Kentwood, Michigan, Code of Ordinances >> PART 1 ...The chapter, section and subsection headings...

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >>

PART 1 - CHARTER [1]

PREAMBLECHAPTER I. - NAME AND BOUNDARIESCHAPTER II. - GENERAL PROVISIONS AND DEFINITIONSCHAPTER III. - MUNICIPAL POWERSCHAPTER IV. - THE COMMISSION: PROCEDURES AND MISCELLANEOUS POWERSCHAPTER V. - CITY LEGISLATIONCHAPTER VI. - ORGANIZATION OF GOVERNMENTCHAPTER VII. - GENERAL FINANCE AND BUDGET CHAPTER VIII. - TAXATION CHAPTER IX. - BORROWING POWER CHAPTER X. - SPECIAL ASSESSMENTS CHAPTER XI. - PURCHASES, CONTRACTS, LEASESCHAPTER XII. - UTILITIES CHAPTER XIII. - PUBLIC UTILITY FRANCHISES CHAPTER XIV. - GENERAL PROVISIONS REGARDING OFFICERS AND EMPLOYEES OF THE CITYCHAPTER XV - ELECTIONS CHAPTER XVI. - SCHEDULECHARTER COMPARATIVE TABLE

FOOTNOTE(S):(1) Editor's note— Printed in part 1 is the City Charter, as adopted by the voters on September 1, 1995, effective on January 1, 1996. Amendments are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. (Back)

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> PREAMBLE >>

PREAMBLE

We, the people of the City of Kentwood, by the grace of God, and pursuant to authority granted by the constitution and laws of the State of Michigan, in order to secure the benefits of local self-government, and otherwise promote our common interests and welfare, or dain and establish this Charter.

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER I. - NAME AND BOUNDARIES >>

CHAPTER I. - NAME AND BOUNDARIES

Section 1.1. - Name.Section 1.2. - Boundaries.Section 1.3. - Wards.

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Section 1.1. - Name.

The organized city now existing and designated as the "City of Kentwood" shall continue as a public body corporate under the same name.

State law reference— Home rule cities to be body corporate, MCL 117.1.

Section 1.2. - Boundaries.

The city consists of the territory constituting the City of Kentwood on the effective date of this Charter, together with territory that is annexed to it and less territory that is detached from it. Upon annexation or detachment, the city's boundaries shall be deemed changed without amendment of this Charter. The clerk shall maintain and keep available for public inspection a current description of the city's boundaries.

State law reference— Annexation, MCL 117.9, 123.1001 et seq.

Section 1.3. - Wards.

The City of Kentwood shall consist of two wards, the boundaries of which shall provide for equal representation as required by law and shall be contiguous to the extent possible.

Within one year after the publication of the results of each federal census, and at such other times as the commission may request, the clerk shall present to the commission a plan for redefining ward boundaries in the city. This plan shall provide for equal representation of each ward as required by law, with the boundaries of the redefined ward contiguous to the extent possible.

If any plan for redefining ward boundaries is adopted by the commission, the wards in the city shall be as bounded by the plan without the necessity of amending this Charter. However, the number of wards in the city shall not be changed except by amendment of this Charter.

State law reference— Mandatory the charter provide for one or more wards, MCL 117.3(e).

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER II. - GENERAL PROVISIONS AND DEFINITIONS >>

CHAPTER II. - GENERAL PROVISIONS AND DEFINITIONS

Sec. 2.1. - Vested rights continued.Section 2.2. - City liability.Section 2.3. - City records.Section 2.4. - No estoppel.Section 2.5. - Processes against the city.Section 2.6. - Trusts.Section 2.7. - Quorum.Section 2.8. - Weekends and holidays.

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Section 2.9. - Amendments.Section 2.10. - Chapter and section headings.Section 2.11. - Severability of Charter provisions.Section 2.12. - Publication, mailing of notices.Section 2.13. - Definitions and interpretations.Section 2.14. - Penalties for violations of Charter.

Sec. 2.1. - Vested rights continued.

After the effective date of this Charter, the city shall be vested with all the property, funds, rights and credits as well as the records, files and documents belonging to it as formerly incorporated. No right, either in favor of or against the city existing at the time this Charter becomes effective, and no suit or prosecution of any character, shall be affected by adoption of this Charter. All debts, liabilities and obligations of the city shall continue, and all fines, penalties, taxes and assessments levied prior to adoption shall remain due and be collected.

Section 2.2. - City liability.

The city, its officers agents and employees shall be entitled to all privileges and immunities granted by law and the same may not be waived.

State law reference— Tort liability of municipalities, MCL 691.1401 et seq.

Section 2.3. - City records.

The city's records shall be kept, maintained and produced as required by law. All records pertaining to a city function, department or office shall be the property of the city. Officers of the city, whether elective or appointive, shall surrender such records in their possession or control to their successors or to the clerk upon leaving office.

State law reference— Mandatory that charter provide for public records in accordance with law, MCL 117.3(l).

Section 2.4. - No estoppel.

No estoppel may be created against the city.

Section 2.5. - Processes against the city.

All processes against the city shall be maintained in its corporate name.

Section 2.6. - Trusts.

All trusts established for a municipal purpose shall be used in accordance with the terms of the trust. The commission may receive and hold property in trust for a municipal purpose and apply the same for the execution of such trust.

Section 2.7. - Quorum.

Except as otherwise required by law, a quorum of any city board, council or commission shall be a majority of the members of such board, council or commission in office at the time.

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Section 2.8. - Weekends and holidays.

Whenever the date fixed by law for the completion of an act falls on a Saturday, Sunday or legal holiday, the act shall be completed on the next succeeding day which is not a Saturday, Sunday or legal holiday.

Section 2.9. - Amendments.

This Charter may be amended as permitted by law. If two or more amendments adopted at the same election have conflicting provisions, the one receiving the largest affirmative vote shall prevail as to those provisions.

State law reference— Charter amendments, MCL 117.21 et seq.

Section 2.10. - Chapter and section headings.

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

Section 2.11. - Severability of Charter provisions.

If any portion of this Charter, or its application, is found to be unlawful by a court of competent jurisdiction, such finding shall not invalidate any remaining portion or application, and to this end, the Charter is declared to be severable.

Section 2.12. - Publication, mailing of notices.

Charter requirements regarding the publication of notices, ordinances or proceedings shall be met by publishing an appropriate insertion in a newspaper which disseminates news of a general character. The newspaper shall have been in general circulation in the city for at least one year preceding its utilization by the city. An affidavit of the newspaper's publisher or designee annexed to a printed copy of the notice, ordinance or proceeding taken from the paper and specifying the time of publication shall be prima facie evidence of publication.

In any case in which this Charter requires the mailing of a notice, an affidavit of mailing by the officer or employee responsible shall be prima facie evidence of such mailing.

Section 2.13. - Definitions and interpretations.

Except as otherwise specifically provided or indicated by the context:

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 include the time of an event or requirement for which provision is applied. The singular number shall include the plural and the plural number shall include the singular. Similarly, references to the masculine gender shall include, extend and apply to females as well as males. All references to statutes shall be considered to be references to such statutes as amended from time to time.All references to section numbers shall refer to sections of this Charter.

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The word "person" shall include governmental entities, corporations, partnerships, associations and individuals.The words "printed" or "printing" shall include reproductions of printing.The word "record" shall include, but not be limited to, tangible items such as notes, books, files, writings, papers, discs, tapes and documents. Except in reference to signatures, the words "written" or "in writing" shall mean tangible documentation, including, but not limited to, handwritten script, facsimile transcription, printing and typewriting. The word "officer" shall include, but not be limited to, elected officers, administrative officers, members of city boards, committees and commissions created by or pursuant to this Charter and their authorized deputies. The word "default" shall include being delinquent in taxes.Unless otherwise identified, the word "law" shall mean federal law, the Constitutions of the United States and State of Michigan, state law, common law, this Charter and any ordinances or other lawfully adopted acts of the city. The word "City" shall mean the City of Kentwood.The word "Commission" shall mean the City Commission of the City of Kentwood."Assessed value" or "assessed valuation" shall mean the local assessment of real or personal property as approved and corrected through the process of county and state equalization and as required by law.

Section 2.14. - Penalties for violations of Charter.

Any city officer found guilty by a court of competent jurisdiction of an act declared by law to constitute misconduct in office may be punished as permitted by law. The punishment provided for in this section shall be in addition to having the office declared vacant.

Any person, officer or employee found guilty by a court of competent jurisdiction of a violation of any term of this Charter shall be punished as permitted by law.

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER III. - MUNICIPAL POWERS >>

CHAPTER III. - MUNICIPAL POWERS

Section 3.1. - General powers.Section 3.2. - Further identification of powers.Sec. 3.3. - Intergovernmental relations.

Section 3.1. - General powers.

The city, its officers, agents and employees shall be vested with all powers, privileges and immunities, express or implied, which cities are, or hereafter may be, granted by law. Those powers shall include, without limitation, powers which cities are permitted to provide for in their charters pursuant to Public Act No. 279 of 1909 (MCL 117.1 et seq.), as amended, as

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fully as though those powers were specifically identified in this Charter. The city, its agents, officers and employees shall exercise all municipal powers permitted in the management and control of municipal property or government, whether such powers are expressly identified or not, and may perform any lawful act to advance the interests of the city.

Section 3.2. - Further identification of powers.

