Village Charter

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 as required by state election law preceding such election.  The form of the 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. {Amended August 7, 2018}

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. {Amended August 7, 2018 see below}

Effective December 1, 2020
SECTION 4.2.  The President and each Councilmember to receive as remuneration for service to the Village the sum of One Hundred Dollars ($100.00) per meeting of the Council actually attended, not to exceed in total Two Thousand Four Hundred Dollars ($2,400.00) per year, excepting that the President shall also receive the sum of One Thousand Dollars ($1,000.00) per year for additional duties.  Such salaries shall be payable monthly 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. The provisions of this amendment will take effect December 1, 2020.

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 60 days after such vacancy occurs, be filled by appointment of the Village Council by a majority vote of the members of council then in office. The person appointed shall possess the qualifications for the office of councilperson and shall hold office until the next regular village election.

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.

It is estimated that approximately $1,683,263 will be raised when first levied in 2011. Upon expiration of this millage on June 30, 2021, the maximum allowed charter millage rate shall revert to 11.00 mills for municipal 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 Five Thousand dollars ($5,000.00), without prior approval of the Council. In all sales and purchases in excess of Five 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. {Amended November 2016}

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