print.aspx?clientID=12810&HTMRequemanagement and control of municipal property and in the administration of the municipal government, MCL 117.4j(3), MSA 5.2083(3). Sec. 2.2. - Intergovernmental

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >>

PART I - CHARTER [1]

PREAMBLECHAPTER I. - BOUNDARIESCHAPTER II. - GENERAL MUNICIPAL POWERSCHAPTER III. - ELECTIONSCHAPTER IV. - ELECTIVE CITY OFFICERS; CITY COUNCILCHAPTER V. - LEGISLATIONCHAPTER VI. - INITIATIVE AND REFERENDUMCHAPTER VII. - ADMINISTRATIVE SERVICESCHAPTER VIII. - GENERAL FINANCECHAPTER IX. - TAXATIONCHAPTER X. - BORROWING AUTHORITYCHAPTER XI. - SPECIAL ASSESSMENTCHAPTER XII. - UTILITIESCHAPTER XIII. - FRANCHISES, CONTRACTS AND PERMITSCHAPTER XIV. - MUNICIPAL RIGHTS AND LIABILITIESCHAPTER XV. - GENERAL PROVISIONS AND DEFINITIONSCHAPTER XVI. - SCHEDULERESOLUTION OF ADOPTION

FOOTNOTE(S):(1) Editor's note— Printed herein is the Charter of the City of Iron Mountain, as adopted by the electorate on October 22, 1985, and effective on March 3, 1986. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. 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)(1) State Law reference— Home rule cities, generally, MCL 117.1 et seq., MSA 5.2071 et seq.; power to adopt and amend Charter, Mich. Const. 1963, art. VII, § 22. (Back)

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> PREAMBLE >>

PREAMBLE

We, the people of the City of Iron Mountain, in order to perfect a city government which shall ensure economical and efficient administration of city affairs, provide for the security of persons and property, promote the welfare and the happiness of its people, conserve and utilize public resources, encourage cooperation among cities of the State, and preserve by the proper use thereof, the privilege of local self-government subject to the Constitution and the laws of the state, do ordain and establish this Charter for the City of Iron Mountain, County of Dickinson, State of Michigan.

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Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER I. - BOUNDARIES >>

CHAPTER I. - BOUNDARIES

Sec. 1.1. - Corporate; generally.Sec. 1.2. - Wards.Sec. 1.3. - Map; description.

Sec. 1.1. - Corporate; generally.

The body corporate of the City of Iron Mountain shall include all territory constituting the City of Iron Mountain on the effective date of this Charter [March 3, 1986], together with all territories that may be annexed thereto and less any detachments therefrom that may be made in a manner prescribed by law.

Sec. 1.2. - Wards.

The City of Iron Mountain shall consist of three (3) wards, which shall remain so unless changed by Charter amendment. The boundaries of said wards are described as part of the transitional document of this commission and which shall remain in effect until such time as they may be changed by the action of the city clerk and the council in a manner prescribed by law.

Sec. 1.3. - Map; description.

The Clerk of the City of Iron Mountain shall maintain in his/her office for public inspection, a map of and a description of the boundaries of the city and each and every city ward.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER II. - GENERAL MUNICIPAL POWERS >>

CHAPTER II. - GENERAL MUNICIPAL POWERS

Sec. 2.1. - Enumeration under state law and constitution not exclusive.Sec. 2.2. - Intergovernmental relations.Sec. 2.3. - Exercise of power.

Sec. 2.1. - Enumeration under state law and constitution not exclusive.

The City of Iron Mountain, as its limits now are or hereafter may be established, shall continue to be a body politic and corporate, and shall have all powers possible for a city to have under the constitution and laws of the State of Michigan as fully and completely as though they were specifically enumerated in this Charter. In no case shall any enumeration of particular powers or immunities in this Charter be held to be exclusive.



State law reference— Permissible that Charter provide that the city may exercise all municipal powers in the management and control of municipal property and in the administration of the municipal government, MCL 117.4j(3), MSA 5.2083(3).

Sec. 2.2. - Intergovernmental relations.

The City of Iron Mountain may join with any municipal corporation or with any agency of government, whether local, state or federal, or with any number of or combination of, by contract or otherwise as may be permitted by law, in the ownership, operation, or performance of, jointly or by one or more in behalf of all, of any property, facility, or service which each would have the power to own, operate, or perform separately.

State law reference— Authority to enter into intergovernmental contracts, MCL 124.1 et seq., MSA 5.4081 et seq.

Sec. 2.3. - Exercise of power.

Where no procedure is set forth in this Charter for the exercise of any power granted to or possessed by the city and its officers, resort may be had to any procedure set forth in any statute of the State of Michigan which was passed for the government of cities, or in any other statute of the State of Michigan. If alternate procedures are to be found in different statutes, then the council shall select that procedure which it deems to be most expeditious and to the best advantage of the city and its inhabitants. Where no procedure for the exercise of any power of the city is set forth, either in this Charter or in any statute of the State of Michigan, the council shall prescribe by ordinance a reasonable procedure for the exercise thereof.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER III. - ELECTIONS >>

CHAPTER III. - ELECTIONS

Sec. 3.1. - Qualifications of electors.Sec. 3.2. - Election procedure.Sec. 3.3. - Precincts.Sec. 3.4. - Election commission.Sec. 3.5. - Conduct of elections.Sec. 3.5.[1.] - Regular elections.Sec. 3.6. - Special elections.Sec. 3.7. - Elective officers and terms of office.Sec. 3.8. - Nominations procedure.Sec. 3.9. - Approval of petitions.Sec. 3.10. - Form of ballot.Sec. 3.11. - Canvass of votes.Sec. 3.12. - Tie vote.Sec. 3.13. - Recount.Sec. 3.14. - Recall.

Sec. 3.1. - Qualifications of electors.



The residents of the city having the qualifications of electors in the State of Michigan shall be eligible to vote in the city.

Sec. 3.2. - Election procedure.

The general election laws shall apply to and control all procedures relating to city elections, including qualification of electors, establishment of precincts, verification of petitions, registration of voters, and voting hours. The clerk shall give public notice of each city election in the same manner as is required by law for the giving of public notice of general elections in the state.

State law reference— Michigan election laws, MCL 168.1 et seq., MSA 6.1001 et seq.

Sec. 3.3. - Precincts.

The Council and City Clerk shall establish and alter the election precincts of the city in accordance with the procedure prescribed by statutes.

State law reference— Election precincts, MCL 168.654 et seq., MSA 6.1654 et seq.

Sec. 3.4. - Election commission.

An election commission is hereby created. The commission shall consist of the City Clerk, Assessor, and City Attorney. The Clerk shall be chairperson. The commission shall have charge

of all activities and exercise all duties required of it by state law and this Charter relating to the administration of elections in the city. The commission shall establish rules and regulations, not inconsistent with state statutes and/or this Charter, for the most efficient administration of city elections. The commission shall establish, and recommend for Council approval, the compensation of election personnel. State law reference— Board of city election commissioners, MCL 168.25, MSA 6.1025.

Sec. 3.5. - Conduct of elections.

Except as otherwise provided by this Charter, the provisions of the general election laws of the State of Michigan shall apply to elections held under this Charter. All elections provided for by the Charter shall be conducted by the election commission established by law. For the conduct of city elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the council shall adopt by ordinance all regulations which it considers desirable, consistent with law and this Charter, and the election commission may adopt, and if they adopt shall publicize, further regulations consistent with law and this Charter and the regulations of the council.

Sec. 3.5.[1.] - Regular elections.