In addition to the powers, privileges and immunities authorized by law, and those set forth in this Charter, the city shall have power to and may, by ordinance or other lawful act, provide for:

The acquisition, by purchase, condemnation, lease or otherwise, of property, whether real or personal, which may be required for or incidental to the exercise of city powers; The maintenance, management, development, operation, leasing and disposal of city property;Refunding money advanced or paid on special assessments, borrowing money for such refunding, and issuing bonds;Installing and connecting conduits for the service of municipally owned utilities;Regulating, condemning or granting franchises and of the property used by companies or persons engaged in the cemetery, health, lighting, communication, gas, heat, water, sewer and power business; Establishing, using, vacating, improving and controlling the surface of its streets and other public places, and of the space above and below them; Use, by others than the owner, of property located in streets and other public places for the operation of a public utility, upon the payment of reasonable compensation; A plan of streets within and for a distance of not more than three miles beyond the city boundaries;The use and regulation of streams, waters and watercourses;Acquiring, constructing, operating and improving storage and parking facilities, including the fixing and collection of charges for services; Establishing districts or zones to regulate the use and dimensions of land and structures;Regulating trades, occupations, activities and amusements within the city and prohibiting trades, occupations, activities and amusements as are detrimental to the health, morals or welfare of the city's inhabitants; Prescribing the terms and conditions upon which licenses may be granted, suspended or revoked; requiring payment for licenses; and requiring a bond for the faithful observance of conditions under which licenses are granted; Licensing, regulating and restricting the number and location of advertising signs, displays and billboards;Preventing injury or annoyance to the city's inhabitants from anything which is dangerous, offensive or unhealthful; preventing, abating and prosecuting nuisances and those neglecting or refusing to abate, discontinue or remove nuisances; Regulating transportation facilities;

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Regulating the use, occupancy, parking and location of house trailers, recreational vehicles or mobile homes as permitted by law; Requiring owners of real property to construct, repair and maintain sidewalks abutting upon such property and, if the owner fails to comply with such requirements or if the owner is unknown, constructing, repairing and maintaining such sidewalks and assessing the city's cost; Requiring an owner of property to abate nuisances after notice is given that such nuisance exists and, if the owner fails to comply with such notice or if the owner is unknown, to abate such nuisance and assess the city's cost; Regulating and maintaining trees, shrubs and other vegetation in and adjacent to public streets, parks and other public places, dead and diseased vegetation on private property and vegetation on private property overhanging streets or other public places; maintaining and removing such vegetation and assessing the city's cost; and regulating the planting of vegetation on property which interferes with public utilities, easements or rights-of-way; Requiring the platting of all subdivided land;Regulating the lighting of streets and other public places; andOwning, constructing, maintaining, repairing or operating any facility, structure, building, system, equipment, park or grounds.

State law reference— Permissible charter provisions, MCL 117.4e et seq.

Sec. 3.3. - Intergovernmental relations.

The city may join with any governmental entity, or with any number or combination thereof, to perform, jointly or separately for the others, any lawful power or duty which is permitted to be performed.

State law reference— Intergovernmental contracts between municipal corporations, MCL 124.1 et seq.

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER IV. - THE COMMISSION: PROCEDURES AND MISCELLANEOUS POWERS >>

CHAPTER IV. - THE COMMISSION: PROCEDURES AND MISCELLANEOUS POWERS

Section 4.1. - Regular meetings.Section 4.2. - Special meetings.Section 4.3. - Meetings to be public.Section 4.4. - Adjournment of meeting.Section 4.5. - Compulsory attendance and conduct at meeting.Section 4.6. - Organization and rules of the commission.Section 4.7. - Investigations.

Section 4.1. - Regular meetings.

The commission shall provide for the time and place of its regular meetings. An organizational meeting shall be held on the Monday following each general city election.

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Section 4.2. - Special meetings.

Special meetings may be called by the clerk at the request of the mayor, or at the request of any three members of the commission, on no fewer than eighteen hours' written notice to each member of the commission. The notice shall be served personally or left at the member's residence. A special meeting may be held on shorter notice if all members of the commission are present or have waived notice in writing.

State law reference— Open Meetings Act, MCL 15.261 et seq.

Section 4.3. - Meetings to be public.

All regular and special meetings of the commission shall be noticed and conducted as provided by law, including the Open Meetings Act, Public Act No. 267 of 1976 (MCL 15.261 et seq.), as amended. The commission may adopt procedural rules for the conduct of meetings.

State law reference— Mandatory charter provisions, MCL 117.3(l).

Section 4.4. - Adjournment of meeting.

In the absence of a quorum, a lesser number of commissioners may adjourn a meeting to a later time or date. In the absence of all commissioners, the clerk may adjourn a meeting for not longer than one week.

Section 4.5. - Compulsory attendance and conduct at meeting.

Any four or more members of the commission may, by vote, compel the attendance of other members and other city officers at any meeting. Any member of the commission or other officer who, when notified of a request for his or her attendance, fails to attend such meeting for reasons other than those approved by the commission, shall be deemed guilty of misconduct in office. The presiding officer shall enforce orderly conduct at meetings. Any member of the commission or other city officer who fails to act in an orderly manner shall be guilty of misconduct in office. Any city police officer designated by the presiding officer shall serve as the sergeant-at-arms in the enforcement of the provisions of this section.

Section 4.6. - Organization and rules of the commission.

The commission shall determine its own organization, rules and agenda, subject to the following:

A journal of the proceedings of each meeting shall be kept by the clerk, in the English language, which shall be signed by the presiding officer and clerk. All ordinances and resolutions shall be acted upon by a roll call vote and entered in the minutes. Where the vote is unanimous, it shall only be necessary to so state. No member of the commission shall vote on a question in which he or she has a financial interest, other than the common public interest, or on any question concerning his or her own conduct. On all other questions each member who is present shall vote when called, unless otherwise required by law or excused by a

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majority of the remaining members present. Any member refusing to vote, except in accordance with this subsection, shall be guilty of misconduct in office. In all roll call votes the names of the commissioners shall be called in alphabetical order, and the name to be called first shall be advanced one position alphabetically in each succeeding vote. Proceedings of the commission, or a summary of the proceedings, shall be published after a meeting in a newspaper of general circulation within the city. A record of the proceedings shall be prepared by the clerk and approved by the commission, and shall show the substance of each separate action of the commission. Records of each meeting shall be recorded, kept and made available to the public as required by the Open Meetings Act, Public Act No. 267 of 1976 (MCL 15.261 et seq.), as amended, and the Freedom of Information Act, Public Act No. 442 of 1976 (MCL 15.231 et seq.), as amended.

State law reference— Mandatory that charter provide for public meetings, MCL 117.3(l); mandatory that charter provide for keeping of records of meeting in English, MCL 117.3(m).

Section 4.7. - Investigations.

The commission, or any lawfully designated committee or board from its membership, may inquire into the conduct of any department, office or officer and make investigations as to matters in which the city has an interest.

Failure on the part of any officer to respond to such inquiries, to appear as directed or to produce records or other information as ordered shall constitute misconduct in office and a violation of this Charter. Failure on the part of any employee or other person to respond to such inquiries, to appear as directed or to produce records or other information as ordered shall constitute a violation of this Charter.

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER V. - CITY LEGISLATION >>

CHAPTER V. - CITY LEGISLATION

Section 5.1. - Prior city legislation.Section 5.2. - Legislative power.Section 5.3. - Form of official action.Section 5.4. - Introduction, consideration and style of ordinances.Section 5.5. - Publication of ordinances.Section 5.6. - Enactment of Code by reference.Section 5.7. - Penalties.Section 5.8. - Initiative and referendum.Section 5.9. - Initiatory and referendary petitions.Section 5.10. - Commission procedure on initiatory or referendary petitions.Section 5.11. - Submission to electors.Section 5.12. - Status of ordinance adopted.Section 5.13. - Ordinance suspended.

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Section 5.1. - Prior city legislation.

All valid ordinances, resolutions, rules and regulations of the city which are consistent with this Charter and which are in existence on the effective date of this Charter shall remain in full force and effect, until repealed or amended. As permitted by law, the mayor shall appoint all members of boards, committees or commissions, subject to commission approval. Upon the effective date of this chapter, any ordinance, resolution, rule or regulation, or part thereof, which is inconsistent with this Charter is repealed.

State law reference— Mandatory charter provisions, MCL 117.3(k).

Section 5.2. - Legislative power.

The legislative power of the city is vested exclusively in the commission.

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

Section 5.3. - Form of official action.

All official action of the commission shall be by ordinance, resolution, order or motion. All legislation shall be by ordinance. Action by resolution shall include all matters required or permitted by law to be so performed, as well as administrative matters. All action of the commission shall be by majority vote of those present and voting, provided that a quorum is present at the meeting.

Section 5.4. - Introduction, consideration and style of ordinances.

Each proposed ordinance shall be submitted in written form. The style of all ordinances shall be "The City of Kentwood ordains:".Each ordinance shall be identified by a number and title.An ordinance may be repealed or amended only by an ordinance passed in the manner provided in this section. An ordinance may be repealed by reference to its number and title only. If any portion of an ordinance is amended, it shall be reenacted and published as required by law. This requirement shall not apply to zoning ordinance amendments or the schedules of one-way streets, stop signs and parking limitations contained in any traffic ordinance. Each ordinance shall be recorded by the clerk in an ordinance book, and the enactment of such ordinance and its effective date shall be certified by the clerk. Ordinances of the city may be codified or otherwise organized.

State law reference— Mandatory that charter provide for ordinance adoption procedures, MCL 117.3(k); codification of ordinances, MCL 117.5b.

Section 5.5. - Publication of ordinances.

Each ordinance or summary shall be published in a newspaper of general circulation in the city within fifteen days of its enactment. The effective date of an ordinance shall be stated in the ordinance, but shall not be earlier than ten days after its publication, unless it is declared to be an emergency ordinance by the affirmative vote of 2/3's of the commission, in which case the effective date shall be the date of publication.

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State law reference— Mandatory that charter provide for publication of ordinances, MCL 117.3(k).

Section 5.6. - Enactment of Code by reference.

The commission may adopt, in whole or in part, a law, code or technical rules as permitted by law.

