufficient bar and answer in any court to any action or proceeding
for the collection of any demand or claim against the Village, under this section,
that the notice of injury and the verified proof of claim, as in this section
required, were not presented and filed within the time in the manner as herein
provided. PUBLICATION
AND MAILING OF NOTICES: SECTION
15.2. The Council shall determine the method of publication of all notices, ordinances,
and proceedings, for which a mode of publication is not prescribed by this Charter
or by law. The Council may determine that such publication may be made in a newspaper
which is printed or circulated in the Village, or that such publications may be
made by posting in the office of the Clerk and in five (5) other public places
in the Village. In case publication is made by posting, a notice of such posting,
setting forth by a descriptive phrase, the purpose of or nature of the notice,
ordinance, or proceeding posted, and location of the places where posted, shall
be published at least once in a newspaper published or circulated in the Village
within seven (7) days after such posting was done. In
any case in which this Charter requires the mailing of notices, the affidavit
of the officer or employee responsible for such mailing that such notice was mailed
shall be prima facie evidence of such mailing. NO
ESTOPPEL BY REPRESENTATION: SECTION
15.3. No official of the Village shall have power to make any representation or
recital of fact in any franchise, contract, document or agreement, contrary to
any public record of the Village. Any such representation shall be void and of
no effect as against the Village. VILLAGE
RECORDS: SECTION
15.4. All records of the Village shall be public. PRIOR
VILLAGE ORDINANCES AND REGULATIONS: SECTION
15.5. All ordinances, resolutions, rules and regulations of the Township of Southfield
which are not inconsistent with the provisions of this Charter, in force and effect
at the same time of the adoption of this Charter, shall continue in full force
as ordinances, resolutions, rules and regulations of the Village until repealed
or amended by action of the proper authorities. HEADINGS: SECTION
15.6. The chapter and section headings used in this Charter are for convenience
only and shall not be considered to be a part of this Charter. EFFECT
OF ILLEGALITY OF ANY PART OF CHARTER: SECTION
15.7. Should any provision or section, or portion thereof, of this Charter be
held by a court of competent jurisdiction to be invalid, illegal, or unconstitutional,
such holding shall not be construed as affecting the validity of this Charter
as a whole or of any remaining portion of such provision or section; it being
hereby declared to be the intent of the Charter Commission and of the electors
who voted thereon that such unconstitutionality or illegality shall not effect
the validity of any part of this Charter except that specifically affected by
such holding. Further, it is hereby declared that it was the intent of the Charter
Commission and of the electors of the Village of Beverly Hills, in preparing and
adopting this Charter, that said instrument should conform in all respects with
the provisions and requirements of State Law. In the event that any provisions
of this Charter shall conflict with or contravene the provisions of any general
law of the State of Michigan, the provisions of such general law of the state
shall govern. AMENDMENTS: SECTION
15.8. This Charter may be amended at any time in the manner provided in Act No.
278 of the Public Acts of 1909, as amended. Should two (2) or more amendments,
adopted at the same election, have conflicting provisions, the one receiving the
largest affirmative vote shall prevail as to those provisions. DEFINITIONS
AND INTERPRETATIONS: SECTION
15.9. Except as otherwise specifically provided or indicated by the context: (a)
All words used in this Charter indicating the present tense shall not be limited
to the time of the adoption of this Charter but shall extend to and include the
time of the happening of any event or requirement for which provision is made
herein. (b)
The singular number shall include the plural, the plural number shall include
the singular. (c)
The word "person" may extend and be applied to bodies politic and corporate
and to partnerships as well as to individuals. (d)
The words "printed" and "printing" shall include reproductions
by printing, engraving, stencil duplicating, lithographing or any similar method. (e)
Except in reference to signatures, the words "written" and "in
writing" shall include printing and typewriting. (f)
The word "officer" shall include the President and other members of
the Council, the administrative officers, and members of Village boards and commissions
created by or pursuant to this Charter. (g)
The word "statute" shall denote the Public Acts of the State of Michigan
as in effect at the time the provision of the Charter containing the word "statute"
is to be applied. (h)
The word "Constitution" shall denote the Constitution of the State of
Michigan as in effect at the time the provisions of the Charter containing the
word "Constitution" is to be applied. (i)
All references to specific local or Public Acts shall be to such local or Public
Acts of the State of Michigan as in effect at the time the reference to such act
is to be applied. (j)
All references to section numbers shall refer to section numbers of this Charter. TRUSTS
AND REQUESTS: SECTION
15.10. All trusts established for any municipal purpose shall be used and continued
in accordance with the terms of such trust, subject to the cy pres doctrine. The
Council may in its discretion receive and hold any property in trust for any municipal
purpose and shall apply the same to the execution of such trust and for no other
purposes except in cases where the cy pres doctrine shall apply. SUNDAYS
AND HOLIDAYS: SECTION
15.11. Whenever the date fixed by this Charter or by Ordinance for the doing or
completion of any act falls on a Saturday, Sunday or legal holiday, such act shall
be done or completed on the next succeeding day which is not a Saturday, Sunday
or legal holiday. PENALTIES
FOR MISCONDUCT IN OFFICE: SECTION
15.12. Any officer of the Village found guilty by a court of competent jurisdiction
of any act declared by this Charter to constitute misconduct in office may be
punished by a fine of not to exceed One Hundred dollars ($100.00) or imprisonment
for not to exceed ninety (90) days or both in the discretion of the court. The
punishment provided in this Section shall be in addition to that of having the
office declared vacant as provided in Section 5.4
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