A regular city election shall be held on the first Tuesday following the first Monday in November each year or on the same date as state and federal elections are held, should such date be changed.

Sec. 3.6. - Special elections.



Special city elections shall be held when called by resolution of the City Council at least sixty (60) days in advance of such election, or when required by law. Any resolution calling a special city election shall set forth the purpose of such election.

State law reference— Special election approval, MCL 168.631, 168.639, MSA 6.1631, 6.1639.

Sec. 3.7. - Elective officers and terms of office.

There shall be a city council of seven (7) members; four (4) shall be elected by the qualified voters of the city at large, and one (1) shall be elected by the qualified voters of each of the three (3) wards. Beginning with the general election commencing in the year 2001, the four (4) councilmen elected at large shall serve for a period of two (2) years beginning the first day of January following their election. The three (3) councilmen elected from each of the three (3) wards shall serve for a period of four (4) years, beginning the first day of January following their election. Thereafter, all councilmen shall be elected to four (4) year, staggered terms, beginning the first day of January following their election.

(Am'd. by electors, November 7, 2000)

Sec. 3.8. - Nominations procedure.

The candidates for elective office shall be nominated by petitions, the blanks for which shall be furnished by the Clerk. The candidate may use his own petition blanks, providing they conform substantially with state statutes. Each such petition shall be signed by not less than twenty-five (25) for ward candidacy and not less than fifty (50) for at-large candidacy. Petitions shall contain only signatures of registered electors of the city. Nominating petitions shall be filed at the clerk's office by 4:00 p.m. on the ninth Tuesday preceding the August primary election, which will be held on the first Tuesday following the first Monday in August.

Each elector signing shall add his residential street and number and the date of signature. No electors shall sign petitions for more candidates for any office than the number to be elected to such office, and should he do so, the signatures bearing the most recent date shall be invalidated, and if he should sign more than one on the same date, neither shall be validated. No petition shall be left for signatures in any public place unless accompanied by the circulator of the petition. When a petition is filed by persons other than the person whose name appears thereon as a candidate, it may be accepted only when accompanied by the written consent of the candidate.

State law reference— Mandatory that Charter provide for nominations of elective officers, MCL 117.3(b), MSA 5.2073(b).

Sec. 3.9. - Approval of petitions.

The Clerk shall accept only nomination petitions which conform substantially with the forms provided by him and which contain the required number of valid signatures for candidates having those qualifications required for the respective elective city offices as set forth in this Charter. The Clerk shall forthwith after the filing of the petitions notify in writing any candidates whose petition is then known not to meet the requirement of this section, but the failure to so notify any candidate shall in no way prevent a final determination that the petition does not meet such requirements.



Withdrawal of a candidate's name from consideration on the ballot must be made in writing and in conformance with the time allowed by statute.

Sec. 3.10. - Form of ballot.

The ballots for all elections under this Charter shall conform to the printing and numbering of ballots as required by statute, except that no party designation or emblem shall appear on any city ballot.

State law reference— Arrangement of ballot, MCL 168.706, MSA 6.1706.

Sec. 3.11. - Canvass of votes.

The Board of Canvassers designated by statute as being permitted to cities for canvass of votes on candidates and issues shall canvass the votes of all city elections in accordance with statute.

State law reference— Canvass of returns, MCL 168.323, MSA 6.1323.

Sec. 3.12. - Tie vote.

If in any city election there shall be no choice between candidates by reason of two (2) or more candidates having received an equal number of votes, then the determination of the election of such candidate by lot will be as provided by state statute.

State law reference— Determination of election by lot, MCL 168.851, 168.852, MSA 6.1851, 6.1852.

Sec. 3.13. - Recount.

A recount of the votes cast at any city election for any office, or upon any proposition, may be had in accordance with the general election laws of the state.

State law reference— Recounts, MCL 168.861 et seq., MSA 6.1861 et seq.

Sec. 3.14. - Recall.

Any elective official may be removed from office by the electors of the city in the manner provided by the general laws of the state. A vacancy created by the recall of any elective official shall be filled in the manner prescribed by state law.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER IV. - ELECTIVE CITY OFFICERS; CITY COUNCIL >>

CHAPTER IV. - ELECTIVE CITY OFFICERS; CITY COUNCIL

Sec. 4.1. - Elective officers.Sec. 4.2. - Qualifications.Sec. 4.3. - Reserved.Sec. 4.4. - Notice of election.Sec. 4.5. - Oath of office.



Sec. 4.6. - Surety bonds.Sec. 4.7. - Vacancy defined.Sec. 4.8. - Vacancies.Sec. 4.9. - Prohibitions.Sec. 4.10. - Compensation for councilmen.Sec. 4.11. - Judge qualifications of members.Sec. 4.12. - Organization of the council; mayor and mayor pro tem.Sec. 4.13. - Regular meetings of the council.Sec. 4.14. - Special meetings.Sec. 4.15. - Business at special meetings.Sec. 4.16. - Meetings to be public.Sec. 4.17. - Quorum and vote required.Sec. 4.18. - Rules of order.Sec. 4.19. - Investigations.Sec. 4.20. - Printing of council proceedings.Sec. 4.21. - Depository of city funds.Sec. 4.22. - Licenses.Sec. 4.23. - Rights as to property.Sec. 4.24. - Trusts.Sec. 4.25. - Traffic violations bureau.Sec. 4.26. - Advisory committees or boards.Sec. 4.27. - Further functions and duties of the council.

Sec. 4.1. - Elective officers.

The legislative power of the city, except as reserved by this Charter, shall be vested in a council consisting of seven (7) councilmen with four (4) being elected at large from the City and three (3) being elected from wards - one (1) from each of the three (3) wards. The Council shall have the power and authority to adopt such ordinances and resolutions as it shall deem proper in the exercise of its powers.

State law reference— Mandatory that Charter provide for body vested with legislative power, MCL 117.3(a), MSA 5.2073(a).

Sec. 4.2. - Qualifications.

Each elective city official must be a duly registered elector in the city, and shall have been a resident of the city for six (6) months immediately prior to the election at which he is a candidate for office.

Sec. 4.3. - Reserved.Editor's note— An amendment passed November 7, 2000, repealed § 4.3 which pertained to term of office

and derived from the original Charter, adopted Oct. 22, 1985.

Sec. 4.4. - Notice of election.

Notice of the election of any officer of the city shall be given him by the Clerk, in writing, within seven (7) days after the canvass of the vote by which he was elected. If within ten (10)



(a)

(b)

(a)

days from the date of notice, such officer shall not take, subscribe, and file with the Clerk his oath of office, such neglect shall be deemed a refusal to serve and the office shall thereupon be deemed vacant, unless the council shall, for good cause, extend the time in which such officer may qualify as above set forth.

Sec. 4.5. - Oath of office.

Each elective or appointive officer of the city, before entering upon the duties of this office and within the time specified in this Charter, shall take and subscribe to the oath of office prescribed by the state constitution, which shall be filed and kept in the office of the Clerk.

Sec. 4.6. - Surety bonds.

Any city officer may be required to give a bond to be approved by the Council for the faithful performance of the duties of his office in such sum as the Council shall determine, but all officers receiving or disbursing city funds shall be bonded. All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the city. All official bonds shall be filed with the Clerk/Treasurer, except that of the Clerk/Treasurer, which shall be filed with the Chief Accounting Officer or other officer designated by the Council.

Sec. 4.7. - Vacancy defined.