State law reference— Adoption by reference, MCL 117.3(k).

Section 5.7. - Penalties.

The commission may provide in any ordinance for the punishment of those who violate its provisions. The commission may provide for punishment or sanctions in the manner and to the extent permitted by law. Each day on which a violation of an ordinance occurs is a separate violation.

State law reference— Penalties for ordinance violations, MCL 117.3(k), 117.4i(k),117.4l.

Section 5.8. - Initiative and referendum.

An ordinance may be initiated and a referendum on an existing ordinance may be requested on all legislative matters by submission of a petition.

Section 5.9. - Initiatory and referendary petitions.

An initiatory or referendary petition shall be signed by not less than ten percent of the registered electors of the city, as of the date of the last general city election. An initiatory petition must fully set forth the ordinance proposed, and no petition shall propose to initiate more than one ordinance. A referendary petition must identify the ordinance, or part thereof, it proposes be repealed. Petitions shall be signed and circulated as required by law.Petitions must be filed with the clerk who shall, within fifteen days, canvass the signatures to determine their sufficiency. Any signatures obtained more than sixty days before the filing of the petition with the clerk shall not be counted. If the petition contains an insufficient number of signatures or is improper as to form or compliance with this section, the clerk shall notify the person filing the petition and ten additional days from such notification shall be allowed to file supplemental petitions. When the petition is found to be sufficient and proper, the clerk shall present it to the commission at its next regular meeting.

Section 5.10. - Commission procedure on initiatory or referendary petitions.

Upon receiving a petition from the clerk, the commission shall, within thirty days, either:

Adopt the ordinance as submitted or determine to submit the proposal to the electors, if it is an initiatory petition; orRepeal the ordinance to which the petition refers or determine to submit the proposal to the electors, if it is a referendary petition.

Section 5.11. - Submission to electors.

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If the commission determines to submit a proposal to the electors, it shall be submitted at the next election held in the city for any purpose or, at the discretion of the commission, at a special election called for that purpose. In the case of an initiatory petition, if no election is to be held within 150 days from the time the petition is received by the commission, and the commission does not enact the ordinance, then the commission shall call for a special election within 90 days from the time the petition is received by the commission for submission of the proposal. The result of all elections held under this section shall be determined by majority vote of the electors voting on the question.

Section 5.12. - Status of ordinance adopted.

An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed by the commission for two years after the date of the election. If two or more ordinances, adopted at the same election, have conflicting provisions, the one receiving the largest affirmative vote shall prevail as to those provisions.

Section 5.13. - Ordinance suspended.

Receipt by the commission from the clerk of a sufficient and proper referendary petition, containing the signatures of fifteen percent of the registered electors of the city as of the date of the last general city election, which signatures were obtained within ninety days after passage of the ordinance to which the petition refers, shall automatically suspend the operation of the ordinance in question, pending repeal by the commission or final determination by the electors.

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER VI. - ORGANIZATION OF GOVERNMENT >>

CHAPTER VI. - ORGANIZATION OF GOVERNMENT

Section 6.1. - City commission.Section 6.2. - Qualifications of commissioners.Section 6.3. - Compensation of elected officers.Section 6.4. - Mayor pro tem.Section 6.5. - Duties of mayor.Section 6.6. - Administrative services.Section 6.7. - Clerk: Functions and duties.Section 6.8. - Treasurer: Functions and duties.Section 6.9. - Assessor: Functions and duties.Section 6.10. - Attorney: Functions and duties.Section 6.11. - Compensation of attorney and special counsel.Section 6.12. - Deputy administrative officers.Section 6.13. - Independent boards and commissions.Section 6.14. - Planning commission.

Section 6.1. - City commission.

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There shall be a city commission of seven members, consisting of six commissioners and the mayor. The commission is the legislative and governing body of the city and shall have the authority to exercise all powers conferred upon or possessed by the city, except as otherwise provided by law.

State law reference— Mandatory that charter provide for certain officers, MCL 117.3(a).

Section 6.2. - Qualifications of commissioners.

Members of the commission shall meet the eligibility requirements contained in this Charter. The commission shall be the sole judge of the election and qualification of its members and of the grounds for loss of office.

Section 6.3. - Compensation of elected officers.

The commission shall maintain a local officers compensation commission which shall establish the compensation of each elected city official. The elected officers shall also receive payment for reasonable and necessary expenses incurred in the performance of official duties.

State law reference— Local officers compensation commission, MCL 117.5c.

Section 6.4. - Mayor pro tem.

At its first regular meeting following each general city election, the commission shall elect one of its members to serve as mayor pro tem for a term expiring at the first commission meeting following the next general city election. Such elections shall be by majority vote of the members of the commission.

Section 6.5. - Duties of mayor.

In addition to any powers and duties otherwise provided by law, the mayor shall have powers and duties as follows:

The mayor shall be the executive head of the city. The mayor shall have a voice and vote in all proceedings of the commission equal with that of other members of the commission, but shall have no veto power. The mayor shall be the presiding officer of the commission. The mayor shall be conservator of the peace and, in emergencies declared by the commission, may exercise all powers conferred by law and shall have authority to command the assistance of all able-bodied citizens to aid in the enforcement of city ordinances. The mayor shall execute or authenticate by signature such records, acts and instruments as required by the commission or by law. The mayor shall be responsible for the efficient administration of all city affairs as authorized by the commission or by law. The mayor shall see that all laws are enforced.The mayor shall direct and supervise the administration of all city departments, offices and agencies, except as otherwise provided by law. The mayor shall give the city and department officials ample notice of the expiration or termination of any franchise, license, contract or agreement.

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The mayor shall see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise or contract are faithfully kept and performed. The mayor shall supervise the preparation of, and recommend to the commission for approval, an annual budget. The mayor shall be responsible further to administer the budget as finally adopted, under policies formulated by the commission and law, and to keep the commission fully advised at all times as to the financial condition and needs of the city. The mayor shall recommend to the commission for adoption measures as deemed necessary or expedient.The mayor shall be responsible for the maintenance of a system of accounts and records of the city in conformance with any uniform system required by law.

State law reference— Mandatory that charter provide for a system of accounts that conforms to a uniform system of accounts as required by law, MCL 117.3(n).

The mayor shall approve all rules and regulations of the several departments of the city.The mayor shall perform other administrative duties as may be established by this Charter, required by law or by the commission.

In the event of the mayor's absence or disability, the mayor pro tem shall perform the duties of the mayor. During the absence or disability of both, the commission shall designate another of its members to serve as acting mayor. While in office, the acting mayor shall have all of the responsibility and authority of the mayor.

Section 6.6. - Administrative services.

The administrative officers of the city shall be the city attorney, assessor and additional administrative officers as may be established, from time to time, by ordinance. The commission may combine administrative offices for the proper and efficient operation of the city. All administrative officers of the city, except the city attorney, shall be appointed by the mayor for an indefinite period, subject to confirmation by the commission. All administrative officers, other than the city attorney, shall be responsible to the mayor, have their compensation fixed by the mayor in accordance with budget appropriations and may be discharged by the mayor in accordance with procedures adopted by the commission. The commission shall establish, by ordinance, such departments of the city as it deems necessary or advisable and shall prescribe the functions of each department and the duties and responsibilities of department personnel. The mayor may, consistent with the law, prescribe additional duties and responsibilities for the personnel of those departments which are responsible to the mayor. All city personnel, other than officers of the city, shall be city employees. The head of each department shall have the power to hire, suspend or discharge employees for that department, subject to approval by the mayor.

State law reference— Mandatory that charter provide for an assessor, MCL 117.3(a); tax assessments generally, MCL 211.10 et seq.

Section 6.7. - Clerk: Functions and duties.

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The clerk shall be the clerk of the commission, attend all meetings of the commission, and keep a permanent journal in the English language of its proceedings. The clerk shall be custodian of the city seal, affix it to all documents and instruments requiring the seal and attest the same. The clerk shall also be custodian of all records pertaining to the city, the custody of which is not otherwise provided for by law. The clerk shall certify by signature all ordinances and resolutions adopted by the commission.The clerk shall maintain and provide a supply of forms for petitions required to be filed for any purpose by the provisions of law. The clerk shall publish and post all notices, proceedings and other matters required by law.The clerk shall administer the oath of office.The clerk shall be the chief election officer of the city.The clerk shall perform such other duties as may be prescribed by law.

State law reference— Mandatory that charter provide for clerk, MCL 117.3(a); mandatory that charter provide for keeping in the English language a written or printed journal of each session of the legislative body, MCL 117.3(m).

Section 6.8. - Treasurer: Functions and duties.

The treasurer shall have the custody of all funds of the city, any bond pertaining solely to the clerk and all evidence of indebtedness belonging to, or held in trust by, the city. The treasurer shall collect all moneys of the city the collection of which is not otherwise provided by law. The treasurer shall receive from other city officers and employees all money belonging to and receivable by the city that may be collected by such officers and employees, including fines, fees, taxes, assessments and all other charges. All money shall be turned over to the treasurer after collection or receipt, and the treasurer shall in all cases give a receipt therefor. As permitted by law, the treasurer shall keep and deposit city funds in the manner and depositories prescribed by the commission, and shall report the same in detail to the mayor. The treasurer shall disburse all city funds as provided by law and in accordance with those procedures established by the commission. The treasurer shall have such powers and duties in regard to the collection and custody of state, county, school district and city taxes as are conferred by law. The treasurer shall perform such other duties as may be prescribed by law.

State law reference— Mandatory that charter provide for treasurer, MCL 117.3(a); depositories, MCL 129.11 et seq.

Section 6.9. - Assessor: Functions and duties.

The assessor shall possess all powers vested in, and shall be charged with all duties imposed upon, assessing officers by law. The assessor shall prepare tax, special assessment and other rolls, and shall perform such other duties as prescribed by law.

Section 6.10. - Attorney: Functions and duties.

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The attorney shall act as legal advisor and attorney to the commission and shall be responsible solely to the commission. The attorney shall advise any city officer or department head in matters relating to official duties, when requested. The attorney shall prosecute ordinance violations and shall represent the city in court and before other tribunals as the commission directs. The attorney shall file with the clerk copies of all records and files as the commission directs. The attorney shall prepare or review all ordinances, contracts, bonds and other written instruments at the request of the commission and shall promptly provide an opinion as to the legality of such documents. The attorney shall call to the attention of the commission all matters of law, and changes or developments to the law, affecting the city. The attorney shall perform such other duties as may be prescribed by the commission or by law.Upon the recommendation of the attorney, or upon its own initiative, the commission may retain special legal counsel to handle any matter in which the city has an interest, or to assist the attorney.

Section 6.11. - Compensation of attorney and special counsel.

The compensation of the attorney shall be set by the commission. No compensation to special legal counsel shall be paid, except in accordance with an agreement between the commission and the attorney or special counsel made prior to rendering services.

Section 6.12. - Deputy administrative officers.

The clerk, treasurer and assessor may designate their own deputies, subject to the written confirmation of the mayor, and may terminate the status of their deputies at their discretion, with the written approval of the mayor. Such deputies shall possess all powers of their superior officers, except as limited by their superiors or the mayor.

Section 6.13. - Independent boards and commissions.

The commission may create such boards, authorities, committees or commissions as permitted by law. Except as otherwise provided by law, members of such bodies shall be appointed by the mayor, subject to confirmation by the commission.

Section 6.14. - Planning commission.

The city shall maintain a planning commission in accordance with and having the powers and duties granted by law.The planning commission shall advise the commission in regard to the proper development of the city and shall annually recommend a schedule of public expenditures and improvements. The commission shall maintain a zoning ordinance and comprehensive plan.

State law reference— Planning commission, MCL 125.31 et seq.

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Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER VII. - GENERAL FINANCE AND BUDGET >>

CHAPTER VII. - GENERAL FINANCE AND BUDGET [2]

Section 7.1. - Fiscal year.Section 7.2. - Budget procedures.Section 7.3. - Budget hearing.Section 7.4. - Adoption of budget.Section 7.5. - Budget control.Section 7.6. - Depository.Section 7.7. - Investment of city funds.Section 7.8. - Independent audit and report.Section 7.9. - Schedule of capital improvements.Section 7.10. - Administration.

Section 7.1. - Fiscal year.

The fiscal year of the city shall begin on July 1.

Section 7.2. - Budget procedures.

The mayor shall submit to the commission, on or before the first regular meeting in April, a recommended budget covering the next fiscal year. The recommended budget shall include the following:

Detailed estimates, with supporting explanations, of all proposed expenditures, including the corresponding expenditures for the last preceding fiscal year, the current fiscal year to March 1 and estimated expenditures for the balance of the current fiscal year. Statements of the bonded and other indebtedness of the city, showing debt redemption and interest requirements, debt authorized and unissued, and the status of any sinking funds. Detailed estimates of all anticipated revenues of the city from sources other than taxes, with a comparative statement of revenues received by the city from each of the same or similar sources for the last preceding fiscal year, the current fiscal year to March 1 and estimated revenues for the balance of the current fiscal year. An estimate of the fund equity or deficit for the current fiscal year.An estimate of the amount of money to be raised from current and delinquent taxes and the amount to be raised from bond issues which, together with any available unappropriated surplus and any revenues from other sources, will be available to meet proposed expenditures. Such additional information as the commission may request or as required by law.

Section 7.3. - Budget hearing.

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A public hearing on the budget shall be held before its final adoption at the time and place established by the commission. Notice of the public hearing and that the proposed budget is on file with the city shall be published at least one week in advance of the hearing. The proposed budget shall be kept on file for public inspection during regular business hours at the clerk's office for a period of not less than one week prior to the hearing.

Section 7.4. - Adoption of budget.

After the public hearing, and not later than the last regular meeting in May, the commission shall, by resolution, adopt a budget for the next fiscal year, adopt an appropriations act for the funds needed for municipal purposes during the next fiscal year and provide for a levy of the amount necessary to be raised by taxes, as required by law.

Section 7.5. - Budget control.

Except as permitted by law, no funds shall be expended, nor shall any obligation for an expenditure be incurred, except as authorized by the adopted appropriations act. The commission, by resolution, may transfer any unencumbered and uncommitted appropriation balance, or any portion thereof, from one account, department, fund or agency to another. As permitted by law, the commission may make additional appropriations during a fiscal year for unanticipated expenditures required of the city. Additional appropriations shall not exceed the amount by which actual and anticipated revenues for the year exceed the revenues estimated in the budget. The commission may make additional appropriations from any available and unencumbered funds. Expenditures shall not be charged directly to a contingency fund; instead, the necessary part of a contingency fund shall be transferred to the logical account and the expenditure then charged to such account. At the beginning of each quarterly period during the fiscal year, and more often if required by the commission, the mayor shall submit information to the commission, showing the relation between the estimated and actual revenues and expenditures to date. If it appears that the revenues are insufficient, the commission shall take necessary action to prevent expenditures from exceeding revenues. The balance in any budget appropriation which has not been encumbered at the end of a fiscal year shall, subject to the provisions of this Charter, revert to fund equity. The balance in any budget appropriated for construction projects and capital expenditures approved by the commission may be automatically reappropriated.

Section 7.6. - Depository.

The commission shall designate depositories for city funds and provide for the regular deposit of city funds as permitted by law.

State law reference— Depositories, MCL 129.11 et seq.

Section 7.7. - Investment of city funds.

Funds may be invested by the city as permitted by law.

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State law reference— Investment of surplus funds of political subdivisions, MCL 129.91 et seq.; Surplus Funds Investment Pool Act, MCL 129.111 et seq.; Local Government Investment Pool Act, MCL 129.141 et seq.

Section 7.8. - Independent audit and report.

An independent audit shall be made of all city financial records, accounts and procedures at least annually, and more frequently if deemed necessary by the commission. The audit shall be performed by certified public accountants selected by the commission. The mayor shall submit an annual report of the affairs of the city, including a financial report. Copies of the audit and annual report shall be made available for public inspection and filed.

State law reference— Annual audits, MCL 141.425 et seq.; annual financial report, MCL 141.424.

Section 7.9. - Schedule of capital improvements.

The mayor shall submit to the commission, simultaneously with the recommended budget, a schedule showing proposed capital improvement expenditures for the next six fiscal years. Only expenditures anticipated to exceed a commission determined amount need be included. The mayor shall prepare the schedule based on consultations with, and recommendations from, the planning commission and others as directed by the commission. The schedule shall separately identify proposed capital acquisitions and expenditures with estimates of cost and proposed methods of financing, as accurate as may be made without detailed plans and specifications. As required by law, the schedule shall be for the guidance of the commission in adoption of the regular annual budget and the commission may delete items or make revisions as it deems appropriate. After making any desired corrections, the commission shall adopt the capital improvement schedule at the same meeting as it adopts the regular annual budget. Adoption of the schedule shall not obligate the city to carry out the programs or improvements listed, nor obligate the city to include any items in future budgets or appropriate funds.

Section 7.10. - Administration.

The commission may adopt ordinances or resolutions, consistent with this Charter, identifying procedures to be followed in administering the budget.

FOOTNOTE(S):(2) State Law reference— Uniform Budgeting and Accounting Act, MCL 141.421 et seq.; Revised Municipal Finance Act, MCL 141.2101 et seq. (Back)

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER VIII. - TAXATION >>

CHAPTER VIII. - TAXATION [3]

Section 8.1. - Power to tax; tax limit.Section 8.2. - Subjects of taxation.Section 8.3. - Exemptions.

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Section 8.4. - Preparation of the assessment roll.Section 8.5. - Board of review.Section 8.6. - Duties and functions of board of review.Section 8.7. - Meetings of the board of review.Section 8.8. - Notice of meetings.Section 8.9. - Endorsement of roll.Section 8.10. - Clerk to certify tax levy.Section 8.11. - City tax roll.Section 8.12. - Tax roll certified for collection.Section 8.13. - Lien and persons liable.Section 8.14. - Statement to taxpayers.Section 8.15. - Collection of city taxes.Section 8.16. - Failure or refusal to pay personal property tax.Section 8.17. - Delinquent tax roll to county treasurer.Section 8.18. - State, county and school taxes.

Section 8.1. - Power to tax; tax limit.

The city shall have the power to assess taxes and to levy and collect rents, rolls and excises. Exclusive of any levies authorized by law to be made beyond charter tax rate limitations, the annual ad valorem tax levy shall not exceed three-tenths of one percent of the taxable value of all real and personal property in the city, subject to the following:

Up to an additional one one-hundredths of one percent of the taxable value of all real and personal property in the city may be levied for a period of twenty years, to wit: 1994 through 2014, for park site acquisitions and improvements; Up to an additional fifteen-hundredths (0.15) mills upon the taxable value of all real and personal property in the city may be levied for a period of fifteen years, to wit: 1994 through 2009, to be used for landfill remedial action; Up to an additional four and twenty-six hundredths twenty thousandths (4.2620) mills upon the taxable value of all real and personal property in the city may be levied to be used to provide police and fire protection in the city; Up to an additional thirty-five hundredths (0.35) mills upon the taxable value of all real and personal property in the city may be levied to be used to provide funds for the construction of a library building in the city and to maintain the library for all purposes authorized by law.

(Election of 4-20-1999; Election of 8-8-2006; Election of 8-5-2008) State law reference— Charter to provide for levying of taxes, MCL 117.3(g); limitations on tax rate, Mich. Const. (1963), art. VII, § 21, MCL 117.3(g), 117.5(a), 211.107a.