Except as otherwise provided in this Charter, a vacancy shall be deemed to exist in any elective office on the day when the officer dies, files his resignation with the City Clerk, is removed from office, moves from the City, is convicted of a felony, or of misconduct in office under the Charter, is judicially declared to be mentally incompetent, or is absent from three (3) consecutive regular meetings of the Council, unless excused by the Council for cause to be stated in the record of the Council proceedings. If at any time the membership of the Council is reduced to less than four (4), the remaining members may, by majority action, appoint additional members to raise the membership to four (4). Vacancies which occur shall be advertised and applicants shall apply in writing to the City Clerk.

Sec. 4.8. - Vacancies.

Except as otherwise provided in this Charter, any vacancy occurring in any elective office shall be filled, by the concurring vote of at least four (4) members of the Council, within thirty (30) days after such vacancy shall have occurred. The person appointed by the Council shall serve until the next general city election. If a vacancy occurs in any appointive office, it shall be filled in the manner provided for making the original appointment. In the case of members of boards and commissions appointed for a definite term, such appointments shall be for the unexpired term.

Sec. 4.9. - Prohibitions.

No Councilman may hold any other city office or city employment while actively fulfilling the term for which he was elected to the Council, and no former Councilman or mayor shall hold any compensated, appointive city office until one (1) year after the expiration of the term for which he was elected to the Council or to office; it is the intent of this provision that no former Councilman or mayor shall be appointed as City Manager, City Clerk/Treasurer, Chief Accounting Officer, City Assessor, or any other appointive city



(b)

(c)

(d)

(e)

(f)

(a)

(b)

administrative office until one (1) year after the term to which he was elected has expired. The terms of this provision shall not apply to appointed city boards or commissions. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the Manager or any of his subordinates are empowered to appoint, but the Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees. Except for the purpose of inquiries and investigations, the Council or its members shall deal with city officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. No incumbent elective city officers shall become a candidate for any elective city office, except to succeed himself, without first resigning from his then incumbent elective city office. Provided, that the provisions hereof shall not apply to any incumbent elective city officer whose term of office will expire with the election at which he is to be a candidate for another elective city office. No appointive city officer or employee shall seek an elective office of the city unless he resigns from his position with the city. No member of the Council or of any board or commission of the city shall vote on any issue or matter in which he or a member of his family shall have a proprietary or financial interest or as the result of which he may receive or gain a financial benefit. If a question is raised under this section at any Council, board or commission meetings, such specific question shall be resolved before the main question shall be voted on, but the Council, board or commission member concerning whom the question was raised shall not vote on such determination. Unless the Council shall be an affirmative vote of seven (7) members, which vote shall be recorded as part of the official proceedings, determine that the best interests of the city shall be served, the following relatives of any elective or appointive office are disqualified from holding any appointive office or city employment during the term for which said elective or appointive officer was elected or appointed: Spouse, child, parent, grandchild, grandparent, brother, sister, half-sister, or the spouse of any of them. All relationships shall include those arising from adoption. This section shall in no way disqualify such relatives or their spouses who are appointive officers of employees of the city at the time of the election or appointment of said official or employed by the city at the time of adoption of this Charter.

Sec. 4.10. - Compensation for councilmen.

The Councilmen shall receive ten dollars ($10.00) per meeting up to a maximum of five hundred ($500.00) dollars in total remuneration per year. The mayor shall receive an additional one hundred twenty-five ($125.00) dollars per year. Such compensation shall be paid quarterly, or more often as the Council directs, and shall be the only compensation which may be paid Councilmen for the discharge of any official duties as a Councilman for or on behalf of the city during their tenure in office, except that they may be reimbursed for necessary expenses actually incurred by them on city business. Such reimbursement must be approved by Council. The Council may establish and provide in advance, a per diem rate to meet basic expenses. Whenever timely, requests for travel should be submitted for Council approval in advance. Provisions of this section shall not be subject to review by a compensation commission.



Sec. 4.11. - Judge qualifications of members.

The Council shall be the judge of the election and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evidence. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one (1) or more newspapers for general circulation in the City at least one (1) week in advance of the hearing. Decisions made by the Council under this section shall be subject to review by the courts.

Sec. 4.12. - Organization of the council; mayor and mayor pro tem.

The Council at its first meeting following each regular city election shall elect one (1) of its members as mayor and one (1) mayor pro tem by an affirmative vote of a majority of its members, and who shall serve for two (2) years or until their successors are elected. The mayor shall preside at all meetings of the Council, shall speak and vote at such meetings as any other Council member, shall be recognized as head of the city government for all ceremonial purposes and for purposes of military law, but shall have no administrative duties. The mayor pro tem shall act as mayor during the absence or disability of the mayor.

State law reference— Mandatory that Charter provide for election of mayor, MCL 117.3(a), MSA 5.2073(a).

Sec. 4.13. - Regular meetings of the council.

Regular meetings of the Council shall be held on the first and third Mondays of each calendar month at the usual place of holding meetings of the Council. If any time set by resolution of the Council for the holding of a regular meeting of the Council shall be a holiday, then such regular meeting shall be held on the next following secular day which is not a holiday or on such other day as may be set by the Council.

Sec. 4.14. - Special meetings.

Special meetings of the Council may be called by the clerk on the written request of the mayor or any two (2) members of the Council or the City Manager upon eighteen (18) hours' written notice to each member of the Council. The written notice shall designate the purpose of such meeting.

Sec. 4.15. - Business at special meetings.

No business shall be transacted at any special meeting of the Council unless the same has been stated in the notice of such meeting.

Sec. 4.16. - Meetings to be public.

All regular and special meetings of the Council shall be open to the public and the rules of order of the Council shall provide that the citizens shall have a reasonable opportunity to be heard at any such meeting on matters within the jurisdiction of the Council.

Sec. 4.17. - Quorum and vote required.



Four (4) members of the Council shall be a quorum for the transaction of business, but in the absence of a quorum, two (2) or more members may adjourn any regular or special meeting to a later date. Except as otherwise provided in this Charter, no ordinance or resolution shall be adopted or passed except by the affirmative vote of at least four (4) members of the Council.

Sec. 4.18. - Rules of order.

The Council shall determine its own rules and order of business and shall keep a written or printed journal of all its proceedings, which shall be signed by the Mayor and the Clerk. The vote upon the passage of all ordinances, and upon the adoption of all resolutions shall be taken by "Yes" and "No" votes and entered upon the record, except that where the vote is unanimous, it shall only be necessary to so state in such record. Each member of the council, who shall be recorded as present at any meeting shall be required to vote on all questions decided by the Council at such meeting, unless excused by four (4) of the members present or in any case, where the matter personally affects the member not voting. A member not excused can be considered in violation of this Charter when so determined by the Council.

Sec. 4.19. - Investigations.

The Council or its duly appointed representatives may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence to conduct formal investigation into the conduct of any department, office, or officer of the city and make investigations as to irregularities in municipal affairs. Failure to obey such subpoena or to produce books, paper, or other evidence as ordered under the provisions of this section shall constitute misconduct in office. The council shall give a reasonable time for such action.

Sec. 4.20. - Printing of council proceedings.

The minutes of the Council shall be printed and made available for public inspection within five (5) days after the passage thereof. A synopsis of such minutes, prepared by the Clerk and approved by the Mayor, showing the substance of each separate proceeding of the council shall be a sufficient compliance with the requirements of this section.

Sec. 4.21. - Depository of city funds.

The council shall select annually one (1) or more depositories in which the funds of the city shall be deposited. Additions may be made at the discretion of the Council during the year.

State law reference— Designation of depositories, MCL 129.12, MSA 3.752; deposit of public moneys, MCL 211.43b, MSA 7.86.

Sec. 4.22. - Licenses.