Section 8.2. - Subjects of taxation.

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

State law reference— Mandatory charter provisions, MCL 117.3(f).

Section 8.3. - Exemptions.

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No exemptions from taxation shall be allowed, except as is expressly permitted by law.

State law reference— Real estate tax exemptions, MCL 211.7 et seq.

Section 8.4. - Preparation of the assessment roll.

Between tax day and the first meeting of the board of review, the assessor shall prepare and certify an assessment roll in the manner and form prescribed by law. Notice shall be given to the owner of any property, as shown by the taxable roll, of an increase from the previous year in the assessed value of the property or the addition of property to the roll. The failure to send or receive notice shall not invalidate any assessment roll or an assessment on property.

State law reference— Assessment roll, MCL 211.24 et seq.

Section 8.5. - Board of review.

As permitted by law, the board of review shall be composed of electors of the city selected based on their knowledge of property values, the subjects of assessment and property tax administration. No elective city officer shall be a member of the board. Filing, by a member of the board, of a nominating petition for elective city office shall constitute a resignation from the board. The commission may appoint three, six or nine members who shall constitute a board of review. Members shall be appointed for two-year terms to replace members whose terms expire. If six or nine members are appointed to the board, the membership shall be divided into board of review committees, consisting of three members each, for the purpose of hearing and deciding issues protested. Two of the three members of each committee will constitute a quorum for the transaction of business. The commission shall fix the compensation of the members of the board of review. The board shall select its own chairperson for the ensuing year and each committee shall select its own chairperson. The assessor shall act as clerk for the board and any committees and be entitled to be heard at its sessions, but shall have no vote.

State law reference— Board of review, MCL 211.28 et seq.

Section 8.6. - Duties and functions of board of review.

For the purpose of revising and correcting assessments, the board of review shall have the same powers and perform like duties as conferred by law upon boards of review in townships, except as otherwise provided in this Charter. The board 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. The board may establish reasonable regulations governing its hearings, require the submission of a written argument from those appealing to it and otherwise provide for expediting its work. No change in the status or value of any property after the pertinent tax day shall be considered by the board in its decisions. It shall be the duty of the assessor to keep a permanent record of all proceedings of the board and any committees and to record all decisions.

State law reference— Board of review, MCL 211.28 et seq.

Section 8.7. - Meetings of the board of review.

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The board of review shall convene for its first meeting at the time and place designated by the commission, and shall remain in session as required by law for the purpose of examining and reviewing the assessment roll prepared by the assessor. In each case in which the board resolves to change the value of property from the amount shown on the assessment roll, adds property to such roll or changes the description of real property as reported on such roll, the assessor shall give notice of these actions to the taxpayer of record shown by such roll. The notice shall state the date, time, place and purpose of the second meeting of the board. Failure to send or receive this notice shall not invalidate any assessment roll. The assessment roll shall stand as approved and adopted by the board of review, except as changed by a vote of the board. The board of review shall convene for its second meeting as required by law, at the time and place designated by the commission, and shall continue in session until all interested persons have an opportunity to be heard. The board of review shall have full authority upon its own motion to change assessments or add to the rolls property omitted which is liable to assessment in the city, if the person who is assessed upon such altered valuation or for omitted property is promptly notified and granted an opportunity to file objections. The board of review shall meet as provided by law for the purpose of correcting clerical errors and mutual mistakes as to the correct assessment figures, the rate of taxation or mathematical computations relating to the assessing of taxes at meetings held solely for that purpose at the time and place as designated by the commission.

State law reference— Meeting of board of review, MCL 211.30, 211.107.

Section 8.8. - Notice of meetings.

Notice including the time and place of the sessions of the board of review, shall be given by the assessor as required by law.

State law reference— Notice of meetings of board of review, MCL 211.29(6).

Section 8.9. - Endorsement of roll.

After the board of review completes its review of the assessment roll, the majority of its members shall endorse the roll and sign a statement to the effect that it is the assessment roll of the city for the year in which it was prepared. The omission of such endorsement or other formality shall not affect the validity of the roll. A summary of the assessment roll shall be delivered to the commission by the assessor following the board's endorsement.

State law reference— Completion of roll, MCL 211.30a.

Section 8.10. - Clerk to certify tax levy.

After the commission has adopted the budget for the ensuing year, the clerk shall certify to the assessor the total amount which the commission determines shall be raised by general ad valorem tax. The clerk shall also certify all amounts of current or delinquent specialassessments and all other amounts which the commission requires to be assessed, reassessed or charged upon the assessment roll as provided by law.

Section 8.11. - City tax roll.

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After the board of review completes its review of the assessment roll, the assessor shall prepare a copy of the roll, to be known as the "city tax roll," and upon receiving the certification of the amounts to be raised from the clerk, the assessor shall spread upon the tax roll the several amounts determined by the commission to be charged, assessed or reassessed against persons or property. The assessor shall also spread the amounts of the general ad valorem city tax according to and in proportion to the valuations identified in the roll. To avoid fractions in computation of any tax roll, the assessor may add to the amount of the several taxes the amount permitted by law. Any excess created on any tax roll shall belong to the city.

Section 8.12. - Tax roll certified for collection.

After spreading the taxes, the assessor shall direct the treasurer to collect from the persons named in the roll the sums identified as a tax or assessment. The treasurer shall have all statutory powers and immunities possessed by township treasurers for the collection of taxes. The roll shall be delivered to the treasurer for collection on or before June 1.

Section 8.13. - Lien and persons liable.

All taxes assessed shall become a debt due the city in the manner provided by law. Except as otherwise permitted by law, on July 1 of the year of assessment, the taxes and any applicable charges, fees or penalties shall become a lien, paramount to all other claims upon the property against which they are assessed.

State law reference— Lien for taxes, MCL 211.40 et seq.

Section 8.14. - Statement to taxpayers.

Upon receipt of the city tax roll, the treasurer shall proceed to collect the taxes. The treasurer shall prepare and mail to each taxpayer, at his or her last known address on the roll, a statement including an identification of the property, the assessed valuation and the tax due. Failure to send or receive the statement shall not invalidate the tax or the right to collect or enforce payment.

Section 8.15. - Collection of city taxes.

City taxes shall be assessed and levied prior to July 1 in each year, become payable on that date and collected on or before August 20 in each year. The commission may, by ordinance, establish a system for the installment payment of taxes extending not more than one year and provide for the collection of interest, administration fees and penalties.

Section 8.16. - Failure or refusal to pay personal property tax.

If any person shall fail, neglect or refuse to pay any personal property tax assessed, the treasurer may collect the same by seizing the personal property of such person, wherever the same may be found in the state, and from which seizure no property shall be exempt. The treasurer may sell the property seized for an amount sufficient to pay the taxes and all charges authorized by law. If otherwise unable to collect a tax on personal property, the treasurer may sue the person to whom it is assessed. The treasurer may accelerate the date on which personal property taxes shall be due and collected as permitted by law.

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Section 8.17. - Delinquent tax roll to county treasurer.

All city taxes on real property remaining uncollected by the treasurer on March 1 following the date when said roll was received shall be returned to the county treasurer in the manner and with like effect as provided by law for returns by township treasurers of township, school, state and county taxes. Such returns shall include all authorized assessments, charges, fees and penalties which shall be added to the amount assessed. The taxes returned shall be collected in the same manner as other taxes returned to the county treasurer, and shall remain a lien upon the property until paid.

Section 8.18. - State, county and school taxes.

For the purpose of assessing and collecting taxes for state, county and school purposes, the treasurer and assessor shall be considered the same as township treasurers and supervisors or assessing officers, and all provisions of law relating to the collection of and accounting for such taxes shall apply. In the event school taxes are collected at the same time as city taxes, they shall be collected subject to the same privileges and conditions as city taxes under this Charter.

FOOTNOTE(S):(3) State Law reference— General Property Tax Act, MCL 211.1 et seq. (Back)

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER IX. - BORROWING POWER >>

CHAPTER IX. - BORROWING POWER [4]

Section 9.1. - Grant of authority to borrow.Section 9.2. - Limitations on borrowing.Section 9.3. - Applicability of other statutory restrictions.Section 9.4. - Preparation and record of bonds.Section 9.5. - Deferred payment contracts.

Section 9.1. - Grant of authority to borrow.

As permitted by law, the city may borrow money for any purpose within the scope of its powers and may authorize the issuance of bonds or other evidence of indebtedness.

Section 9.2. - Limitations on borrowing.

The net indebtedness incurred for all public purposes shall not at any time exceed the limitations set by law. No bonds shall be sold to obtain funds for a purpose other than that for which they were authorized. The total amount of special assessment bonds which are a general obligation of the city shall at no time, by reason of future issues other than issues of refunding bonds, exceed the limitations set by law.

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All collections on a special assessment roll (or combination of rolls), in anticipation of which bonds have been issued, shall be deposited in a separate fund and used for the purpose for which levied and for the payment of the principal and interest on such bonds. If there is a deficiency in a special assessment fund to meet the payment of the principal or interest, moneys shall be advanced from the general fund to meet such deficiency and replaced in the general fund when the special assessment fund is sufficient.

Section 9.3. - Applicability of other statutory restrictions.

The issuance of any bonds not requiring the approval of the electors shall be subject to applicable requirements of law with reference to public notice, filing of petitions for a referendum, holding of a referendum and other procedural requirements.

Section 9.4. - Preparation and record of bonds.

Each bond or other evidence of indebtedness shall identify the purpose for which it is issued. It shall be unlawful for any officer or employee of the city to use the proceeds for any other purpose. Whenever the proceeds of any bond issue or part thereof remain unexpended and unencumbered for the purpose for which the bond issue was made, the commission may authorize the use of the funds as permitted by law. All bonds, interest coupons and other evidence of indebtedness issued by the city shall be signed by the mayor and countersigned by the clerk. The signatures may be made by facsimile, to the extent permitted by law. A complete and detailed record of all bonds and other evidences of indebtedness issued by the city shall be kept by the treasurer or other designated officer. Upon the payment of any bond or other evidence of indebtedness, it shall be canceled.

Section 9.5. - Deferred payment contracts.

The city may enter into installment contracts for the purchase of property or capital assets. All such deferred payments shall be included in the budget for the year in which the installment is payable.

FOOTNOTE(S):(4) State Law reference— Borrowing of money, MCL 117.4a. (Back)

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER X. - SPECIAL ASSESSMENTS >>

CHAPTER X. - SPECIAL ASSESSMENTS [5]

Section 10.1. - General powers relative to special assessments.Section 10.2. - Detailed procedure to be fixed by ordinance.Section 10.3. - Additional assessments; correction of invalid special assessments.Section 10.4. - Contested assessment.Section 10.5. - Special assessment accounts.

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Section 10.6. - Failure to receive notice.

Section 10.1. - General powers relative to special assessments.

The commission shall have the power to provide, with or without petition, for assessing and reassessing the costs, or any portion of the costs, of public improvements to a special assessment district and to determine that the whole or any part of the expense of any public improvement be defrayed by special assessment upon property especially benefitted.

The commission shall, in the exercise of its powers of financing the whole or a part of the costs of public improvements by special assessment, have authority to provide for the following, but this list shall not be exclusive:

Street improvements and facilities, including constructing, grading, widening and the paving of streets, curbs and gutters, storm sewers, sanitary sewers, water mains, and constructing and maintaining sidewalks. The construction and extension of public parking facilities as a public improvement.The assessment of single lots when an expenditure is made on a single lot, parcel or premises, which the city is authorized to charge and collect as a special assessment. The assessment of the cost of construction, removal or abatement of any condition which the commission determines to be a public hazard or nuisance which is dangerous to the health, safety or welfare of the inhabitants of the city. Installing a lighting system on any street or other public place. In each case, the special assessment district for a street lighting system shall be limited to the frontage of the street or part of street upon which the system is placed.

All real property shall be liable for the cost of public improvements benefiting such property, unless specifically exempted from special assessments by law.

Section 10.2. - Detailed procedure to be fixed by ordinance.

The commission shall establish by ordinance the complete special assessment procedure governing the initiation of projects, preparation of plans and cost estimates, creation of districts, making and confirming special assessment rolls, correction of errors in special assessment rolls, collection of special assessments, refunds of excess funds, additional pro rata assessments and any other matters concerning the making and financing of improvements by special assessment. Such ordinance shall be subject to the following limitations:

No final resolution determining to proceed with establishing a special assessment district shall be adopted until cost estimates have been prepared and a public hearing held on the advisability of proceeding. No special assessment roll shall be confirmed until after a meeting of the commission has been held to review the roll.Notice of hearings shall be given in the manner required by law.

Section 10.3. - Additional assessments; correction of invalid special assessments.

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Whenever any special assessment shall, in the opinion of the commission, be invalid by reason of irregularity or informality in the proceedings or if any tribunal of competent jurisdiction determines the assessment to be illegal, the commission may, whether the improvement has been made or not and whether any part of the assessment has been paid or not, cause a new assessment to be made for the purpose for which the former assessment was made. No judgment or decree, nor any act of the commission vacating a special assessment, shall destroy or impair the lien of the city upon the premises assessed, as permitted by law.

Section 10.4. - Contested assessment.

No suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining the collection of any special assessment or reassessment unless all conditions imposed by law have been complied with and:

Within thirty days after the confirmation of the special assessment roll, written notice is given to the clerk of intention to file such suit or action, stating the grounds on which it is claimed such assessment is illegal; and Such suit or action shall be commenced within thirty days after confirmation of the roll, or as otherwise required by law.

Section 10.5. - Special assessment accounts.

Except as otherwise provided in this Charter, moneys raised by special assessment for any public improvement shall be credited to a separate account, whether in anticipation of bonds issued or not, and shall be used to pay for the costs of the improvement for which the assessment was levied and incidental expenses.

Section 10.6. - Failure to receive notice.

Failure to receive any notice required by this Charter, or by law, shall not invalidate a special assessment or reassessment.

FOOTNOTE(S):(5) State Law reference— Permissible charter provisions relative to special assessments, MCL 117.4a, 117.4b, 117.4d, 117.5. (Back)

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER XI. - PURCHASES, CONTRACTS, LEASES >>

CHAPTER XI. - PURCHASES, CONTRACTS, LEASES

Section 11.1. - Purchase, sale or lease of property.Section 11.2. - Contracts.Section 11.3. - Deferred payment contracts.

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Section 11.1. - Purchase, sale or lease of property.

The mayor shall be responsible for administering the purchase, sale or lease of city property, except as otherwise provided by law. A system of centralized purchasing shall be maintained by the city. Comparative prices shall be obtained, prior to the purchase or sale of property, as prescribed by law. No sale or purchase shall be divided for the purpose of circumventing the dollar limit set by law. Purchases shall be made from the lowest competent bidder meeting specifications, unless the commission determines that the public interest will be better served by accepting a higher bid. Sales shall be made to the bidder whose bid is most advantageous to the city. In any case where a bid, other than the lowest, is accepted, the commission shall publicly identify its reasons for acceptance. The commission may reject any and all bids for the furnishing of property or services to the city. All purchases, sales and leases shall be documented as prescribed by law.

Section 11.2. - Contracts.

The authority to contract on behalf of the city is vested in the commission, unless otherwise duly delegated by the commission.No contract shall be amended after it has been approved, except as authorized by the commission.

Section 11.3. - Deferred payment contracts.

The city may enter into installment purchase or lease-purchase contracts as permitted by law.

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER XII. - UTILITIES >>

CHAPTER XII. - UTILITIES [6]

Section 12.1. - General powers respecting utilities.Section 12.2. - Management of municipal utilities.Section 12.3. - Rates.Section 12.4. - Utility rates and charges—Collection.Section 12.5. - Utility rates and charges.

Section 12.1. - General powers respecting utilities.

The city shall possess all the powers granted to cities by law to acquire, construct, own, operate, improve, connect, expand, repair and maintain, either within or without its limits, public utilities, including, but not limited to, utilities for supplying water, light, heat, communication systems, power, gas, transportation, sewage or stormwater treatment and garbage disposal. The city may sell and deliver water, light, heat, power, gas and other public utility services beyond its corporate limits.

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Section 12.2. - Management of municipal utilities.

Any city owned or operated utility shall be administered as a regular department of the city, subject to the supervision of the mayor.

Section 12.3. - Rates.

The commission shall have the power to fix, from time to time, reasonable rates and charges as may be deemed advisable for supplying public utility services. There shall be no discrimination in such rates within any classification of users, nor shall free service be permitted. Rates may be charged for service outside the corporate limits of the city as permitted by law.

Section 12.4. - Utility rates and charges—Collection.

The commission shall provide by ordinance for the collection of public utility rates and charges. As permitted by law, such ordinance shall include provisions for:

The city's security for the collection of utility rates and charges in the form of a lien upon the real property served by the public utility, which lien shall become effective immediately upon the supplying of utility service. Terms and conditions under which utility services may be discontinued.The city's authority to institute an action to collect rates or charges.The city's reservation of all powers granted to cities relative to the collection of rates and charges.

Section 12.5. - Utility rates and charges.

The rates and charges for any city public utility shall be fixed so as to minimally meet all the costs of the utility, including replacement. Transactions pertaining to the ownership or operation by the city of each public utility shall be recorded in a separate group of accounts. These accounts shall be classified in accordance with generally accepted utility accounting practice. Charges for all service furnished to, or rendered by, other city departments or agencies shall be recorded. An annual report shall be prepared to show fairly the financial position of each utility. The report shall be kept available for inspection at the clerk's office.

FOOTNOTE(S):(6) State Law reference— Charter provisions relative to utilities, MCL 117.4f, 117.5e. (Back)

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER XIII. - PUBLIC UTILITY FRANCHISES >>

CHAPTER XIII. - PUBLIC UTILITY FRANCHISES [7]

Section 13.1. - Granting public utility franchises.Section 13.2. - Conditions of public utility franchises.

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Section 13.3. - Regulation of rates.Section 13.4. - Use of public places by utilities.Section 13.5. - Existing franchises.

Section 13.1. - Granting public utility franchises.

Public utility franchises and renewals, extensions or amendments of public utility franchises may be granted by ordinance or as otherwise permitted by law. No exclusive franchise shall be granted. No franchise shall be granted for a period longer than thirty years. Unless a franchise is subject to revocation at the will of the commission, it shall not become effective until referred to the electors at a general or special election and receives the affirmative vote of three-fifths of the electors voting on the question. No franchise shall be approved by the commission for referral to the electorate unless thirty days have passed following submission of the application to the commission, a public hearing has been held and the grantee named in the application has filed with the clerk an unconditional acceptance of all terms of the franchise. No special election for a franchise shall be held unless the expense of holding the election is paid by the grantee. A franchise or a renewal, extension or amendment to a franchise, which is subject to revocation at the will of the commission, may be enacted without referral to the electors. Such franchise shall not be enacted unless the franchise is kept on file in the office of the clerk for at least thirty days following publication of notice of its availability for public inspection.

State law reference— Franchises limited to 30 years, Mich. Const. art. VII, § 30; submittal to electors required if irrevocable, Mich. Const. art. VII, § 25; expense of special election to be paid by grantee, MCL 117.5(i).

Section 13.2. - Conditions of public utility franchises.