The Council shall by ordinance prescribe the terms and conditions upon which licenses may be granted, suspended, or revoked; and may require an exact payment of such reasonable sums for any licenses as it may deem proper.

Sec. 4.23. - Rights as to property.



The Council shall have the power to acquire for the city by purchase, gift, condemnation, lease, construction or otherwise, either within or without its corporate limits, and either within or without the County of Dickinson, private property, for any public use or purpose within the scope of its powers, whether herein specifically mentioned or not; and shall have the power to maintain and operate the same to promote the public health, safety and welfare.

Sec. 4.24. - Trusts.

The Council may, in its discretion receive and hold any property in trust for cemetery, park, or other municipal purposes. Any trust now existing for the benefit of the City of Iron Mountain shall be continued to full force and in accordance with state statutes (cy pres doctrine).

Sec. 4.25. - Traffic violations bureau.

The Council shall have the power and authority to establish by ordinance a Traffic Violations Bureau, as provided by law, for the handling of such violations of ordinances and regulations of the city, or parts thereof, as prescribed in the ordinance establishing such bureau. The creation of such a bureau shall not operate as to deprive any person of a full and impartial hearing in court, should a person so choose.

Sec. 4.26. - Advisory committees or boards.

The mayor, with the advice and consent of the City Council may, from time to time, appoint such committees or boards, not to include Councilmen, as are deemed appropriate to advise and consult with them, and with appropriate departments, regarding any municipal activity. Such committees or boards shall be advisory, serve temporarily and without compensation unless otherwise provided by the city council.

Sec. 4.27. - Further functions and duties of the council.

The Council shall determine all matters of policy of the city and adopt ordinances and necessary rules and regulations to make the same effective. Further the Council shall, subject to the limitations of the law, raise revenues and make appropriations for the operation of the City Government, provide for the public peace and health and safety of persons and property.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER V. - LEGISLATION >>

CHAPTER V. - LEGISLATION

Sec. 5.1. - Prior legislation.Sec. 5.2. - Action requiring an ordinance.Sec. 5.3. - Ordinances in general.Sec. 5.4. - Emergency ordinances.Sec. 5.5. - Codes of technical regulations.Sec. 5.6. - Authentication and recording; codification; printing.



(1)

(2)

(3)

(4)(5)(6)(7)(8)

(9)

(a)

(b)

Sec. 5.1. - Prior legislation.

All valid ordinances, resolutions, rules and regulations of the City of Iron Mountain which are not inconsistent with this Charter and which are in force and in effect on the effective date of this Charter [March 3, 1986] shall continue in full force and effect. Those provisions of any effective, valid ordinance, resolution, rule or regulation which are inconsistent with this Charter are hereby repealed.

Sec. 5.2. - Action requiring an ordinance.

In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the City Council shall be by ordinance which:

Adopt or amend an administrative code or establish, alter or abolish any city department, office or agency;Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;Levy taxes, except as otherwise provided in chapter VIII [of this Charter], with respect to the property tax levied by adoption of the budget; Grant, renew or extend a franchise;Regulate the rate charged for its services by a public utility;Authorize the borrowing of money;Convey or lease or authorize the conveyance or lease of any lands of the city;Adopt with or without amendment ordinances proposed under the initiative power; andAmend or repeal any ordinance previously adopted, except as otherwise provided in chapter VI [of this Charter] with respect to repeal of ordinances reconsidered under the referendum power.

Acts other than those referred to in this section may be done either by ordinance or by resolution.

Sec. 5.3. - Ordinances in general.

Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Iron Mountain hereby ordains…." Any ordinance which repeals or amends an existing ordinance or part of the city Code shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics. Procedure. An ordinance may be introduced by any member at any regular or special meeting of the Council. Upon introduction of any ordinance, the City Clerk shall distribute a copy to each Councilmember and to the Manager, shall file a reasonable number of copies in the office of the City Clerk and such other public places as the Council may designate, and shall publish the ordinance together with a notice setting out the time and place for a public hearing thereon and for its consideration by the Council. The public hearing shall follow the publication by at least seven days, may be held separately or in connection with a regular or special Council meeting and may be adjourned from time to time; all persons interested shall have an opportunity to be



(c)

(d)

(a)

(b)

heard. After the hearing the Council may adopt the ordinance with or without amendment or reject it but, if it is amended as to any matter of substance, the Council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures hereinbefore required in the case of a newly introduced ordinance. As soon as practicable after adoption of any ordinance, the Clerk shall have it published again together with a notice of its adoption. Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of 30 days after adoption or at any later date specified therein. Publication. As used in this section, the term "publish" means to print in one or more newspapers of general circulation in the city: (1) the ordinance or a brief summary thereof, and (2) the places where copies of it have been filed and the times when they are available for public inspection.

State law reference— Mandatory that Charter provide for publication of all ordinances before they become operative, MCL 117.3(k), MSA 5.2073(k).

Sec. 5.4. - Emergency ordinances.

To meet a public emergency affecting life, health, property or the public peace, the Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, may not grant, renew or extend a franchise, may not regulate the rate charged by any public utility for its services or may not authorize the borrowing of money except as provided in chapter X [of this Charter]. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least five members shall be required for adoption. After its adoption the ordinances shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to subsection 5.4 shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

Sec. 5.5. - Codes of technical regulations.

The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that:

The requirements of section 5.3 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance; and A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the City Clerk pursuant to subsection 5.6

Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.



(a)

(b)

(c)

(a)

Sec. 5.6. - Authentication and recording; codification; printing.

Authentication and recording. The City Clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the Council. Codification. Within three years after adoption of this Charter and at least every ten years thereafter, the Council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the Council by ordinance and shall be published promptly in bound or looseleaf form, together with this Charter and any amendments thereto, pertinent provisions of the constitution and other laws of the State of Michigan, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as the Iron Mountain City Code. Copies of the code shall be furnished to city officers, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the Council. Printing of ordinances and resolutions. The Council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances, resolutions and Charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the Council. Following publication of the first Iron Mountain City Code and at all times thereafter, the ordinances, resolutions and Charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution and other laws of the State of Michigan, or the codes of technical regulations and other rules and regulations included in the code.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER VI. - INITIATIVE AND REFERENDUM >>

CHAPTER VI. - INITIATIVE AND REFERENDUM

Sec. 6.1. - General authority.Sec. 6.2. - Commencement of proceedings; petitioners' committee; affidavit.Sec. 6.3. - Petitions.Sec. 6.4. - Procedure after filing.Sec. 6.5. - Referendum petitions; suspension of effect of ordinance.Sec. 6.6. - Action on petitions.Sec. 6.7. - Results of election.

Sec. 6.1. - General authority.

Initiative. The qualified voters of the city shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not



(b)

(a)

(b)

(c)

(d)

(a)

extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees. Referendum. The qualified voters of the city shall have [the] power to require reconsideration by the Council of any adopted ordinances and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes.

Sec. 6.2. - Commencement of proceedings; petitioners' committee; affidavit.

Any five qualified voters may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be considered.

Promptly after the affidavit of the petitioners' committee is filed the Clerk shall issue the appropriate petition blanks to the petitioners' committee.

Sec. 6.3. - Petitions.

Number of signatures. Initiative and referendum petitions must be signed by qualified voters of the city equal in number to at least 15 percent of the total number of qualified voters registered to vote at the last regular city election. Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing and date of signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. Time for filing referendum petitions. Referendum petitions must be filed within 30 days after adoption by the council of the ordinance sought to be reconsidered.

Sec. 6.4. - Procedure after filing.