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

To repeal the same for misuse, nonuse or failure to comply with the provisions of the franchise;To require proper and adequate extension of plant, service and maintenance at the highest practical level of efficiency;To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates;To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the period of the franchise; To use, control and regulate the use of its streets, bridges and other public places and the space above and beneath them; and To impose such other regulations as may be determined by the commission to be conducive to the safety, welfare and accommodation of the public.

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Section 13.3. - Regulation of rates.

All public utility franchises shall contain provision for fixing rates, fares and charges and may provide for readjustments 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.

Section 13.4. - Use of public places by utilities.

Every public utility, whether it has a franchise or not, shall pay part of the cost of improvement or maintenance of streets and other public places as may arise from its use of such public places and shall protect and hold the city harmless from all damages arising from such use. Every such public utility may be required by the city to permit joint use of its property located in the streets and other public places by the city or by other public utilities insofar as such joint use is reasonably practical and upon payment of reasonable rental. In the absence of an agreement, and upon application by any public utility, the commission shall provide for binding arbitration of the terms and conditions of such joint use and the compensation to be paid.

Section 13.5. - Existing franchises.

All franchises existing when this Charter becomes effective shall remain in full force and effect in accordance with their terms and conditions.

FOOTNOTE(S):(7) State Law reference— Franchises, MCL 117.4c, 117.4f, 117.5(i). (Back)

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER XIV. - GENERAL PROVISIONS REGARDING OFFICERS AND EMPLOYEES OF THE CITY >>

CHAPTER XIV. - GENERAL PROVISIONS REGARDING OFFICERS AND EMPLOYEES OF THE CITY

Section 14.1. - Eligibility for office and employment in city.Section 14.2. - Vacancies in elective office.Section 14.3. - Vacancies in boards, committees and commissions.Section 14.4. - Removal from office.Sec. 14.5. - Resignations.Section 14.6. - Filling vacancies in appointive offices.Section 14.7. - Filling vacancies in elective offices.Section 14.8. - Change in term of office.Section 14.9. - Oath of office and bond.Section 14.10. - Surety bonds.Section 14.11. - Delivery of office.Section 14.12. - Pecuniary interest prohibited.Section 14.13. - Compensation of officers and employees.Section 14.14. - Employee benefits.Section 14.15. - Merit system.

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Section 14.16. - Antinepotism.

Section 14.1. - Eligibility for office and employment in city.

Each person who holds an elective office of the city shall have been a resident of the city, or an area annexed to the city, for at least one year prior to the last date for filing nominating petitions for such office or prior to the day of appointment to fill a vacancy, and shall be a registered elector on such day. No person shall be eligible for any elective or appointive city office who is in default to the city. The holding of office by any person who is in default shall create a vacancy unless the default is eliminated within thirty days after written notice is mailed by the clerk upon the direction of the commission or unless the officer in good faith contests liability for the default in a tribunal of competent jurisdiction.

State law reference— city not to give official position to person in default to city, MCL 117.5(f).

Section 14.2. - Vacancies in elective office.

Any elective office shall be declared vacant by the commission upon the occurrence of any of the following events before the expiration of the term of that office:

For any reason specified by law as creating a vacancy in office.If no person is elected to, or qualified for, the office at an election at which such office is to be filled.If the officer resigns.If the officer is found guilty by a court of competent jurisdiction of a violation of this Charter.If the officer ceases to have the qualifications for eligibility for the office required by law.In the case of commissioners, if the officer misses four consecutive regular meetings of the commission, unless such absences are excused by the commission and the reason for the absences entered in the proceedings of the commission at the time of each absence. If the officer is removed from office in accordance with section 14.4

Section 14.3. - Vacancies in boards, committees and commissions.

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

For any reason specified by law as creating a vacancy in office.If the officer is found guilty of any act constituting misconduct in office or another violation of this Charter.If the officer resigns.If the officer misses four consecutive regular meetings of the board, committee or commission, unless such absences are excused by the board, committee or commission and the reason entered into the proceedings of the body at the time of each absence. If the officer is removed from office in accordance with section 14.4

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Section 14.4. - Removal from office.

The removal by the commission of elected officers or members of a city board, committee or commission appointed for definite terms shall be made for either of the following reasons:

For any reason specified by law for removal of city officers, orFor any act declared by this Charter to be misconduct in office.

Except as otherwise provided for in this Charter, removal of such officers by the commission shall be made after a hearing, notice of which has been given to the officer by the clerk at least ten days in advance, either personally or by delivering the same at the officer's residence according to the city's records. Such notice shall include a copy of the charges against the officer. The hearing shall afford an opportunity to the officer, in person or by representative, to be heard in the officer's defense, to question witnesses and to present testimony. Formal procedural and evidentiary rules shall not be required at the hearing. Failure of the officer to appear at the hearing and answer such charges may be cause for removal. A majority vote of the members of the commission, exclusive of any member whose removal is being considered, shall be required for any removal.

Sec. 14.5. - Resignations.

Resignations of elected officers or members of a city board, committee or commission shall be made in writing and submitted to the clerk or appointing officer or body.

Section 14.6. - Filling vacancies in appointive offices.

Vacancies on a city board, committee or commission shall be filled within ninety days in the manner provided for making the original appointment. In the case of members appointed for a definite term, such appointments shall be for the unexpired term.

Section 14.7. - Filling vacancies in elective offices.

If a vacancy occurs in an elected city office, the commission shall, within forty-five days after the vacancy occurs, by a majority vote of the commission, appoint a person to complete the term. If the commission does not fill a vacancy in an elected office within forty-five days after the vacancy occurs, or if the number of vacancies existing on the commission reduces the membership below a quorum, the clerk shall call a special election for the purpose of filling such vacancy or vacancies for the balance of the term(s). Candidates shall be nominated by petitions in a manner identical to that provided in section 15.8. All other provisions of this Charter not inconsistent with this section shall govern. The provisions of this section shall not apply to the filling of vacancies resulting from recall.

Section 14.8. - Change in term of office.

Except as provided in this Charter, the terms of office for elective officers and members of city boards, committees and commissions appointed for definite terms shall not be shortened. The terms of elective officers of the city shall not be extended beyond the period

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for which the officer was elected, except that an elective officer may continue to hold office until a successor is elected and qualified.

Section 14.9. - Oath of office and bond.

Every officer, elected or appointed, before entering upon the duties of office, shall take the oath of office and file the oath with the clerk, together with any bond required by law. In case of a failure to comply with the provisions of this section within ten days from the date of election or appointment, an officer will be deemed to have declined the office and the office shall become vacant unless the commission, by resolution, extends the time in which the officer may qualify.

State law reference— Required oath of office, Mich. Const. (1963) art. XI, § 1.

Section 14.10. - Surety bonds.

Except as otherwise provided in this Charter, all officers of the city whose duties involve the custody of public property or the handling of public funds, either by way of receipt or disbursement, and all other officers and employees so required by the commission shall, before they enter upon the duties of their respective positions, file an official bond with the city in such form and amount as the commission directs. The official bond of every officer and employee shall be conditioned on the faithful performance of the duties of office and the delivery to his or her successor in office, or other proper officer or agent, all records, funds and property belonging to the city or pertaining to the office. The bonds may be further conditioned as the commission determines. The official bond of every officer whose duty it may be to receive or pay out money, besides being conditioned as noted above, shall be further conditioned so that he or she will, on demand, account for or pay over to the city, or any proper officer or agent, all moneys received. The requirements of this subsection may be met by the purchase of appropriate blanket surety bonds covering all, or a group, of city employees and officers. All official bonds shall be corporate surety bonds and the premiums shall be paid by the city. The clerk shall be custodian of all bonds of officers or employees, except as otherwise provided in this Charter.

Section 14.11. - Delivery of office.

Whenever an officer or employee ceases to hold such office or employment for any reason, he or she shall, within five days or sooner on demand, deliver to his or her successor or superior all the records, funds and property in his or her custody by virtue of such office or employment.

Section 14.12. - Pecuniary interest prohibited.

Except as permitted by law, no officers, full-time employee or member of his or her family shall, directly or indirectly, be a party to a contract with the city. This section shall be interpreted and applied in accordance with Public Act No. 317 of 1968 (MCL 15.321 et seq.), as amended, and ordinances adopted by the city.

Section 14.13. - Compensation of officers and employees.

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The compensation of all officers and employees of the city whose compensation is not otherwise provided for in this Charter shall be fixed by the appointing officer or body within the limits of budget appropriations and in accordance with any plan adopted by the commission. The respective salaries and compensation of officers and employees as fixed by, or pursuant to, this Charter shall be in full for all services to the city and shall be in lieu of any fees, commissions and other compensation received by such officers or employees for those services. Such fees, commissions and compensations shall belong to the city and shall be collected and accounted for by city officers or employees, paid into the city treasury and a statement thereof filed periodically with the mayor. Nothing contained in this section shall prohibit the payment of necessary bona fide expenses actually incurred in service on behalf of the city as permitted by law.

Section 14.14. - Employee benefits.

The commission shall have authority to make available to the officers and employees of the city any recognized standard plan of group life, medical, disability or accident insurance either independently of, or as a supplement to, any retirement plan provided for officers and employees.

Section 14.15. - Merit system.

The commission may provide for a merit system for city employees as permitted by law.

State law reference— Firefighter and police civil service system, MCL 38.501 et seq.

Section 14.16. - Antinepotism.

Unless the commission shall determine, by majority vote of all members, that the best interests of the city will be served, the following relatives of elected or appointed officers are disqualified from holding any appointed office or employment during the term of the elected or appointed officer: spouse, child, parent, grandchild, grandparent, brother, sister, half-brother, half-sister or the spouses of any of them. All relationships shall include those arising from adoption. This section shall not disqualify relatives or their spouses who are bona fide appointed officers or employees of the city at the time of the election or appointment of said officials.