Certificate of clerk; amendment. Within twenty days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk within two days after receiving the copy of his certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of section 6.03 [of this section],



(b)

(c)

(1)(2)(3)(4)

(a)

(b)

(c)

and within five days after it is filed the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request council review under subsection (b) of this section within the time required, the Clerk shall promptly present his certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition. Council review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition. Court review; new petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

Sec. 6.5. - Referendum petitions; suspension of effect of ordinance.

When a referendum petition is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:

There is a final determination of insufficiency of the petition; orThe petitioners' committee withdraws the petition; orThe council repeals the ordinance; orThirty days have elapsed after a vote of the city on the ordinance.

Sec. 6.6. - Action on petitions.

Action by council. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance in the manner provided in Section 5.3 [of this Charter] or reconsider the referred ordinance by voting its repeal. If the Council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. Submission to voters. The vote of the city of a proposed or referred ordinance shall be held not less than 30 days and not later than one year from the date of the final council vote thereon. If no regular city election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least four members of the



(a)

(b)

(a)

(b)

(c)

petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.

Sec. 6.7. - Results of election.

Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER VII. - ADMINISTRATIVE SERVICES >>

CHAPTER VII. - ADMINISTRATIVE SERVICES

Sec. 7.1. - Administrative officers.Sec. 7.2. - City manager.Sec. 7.3. - Removal.Sec. 7.3.[7.3.1.] - Powers and duties.Sec. 7.4. - City clerk-treasurer.Sec. 7.5. - City assessor.Sec. 7.6. - City attorney.Sec. 7.7. - Chief financial officer.Sec. 7.8. - Additional administrative powers and duties.Sec. 7.9. - City planning.Sec. 7.10. - Zoning board of appeals.Sec. 7.11. - Civil service.

Sec. 7.1. - Administrative officers.

The administrative officers of the city shall be a City Manager, Clerk/Treasurer, Chief Accounting Officer, and City Assessor. They shall subscribe to the constitutional oath of office and be citizens of the United States. The Clerk/Treasurer, Chief Accounting Officer, and City Assessor shall be appointed by the Manager and confirmed by the Council. Their compensation shall be set by the Council upon the recommendation of the Manager. The Council may, by ordinance, create additional administrative offices; and may, by resolution, combine or in any other way alter any administrative offices in any manner it deems necessary or advisable for the proper and efficient operation of the city. In addition, the Council may, by resolution, provide administrative services or offices by contractual agreement.

Sec. 7.2. - City manager.



(a)

(b)

(d)[(c)]

(1)

(2)

(3)

(a)(b)

(c)

Appointment; qualifications; compensation. The Council shall appoint a City Manager for an indefinite term and shall fix his compensation. The City Manager shall be appointed solely on the basis of his executive and administrative qualifications. He need not be a resident of the City or State at the time of appointment; however, residency must be established within the city limits within ninety (90) days of Council appointment or upon completion of a probationary period if applicable. [Vacancy.] The Council shall appoint a City Manager within one hundred twenty (120) days after any vacancy exists in the position, or they may appoint an acting manager during the period of a vacancy in the office. Acting city manager. By letter filed with the City Clerk the Manager shall designate, subject to approval of the Council, a qualified city administrative officer to exercise the powers and perform the duties of Manager during his temporary absence or disability. During such absence or disability, the Council may revoke such designation at any time and appoint another officer of the city to serve until the Manager shall return or his disability shall cease.

Sec. 7.3. - Removal.

The Council may remove the Manager from office in accordance with the following procedures:

The Council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the Manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the Manager. Within five days after a copy of the resolution is delivered to the Manager, he may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than fifteen days nor later than thirty days after the request is filed. The Manager may file with the Council a written reply not later than five days before the hearing. The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the Manager, if he has not requested a public hearing, or at any time after the public hearing if he has requested one.

The Manager shall continue to receive his salary until the effective date of a final resolution of removal. The action of the Council in suspending or removing the Manager shall not be subject to review by any court or agency.

Sec. 7.3.[7.3.1.] - Powers and duties.

The City Manager shall be the chief administrative officer of the city. He shall be responsible to the Council for the administration of all city affairs placed in his charge by or under this Charter. He shall have the following powers and duties:

He shall have the power to suspend from employment any city employee.He shall have the power to permanently remove from employment any city employee that did not require Council confirmation to hire.



(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)(n)

(a)

(b)

(c)

He shall recommend for Council approval, the permanent removal of a city employee that required Council confirmation to hire.He shall direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this Charter or bylaw. He shall attend all Council meetings and shall have the right to take part in discussion but may not vote.He shall see that all laws, provisions of this Charter and acts of the Council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed. He shall prepare and submit the annual budget and capital program to the Council.He shall submit to the Council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year. He shall make such other reports as the Council may require concerning the operations of city departments, offices and agencies subject to his direction and supervision. He shall keep the Council fully advised as to the financial condition and future needs of the city and make such requirements to the Council concerning the affairs of the city as he deems desirable. He shall prohibit the use of city-owned properties, facilities, or services except for authorized city operations and agreements with intergovernmental agencies. (It is not the intent of this section to prohibit assistance to, or cooperation with, community oriented, nonprofit, or charitable groups, agencies, projects; however, exceptions to this section must be approved by Council.) He shall provide an annual inventory of all city-owned properties complete with description and documentation for presentation annually to the Council. He shall implement a system of purchasing by approved purchase order.He shall perform such other duties as are specified in this Charter or may be required by the Council.

Sec. 7.4. - City clerk-treasurer.

The Clerk-Treasurer shall be the clerk and clerical officer of the Council and shall keep its journal. He shall keep a record of all actions of the Council at its regular and special meetings. He shall certify all ordinances and resolutions adopted by the Council. The Clerk-Treasurer shall have the power to administer all oaths required by law and by the ordinances of the city. He shall be the custodian of the city seal, and shall affix the same to documents required to be sealed. He shall be the custodian of all papers, the treasurer's bond, documents, and records pertaining to the city, the custody of which is not otherwise provided by this chapter. He shall give the proper officials ample notice of the expiration or termination of any official bonds, franchises, contracts, or agreements to which the city is a part and he shall notify the Council of the failure of any officer or employee required to take an oath of office or furnish any bond required by law. The Clerk-Treasurer shall have the custody of all monies of the city, the clerk's bond, and all evidences of value or indebtedness belonging to or held in trust by the city. He shall keep and deposit all monies or funds in such manner and only in such places as the Council may determine, and shall report the same to the City Manager and Council.



(d)

(e)

(f)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(a)

(b)

The Clerk-Treasurer shall have such powers, duties and prerogatives in regard to the collection and custody of state, county, school district, and city taxes and monies as areprovided by law. The Clerk-Treasurer may recommend for appointment and removal his deputy or deputies subject to approval by the Manager and Council. He shall perform such other duties in connection with his office as may [be] required of him by law, the ordinances and resolutions of the Council, or by [the] City Manager.

Sec. 7.5. - City assessor.

The Assessor shall possess all the power vested in and shall be charged with the duties imposed upon assessing officers by law. He shall make and prepare all regular and special assessment rolls in the manner prescribed by law or ordinances of the city. He shall perform such other duties as may be prescribed by law or the ordinances of the city, or by the City Manager.

Sec. 7.6. - City attorney.