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER XV - ELECTIONS >>

CHAPTER XV - ELECTIONS [8]

Section 15.1. - Qualifications.Section 15.2. - Election procedure.Section 15.3. - Elective officers and terms of office.Section 15.4. - Primary elections.Section 15.5. - General city elections.Section 15.6. - Special elections.Section 15.7. - Notice of elections.

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Section 15.8. - Nominations.Section 15.9. - Form of petition.Section 15.10. - Approval of petition.Section 15.11. - Candidate to run for only one office.Section 15.12. - City offices; withdrawal of proposed candidate, time.Section 15.13. - Public inspection of petitions.Section 15.14. - Election commission.Section 15.15. - Form of ballot.Section 15.16. - Canvass of votes.Section 15.17. - Tie vote.Section 15.18. - Recount.

Section 15.1. - Qualifications.

City residents qualified as electors in the State of Michigan are qualified electors in the city.

State law reference— Qualifications of electors, MCL 168.492.

Section 15.2. - Election procedure.

The election of any city officer shall be on a nonpartisan basis. State election statutes shall apply to and control, to the extent possible, all procedures relating to registration and city elections, except as otherwise provided in this Charter.

Section 15.3. - Elective officers and terms of office.

The elected officials of the city shall be a mayor, clerk, treasurer, two commissioners at large and two commissioners from each ward. The commissioners representing wards shall live in the wards they represent and be nominated and elected from their respective wards. At each general city election there shall be elected one commissioner at large for a term of four years and one commissioner from each ward for a term of four years. Beginning with the general city election in November 1997, a mayor, clerk and treasurer shall be elected at large for four-year terms at alternate general city elections.

All terms of office of elected officials shall commence at 7:30 p.m. on the Monday following the election at which they are elected.

State law reference— Mandatory that charter provide for certain elected officials, MCL 117.3(a).

Section 15.4. - Primary elections.

Primary elections shall be held on the first Tuesday following the second Monday in September in each year in which a general city election is to be held. If, at the close of time for filing nominating petitions, the clerk finds that valid petitions have been filed by no more than two candidates for each of the respective offices, then no primary shall be held for such offices. The two candidates who receive the highest number of votes at a primary election shall be declared the nominees for election to the respective office for which they are candidates. The names of such candidates, together with the names of candidates who

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filed valid nominating petitions for any office for which no primary election was held, shall be certified by the clerk as nominees for the next general city election. If any candidate receives more than half the total number of votes cast for an office in the primary election, that candidate shall be declared elected and the clerk shall give notice of this fact.

Section 15.5. - General city elections.

A general city election shall be held the first Tuesday following the first Monday in November in each odd-numbered year.

Section 15.6. - Special elections.

Special city elections shall be held when called by resolution of the commission at least ninety days in advance of such election, when required by this Charter or as otherwise permitted by law. Any resolution calling a special election shall state the purpose of the election.

Section 15.7. - Notice of elections.

Notice of the time and place of holding any city election, of the officers to be nominated or elected and the questions to be voted upon shall be given by the clerk in the manner and time provided by law.

State law reference— Notice of elections, MCL 168.653a.

Section 15.8. - Nominations.

The method of nomination for all candidates for city elections shall be by petition. Petitions for each candidate shall be signed by at least 40 registered electors of the city. No person shall sign his or her name to a greater number of petitions for any one office than there are persons to be elected to that office at the following general city election. Where the signature of any individual appears on more petitions than he or she is permitted to sign, the signatures bearing the most recent date shall be invalidated. Nominating petitions shall be filed with the clerk. The clerk shall publish notice of the last day permitted for filing nominating petitions and of the number of persons to be elected to each office in the manner and time provided by law.

State law reference— Nominating petitions, MCL 168.322.

Section 15.9. - Form of petition.

The form of petition shall be substantially as that required by law for the nomination of nonpartisan officers. The clerk shall maintain and provide a supply of petition forms.

State law reference— Form of petitions, MCL 168.544a, 168.544c.

Section 15.10. - Approval of petition.

The clerk shall accept only nominating petitions which conform with the forms maintained by the city and which, considered together, contain the required number of

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valid signatures for candidates having those qualifications required by this Charter for the respective elective city offices. When a petition is filed by persons other than the person whose name appears as the candidate, it shall only be accepted if accompanied by the written consent of the candidate. The clerk shall notify, in writing, any candidate whose petition does not meet Charter requirements. A failure to so notify any candidate shall not preclude a final determination that the petition does not meet these requirements. Within three days after the last date for filing petitions, the clerk shall determine the sufficiency and propriety of each nominating petition and whether or not the candidate has the qualifications required for the respective elective city office and shall write his or her determinations on the face of the petition and notify, in writing, the candidate of his or her determination. The names of candidates for the respective elective city offices who file sufficient and proper nominating petitions shall be certified by the clerk to be placed upon the ballot for the primary election.

State law reference— Certification of nominating petitions, MCL 168.552.

Section 15.11. - Candidate to run for only one office.

The clerk shall not accept nominating petitions for the election of any candidate for more than one office. However, if a candidate withdraws petitions for any elective office within the time provided for in this Charter, the candidate may thereafter file petitions for another office within the original time for filing nominating petitions.

Section 15.12. - City offices; withdrawal of proposed candidate, time.

After the filing of a nominating petition for city office, a candidate shall not be permitted to withdraw unless a written notice of withdrawal is served on the clerk, not later than 4:00 p.m. of the third business day after the last day for filing petitions.

State law reference— Withdrawal of nominations, MCL 168.322a.

Section 15.13. - Public inspection of petitions.

All nominating petitions filed with the clerk shall be open to public inspection during regular business hours.

Section 15.14. - Election commission.

The commission shall maintain an election commission consisting of the city clerk and two qualified and registered electors of the city who shall be appointed by the commission. The members shall serve without compensation. The election commission shall appoint the board of election inspectors for each precinct and have charge of all activities and duties required of it by law relating to the conduct of elections. The compensation of election personnel shall be determined in advance by the commission. In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed.

State law reference— Duties of election commission generally, MCL 168.719.

Section 15.15. - Form of ballot.

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The form, printing and numbering of ballots and the preparation of voting equipment shall conform to applicable law. In all city elections, the names of qualified candidates shall be listed under a separate heading for each office and rotated systematically in the manner provided by law. If two or more candidates or nominees for the same office have the same or similar surnames, the election commission shall print the residence address under the respective names of each candidate. A candidate who presently occupies such office shall be designated as "incumbent." Except as provided in this section, there shall be no supplementary identification of candidates or nominees on the ballot.

Section 15.16. - Canvass of votes.

The county board of canvassers shall perform the functions and duties of boards of canvassers.

Section 15.17. - Tie vote.

If, at any city election, two or more persons receive an equal number of votes, then the election shall be determined by lot.

Section 15.18. - Recount.

A recount of votes cast at any city election for any office or upon any proposition may be conducted as permitted by law.

State law reference— Recounts, MCL 168.861 et seq.

FOOTNOTE(S):(8) State Law reference— Elections generally, MCL 168.1 et seq. (Back)

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHAPTER XVI. - SCHEDULE >>

CHAPTER XVI. - SCHEDULE

Section 16.1. - Status of schedule chapter.Section 16.2. - Adoption of Charter.Section 16.3. - Effective date.Section 16.4. - Form of ballot.Section 16.5. - Canvassed by County.Section 16.6. - Continuation of Office and Employment.Section 16.7. - Status of Specific Officers.

Section 16.1. - Status of schedule chapter.

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The purpose of this chapter is to provide for the orderly transition of city government from the existing Charter to this Charter. The provisions of this chapter shall constitute a part of this Charter only to the extent, and for the time, required to accomplish this transition.

Section 16.2. - Adoption of Charter.

This Charter and any separate propositions shall be submitted to a vote of the registered electors of the City of Kentwood, Michigan, at a primary and special election to be held on September 12, 1995.

Section 16.3. - Effective date.

If, at such election, a majority of electors vote in favor of this Charter, it shall be become effective on January 1, 1996, except as provided in section 16.7.

Section 16.4. - Form of ballot.

The form for the submission of this Charter to the electors shall appear on the ballots as follows:

Instructions to voters—To vote in favor of a proposal, connect the arrow to the right of the word "yes." To vote against a proposal, connect the arrow to the right of the word "no." To vote on the alternate proposals, connect the arrow to the right of the small "a" or small "b."

PROPOSAL

Shall the charter prepared by the Kentwood Charter Commission, together with the alternate proposal approved by the voters, be adopted?

Yes _____ No _____

ALTERNATE PROPOSALS

If the new charter is adopted, shall it provide for (choose only one): (a) a clerk and treasurer appointed by the Mayor subject to confirmation by the Commission; or (b) a clerk and treasurer elected at large.

(a) _____ (b) _____

Section 16.5. - Canvassed by County.

The Board of Canvassers shall meet no later than the second day following the election to canvass the votes cast at the election.

Section 16.6. - Continuation of Office and Employment.

The adoption of this Charter shall not affect the status or term of any city employee or officer serving at the time of adoption.

Section 16.7. - Status of Specific Officers.

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Section this Charter

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Elected officers serving when this Charter becomes effective shall continue in their respective offices until the term to which they were elected or appointed ends.

Kentwood, Michigan, Code of Ordinances >> PART 1 - CHARTER >> CHARTER COMPARATIVE TABLE >>

CHARTER COMPARATIVE TABLE

This table shows the location of amendments to the Charter.

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Kentwood, Michigan, Code of Ordinances >> PART 1 ...The chapter, section and subsection headings...

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Transcript of Kentwood, Michigan, Code of Ordinances >> PART 1 ...The chapter, section and subsection headings...