The City Attorney shall be appointed by the Manager and confirmed by the Council, and shall be responsible to and serve at the pleasure of the Council and have his compensation fixed by the Council. The City Attorney shall act as legal advisor of and be responsible to the Council. He shall advise the City Manager concerning legal problems affecting the city administration and any officer or department head of the city in manners relating to his official duties when so requested in writing, and shall file with the clerk a copy of all written opinions given by him. [The City Attorney shall] prosecute ordinance violations and shall represent the city in cases before the courts and other tribunals. [The City Attorney shall] prepare or review all ordinances, regulations, deeds, contracts, bonds, and such other instruments as may be required by this Charter or by the Council, and shall promptly give his opinion as to the legality thereof. [The City Attorney shall] attend all regular Council meetings, and upon request by the Council, shall attend special meetings.He shall defend all officers and employees in all actions arising out of the performance of their official duties as directed by the Council. He shall perform such other duties as may be prescribed for him by this Charter, the City Manager, or the Council.Upon the attorney's recommendation, or upon its own initiative, the Council may retain special legal counsel to handle any matter in which the city has an interest, or to assist the City Attorney.

Sec. 7.7. - Chief financial officer.

The finance officer shall be the general accountant of the city, shall keep the books of account of the assets, receipts, and expenditures of the city, and shall keep the Counciland City Manager informed as to the financial affairs of the city. The system of accounts of the city shall conform to such uniform systems as may be required by law. He shall balance all the books of account of the city at the end of each calendar month, and he shall make a report thereon, as soon as practical, to the City Manager. He shall,



(c)

(a)

(b)(1)

(2)

(3)

(4)

upon direction of the City Manager, examine and audit all books of account kept by any official or department of the city. He shall perform such other duties as may be prescribed for him by this Charter, the City Manager, or the Council.

Sec. 7.8. - Additional administrative powers and duties.

The Council shall by ordinance establish departments of city government and determine and prescribe the functions and duties of each department. In addition, the Council may combine, or in any other way alter, city departments when deemed to be in the best interests of the city. Upon recommendation of the City Manager, the Council may by ordinance prescribe additional powers and duties and diminish any powers and duties in a manner not inconsistent with this Charter to be exercised and administered by appropriate officials and departments of the city.

Sec. 7.9. - City planning.

There shall be a city planning commission consisting of five (5) members appointed by the Council for terms of three years from among the qualified voters of the city. The first appointed commission under this Charter shall consist of [two] (2) terms of one (1) year each; two (2) of two (2) years each; and one (1) term [of three] (3) years. Members of the commission shall hold no other city office. The commission [shall make] recommendations to the City Manager and the City Council on all matters affecting the physical development of the city, [and] shall be consulted on the comprehensive plan the implementation thereof. The Council shall advertise publicly for candidates for this commission. Responsibilities [of the city planning commission are as follows]:

To advise the City Manager on any matter affecting the physical development of the city;To formulate and recommend to the City Manager a comprehensive plan and modifications thereof;To review and make recommendations regarding proposed Council action implementing the comprehensive plan pursuant to section 6.04 [6.4 of this Charter]; And other responsibilities as required by law.

(Ord. of 6-6-11)

Sec. 7.10. - Zoning board of appeals.

The Council shall by ordinance establish a board of adjustment, consisting of three (3) members and three (3)-year terms. The first board established under this Charter shall consist of one (1) one-year term; one (1) two-year term; and one (1) three-year term. The Council shall provide standards and procedures for such board to hear and determine appeals from administrative decisions, petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land and such other matters as may be required by the Council or by law. The Council shall advertise publicly for candidates for this board.

Sec. 7.11. - Civil service.



(a)

(b)

a.b.c.

(c)

Application and purpose. [This section is] applicable to all employees of the city except elected or appointed administrative officers, firemen, and police officer[s]. The purpose of this section is to guarantee equal opportunity of employment by the city of all qualified citizens of the city. Employment shall be determined by a competitive examination, free of any and all discrimination. The commission. Within 60 days after the adoption of this Charter, the Council of the City of Iron Mountain shall have created a Civil Service Commission consisting of five (5) qualified citizens of Iron Mountain who shall be appointed in the following manner:

Two (2) members appointed by the City Council.Two (2) members appointed by the concerned employees of the City.One (1) member appointed by the joint action of the City Council and the employees.

One member of (a)[a.] and one member of (b)[b.] shall be appointed to serve for a period of two (2) years and the remaining members of (a)[a.] and (b)[b.] shall be appointed to serve for a period of one (1) year. The (c)[c.] member of the Commission shall be appointed to serve for a period of three (3) years. All appointments shall be for a period of three (3) years following the expiration of original appointment periods. Time of service shall commence upon the date of the appointment. The five (5) member Commission shall elect one of their members to serve as Commission President. The elected president shall serve in said capacity for a period of one (1) year. No person shall be appointed a member of the Civil Service Commission who is not a citizen of the United States and who has not been a registered voter in Iron Mountain for a minimum of one (1) year immediately preceding appointment. No Commissioner shall hold any other position with the City of Iron Mountain. In the event that any Commissioner of the Civil Service Commission shall cease to be a member thereof, by virtue of death, retirement, removal or any other cause, a new Commissioner shall be appointed to fill the unexpired term of said Commissioner within 15 days after the said Commissioner shall have ceased to be a member of the Commission. Such an appointment shall be made in the same procedure as had been followed in the original appointment. The City Manager may at any time remove any Commissioner for incompetency, dereliction of duty, malfeasance in office or any other good cause, which shall be stated in writing and made a part of the records of the Commission, provided, however, that if the City Manager finds it necessary to remove any Commissioner, such removal shall be temporary and shall be in effect for a period of ten (10) days. Within the said ten (10)-day period, the City Manager shall file in the office of the City Clerk, a statement setting forth in full, the reason for such removal and requesting confirmation by the majority of the members of the City Council, of his/her action in so removing said Commissioner. A copy of said statement in writing shall be served upon the Commissioner so removed, simultaneously with its filing with the City Clerk. The Council shall meet in regular or special session for the purpose of hearing and deciding upon the said reasons for removal. They shall confirm or deny the removal of the Commissioner. In the event that the City Manager shall fail to file his written statement of cause for removal within ten (10) days of the removal of the Commissioner, said Commissioner shall resume his position as a member of the Civil Service Commission. The City Clerk shall be "ex officio" Clerk of the Civil Service Commission and shall provide, without extra compensation, all necessary clerical and stenographic services for the Civil Service Commission.

Employment and promotion. Appointments to positions in all of the Departments of the City, which are subject to this Civil Service Section, shall be made only according to qualifications to be ascertained by competitive examinations. The City Civil Service Commission shall schedule and carry out competitive examinations for all candidates for employment by the City of Iron Mountain. Candidates who successfully pass such



examinations shall be certified on a priority listing for employment beginning with the highest competitive score and terminating with the lowest passing score. Certification shall end on the 3rd anniversary of having passed a competitive examination and any replacement of a candidate on the certified applicant listing shall be determined by a competitive reexamination. All applicants participating in competitive examination to establish certification for employment must have reached his/her 18th birthday before being so certified. Although not required for certification, a prospective employee must pass a physical examination, prior to actual employment, to verify ability to perform the job requirements. The Civil Service Commission shall make rules and regulations providing for examinations for positions in all departments subject to this section and for promotion therein. Due notice of the contents of such rules and regulations and any modification thereof shall be given by mail to appointing officers affected. Such original appointments to any position in any City department covered by this section shall be for a probationary period of six (6) months, provided, however, that at any time during the probationary period the appointee may be discharged for cause. At the close of the probationary period, if the work of the appointee has not been satisfactory to the appointing officer, the appointee shall be notified in writing that he/she will not receive permanent appointment and that his employment has been terminated. If the probationer does not receive such written notice within ten (10) days of probation period expiration, his/her status is that of having received a final appointment. Every position, unless filled by probation, reinstatement, or reduction, shall be filled in the following manner: The appointing officer shall notify the Civil Service Commission of any vacancy which he/she desires to fill and shall request certification of eligible applicants. The Commission shall forthwith certify, from the eligible list, the names of persons who received the highest average at preceding examinations held within three (3) years of such certification. The appointing officer shall therefrom, with sole reference of merit, make the appointment so certified. The term "appointing officer" as used in this section, shall mean the municipal officer in whom the power of appointment of employees to various departments is vested by this Charter. If an applicant, upon certification of qualification by the Commission, is rejected or bypassed by an employing officer, and if such applicant has reason to believe that he/she is being discriminated against, said applicant may appeal his/her nonappointment to the Civil Service Board or Commission. The Commission shall review all factors considered by the appointing officer and shall render a decision on the appointment which decision shall be final. All examinations for employment or promotion shall be practical in character and relate to the competitive capability required by the position being applied for. No questions in any form of application or in any examination shall be framed so as to elicit information concerning the political or religious opinions or affiliations of any applicant; nor shall inquiry be made concerning such opinions and affiliations. No discrimination shall be exercised, threatened, or promised by any individual in any department, against or in favor of an applicant, eligible, or employee, in any department under this section because of his/her political or religious opinions or affiliations. Vacancies in the positions in any department of the City, subject to this section, shall be filled, so far as is practical, by promotion from among persons holding positions in the next lower grade in the same department. Promotions shall be based upon merit to be ascertained by tests provided by the Civil Service Commission, and upon superior qualities of the person promoted as shown by previous service and experience. Provided, however, that no person shall be eligible for promotion until such person has served for a minimum of one (1) year within the department. A person accepting a promotion within a department shall serve a probationary period of six months duration. He/she may be



(d)

(e)

(f)

discharged for just cause during such probationary period and such discharge shall terminate any state of employment with the City of Iron Mountain. If at any time during the period of probation, or upon termination of such probationary period, the probationary promotee, in the eyes of the appointing officer, shall fail to perform the work required of him/her in an acceptable manner, the promotee shall be returned to his/her former position of employment. Notice of the return of a promotion candidate to his/her former employment should be explained to the probationary employee by the appointing officer by written statement with a copy of said statement being filed with the Civil Service Commission through the city clerk of Iron Mountain. Such a statement shall be filed by the appointing officer with the employee and Civil Service Commission within 10 days of the decision to take action. Failure on the part of the appointing officer to file such a statement shall result in final appointment of the probationary promotee to the higher position. Upon the return of a probationary promotee to his/her previous position of employment, the appointing officer shall again request a priority certification of promotion listing from the commission for the purpose of appointment to fill the vacant position. Any commissioner or examiner, or any other person, who shall willfully, by him/or her self, or in cooperation with 1 or more persons, defeat, deceive, or obstruct any person in respect to his/her right of examination according to this section or who shall willfully or corruptly, or falsely mark, grade, estimate, or report upon examination or proper standing or any person examined or certified, pursuant to this section, or aid in doing so, or who shall willfully or corruptly furnish to any person any special or secret information, for the purpose of either improving or injuring the prospect or chance of appointment of any person so examined or certified, or who shall impersonate any other person in connection with any examination or certification, shall, for each offense be deemed guilty of a misdemeanor. Whoever makes an appointment to office, or selects a person for employment, contrary to the provisions of this section, or willfully refuses or neglects otherwise to comply with, or conform to, any provisions of this section, or violates any of such provisions, shall be guilty of a misdemeanor. Suspension and/or termination of employment. Nonunion employees of the city who are suspended or whose employment has been terminated; may, if they have reason to question the just cause for their suspension or termination, request a redetermination of finding from the Civil Service Commission. Said Commission shall make determination and render a decision which is binding. Shortterm seasonal employment. Nothing in this section shall prevent the city through its administrative officers from employing shortterm seasonal employees outside of the terms of this section. [Civil service employees.] Police officers and firemen who are employees of the City of Iron Mountain shall be civil service employees under Act No. 78 of the Public Acts of Michigan of 1935 (MCL 38.501 et seq., MSA 5.3351 et seq.), as amended. Provisions of Act No. 78 of the Public Acts of Michigan of 1935 (MCL 38.501 et seq., MSA 5.3351 et seq.), as amended, shall determine procedure for appointment, suspension, promotion, layoff, or discharge of City firemen and/or policemen. The Council of the City of Iron Mountain shall, within sixty (60) days following the adoption of this Charter, appoint a three (3) member Special Civil Service Commission in keeping with Act No. 78 of the Public Acts of Michigan of 1935 (MCL 38.501 et seq., MSA 5.3351 et seq.), as amended.



Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER VIII. - GENERAL FINANCE >>

CHAPTER VIII. - GENERAL FINANCE

Sec. 8.1. - Fiscal year.Sec. 8.2. - Budget procedure.Sec. 8.3. - Budget document.Sec. 8.4. - Budget hearing.Sec. 8.5. - Adoption of the budget.Sec. 8.6. - Budget control.Sec. 8.7. - Independent audit.

Sec. 8.1. - Fiscal year.

The fiscal year of the city shall begin on the first day of July and end on the last day of June.

State law reference— Uniform budgeting and accounting act, MCL 141.421 et seq., MSA 5.3228(21) et seq.

Sec. 8.2. - Budget procedure.

On or before the 1st Monday in April of each year, the Manager shall submit to the Council a budget for the ensuing fiscal year and an accompanying message.

Sec. 8.3. - Budget document.

The budget document shall present a complete financial plan for the ensuing fiscal year and shall include those items required by the Uniform Budgeting and Accounting Act, Act No. 621 of the Public Acts of Michigan of 1978 (MCL 141.421 et seq., MSA 5.3228(21) et seq.), as amended. Also to be included shall be such other supporting schedules as the Council may deem necessary or the Council may require.

Sec. 8.4. - Budget hearing.

Before its final adoption, a public hearing on the budget proposal shall be held as provided by law. Notice of the time and place of holding such hearings shall be published by the Clerk in a newspaper having general circulation in the city at least a week in advance thereof. A copy of the proposed budget shall be on file and available to the public during office hours at the office of the Clerk for a period of not less than one (1) week prior to such public hearing.

Sec. 8.5. - Adoption of the budget.

The Council shall, not later than the last day in May adopt by resolution a budget for the ensuing fiscal year and make appropriations therefor. After consideration of probable other revenues, the Council shall determine and declare the amount of money necessary to be raised by property taxation, which amount shall not be greater than otherwise limited in this Charter or by general law.



(a)

(b)

(c)

(d)

(e)

(a)

(b)

State law reference— Mandatory that Charter provide for an annual appropriation, MCL 117.3(h), MSA 5.2073(h).

Sec. 8.6. - Budget control.

Except for purposes which are to be financed by the issuance of bonds or by special assessment or for other purposes not chargeable to a budget appropriation, no money shall be drawn from the treasury of the city except in accordance with an appropriation thereof for such specific purposes, nor shall any obligation for the expenditure of money be incurred without an appropriation covering all payments which will be due under such obligation in the current fiscal year. The Council, by resolution, may transfer any unencumbered appropriation balance, or any portion thereof, from one account, department, fund or agency to another, unless prohibited by this Charter. The Council may make additional appropriations during the fiscal year for unanticipated expenditures required by the city, but such additional appropriations shall not exceed the amount by which actual and anticipated revenues of the year are exceeding the revenues as estimated in the budget, unless the appropriations are necessary to relieve an emergency endangering the public health, peace or safety. Except in those cases where there is no other logical account to which expenditures can be charged, expenditures shall not be charged directly to the contingency fund (or other similar fund). Instead, the necessary part of the appropriation from the contingency fund (or other similar fund) shall be transferred to the logical account, and the expenditure charged to such account. At the beginning of each quarterly period during the fiscal year, and more often if required by the Council, the city manager shall submit to the Council data showing the relation between the estimated and actual revenues and expenditures to date; and if it shall appear that the revenues are less than anticipated, the Council may reduce appropriations except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the revenues. The balance in any general fund budget appropriation which has not been encumbered at the end of the fiscal year shall, subject to restrictions imposed or permitted by law, revert to the general fund.

Sec. 8.7. - Independent audit.

An independent audit shall be made of all accounts of the city government annually and more frequently if deemed necessary by the Council. Such audit shall be made by a certified public accounting firm. The results of such audit shall be made public in such manner as the Council may determine. An annual report of the city business shall be made available to the public in such form as will disclose pertinent facts concerning the activities and finance of the city government. The council shall provide the funds to defray the cost of the annual audit and the report herein required in each annual budget of the city. The audit shall be bid every two years; with the option to be bid more often if the Council so desires.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER IX. - TAXATION >>



CHAPTER IX. - TAXATION

Sec. 9.1. - Power to tax.Sec. 9.2. - Tax limits.Sec. 9.3. - Exemptions.Sec. 9.4. - Tax day.Sec. 9.5. - Assessment roll.Sec. 9.6. - Board of review.Sec. 9.7. - Duties and functions of the board of review.Sec. 9.8. - Meeting of the board of review.Sec. 9.9. - Notice of meetings.Sec. 9.10. - Certification of roll.Sec. 9.11. - Clerk to certify tax levy.Sec. 9.12. - City tax roll.Sec. 9.13. - Tax roll certified for collection.Sec. 9.14. - Tax lien.Sec. 9.15. - Taxes due notification thereof.Sec. 9.16. - Collection charges on late payment of taxes.Sec. 9.17. - Collection of delinquent taxes.Sec. 9.18. - Failure or refusal to pay personal property tax.Sec. 9.19. - County and school taxes.Sec. 9.20. - [Tax limitation for the police and firemen retirement system.]

Sec. 9.1. - Power to tax.

The city shall have power to assess, levy and collect taxes, rents, tolls and excises. The subject of ad valorem taxation shall be the same as for state, county, and school purposes under general law. Except as otherwise provided by this Charter, city taxes shall be levied, collected and returned in the manner provided by statute.

State law reference— Mandatory that Charter provide that subjects of taxation for municipal purposes shall be the same as for state, county and school purposes under general law, MCL 117.3(f), MSA 5.2073(f); property subject to taxation, MCL 211.1 et seq., MSA 7.1 et seq.

Sec. 9.2. - Tax limits.

Exclusive of any levy for the payment of principal of and interest on outstanding general obligation bonds, and exclusive of any other levies authorized by law to be made beyond Charter tax rate limitations, levy of ad valorem taxes for general municipal purposes shall not exceed one and three-quarters percent (1¾ percent), or seventeen and one-half (17.5) mills on the assessed value of all real and personal property in the city.

Sec. 9.3. - Exemptions.

No exemptions from taxation shall be allowed except as expressly required or permitted by law.

State law reference— Property exempt from taxation, MCL 211.7 et seq., MSA 7.7 et seq.

Sec. 9.4. - Tax day.



[(a)]

(b)

Subject to the exceptions provided or permitted by statute, the taxable status of persons and property shall be determined as of the 31st day of December, or such other day as may subsequently be required by law, which shall be deemed Tax Day.

State law reference— Designation of tax day, MCL 211.2, MSA 7.2; time, place and method of assessment, MCL 211.10 et seq., MSA 7.10 et seq.

Sec. 9.5. - Assessment roll.

The Assessor shall, in accordance with state law, make and certify an assessment roll of all persons and property in the city liable to taxation.

Sec. 9.6. - Board of review.

The Board of Review shall consist of three (3) residents who are electors of the city, but not city officers or employees. The Assessor is to be the clerk of the Board of Review and nonvoting. The board shall be entitled to such remuneration as shall be determined by the Council. The board of review appointed under the provisions of this Charter shall be made up of three (3)-year terms. The Council shall appoint a member for a three (3)-year term at the first regular Council meeting in January of each succeeding year; however, the members of the first board shall be appointed to one one (1)-year term, one two (2)-year term, and one three (3)-year term. In the event that a vacancy or vacancies occur during a term, the Council shall appoint a new member to fill the remainder of the unexpired term.

State law reference— Mandatory that Charter provide for a board of review, MCL 117.3(a), MSA 5.2073(a).

Sec. 9.7. - Duties and functions of the board of review.

For the purpose of revising and correcting assessments, the board of review shall have the same powers and perform like duties in all respects as are conferred by law and required of boards of review. It shall hear the complaints of all persons considering themselves aggrieved by assessment, and if it shall appear that any person or property has been wrongfully assessed or omitted from the rolls, the board shall correct the roll in such manner as it deems just. In all cases the roll shall be reviewed according to the facts existing on the tax day and no change in the status of any property after that day shall be considered by the board in making its decision. Except as otherwise provided by law, no person, other than the Board of Review, shall make or authorize any change upon or addition or correction to the assessment roll. It shall be the duty of the Assessor to keep a permanent record of all the proceedings of the board and to enter therein all resolutions and decisions of the board. Such proceedings shall be filed in the office of the Clerk.

Sec. 9.8. - Meeting of the board of review.

The board of review shall convene in accordance with statute each year to review and correct the assessment roll and shall remain in session for not less than two (2) days and one evening. It shall choose its own chairman and a majority of its members shall constitute a quorum. On or before the first Monday in April the board of review shall endorse the assessment roll as provided hereafter.



State law reference— Mandatory that Charter provide for meeting of board of review, MCL 117.3(i), MSA 5.2073(i).

Sec. 9.9. - Notice of meetings.

Notice of the time and the sessions of the board of review shall be published by the Assessor at least ten (10) days prior to the meeting.

Sec. 9.10. - Certification of roll.

The board of review shall endorse the assessment roll as provided by statute. Such roll shall be the assessment roll of the city for all tax purposes.

State law reference— Completion of review of assessments prior to first Monday in April required, MCL 211.30a, MSA 7.30(1).

Sec. 9.11. - Clerk to certify tax levy.

Within three (3) days after the Council has adopted the budget for the ensuing year, the Clerk shall certify to the Assessor the total amount which the Council determines shall be raised by the general ad valorem tax. He shall also certify all amounts of current or delinquent special assessments and all other amounts which the Council requires or orders to be assessed, reassessed, or charged upon said roll against any property or any person in accordance with the provisions of this Charter or any ordinances of the city.

Sec. 9.12. - City tax roll.

The Assessor shall prepare a copy of the assessment roll, to be known as the city tax roll, and upon receiving the certification of the several amounts to be raised, the Assessor shall spread upon said tax roll the several amounts determined by the Council to be charged, assessed, or reassessed against persons or property. He shall also spread thereon the amounts of the general ad valorem city tax according to and in proportion to the several valuations set forth in said assessment roll. To avoid fractions in computation of any tax roll, the Assessor may add to the amount of the several taxes to be raised not more than the amount prescribed by law. Any excess created thereby on any tax roll shall belong to the city.

State law reference— Collection of taxes, MCL 211.44 et seq., MSA 7.87 et seq.; avoidance of fractions, MCL 211.39, MSA 7.80.

Sec. 9.13. - Tax roll certified for collection.

After spreading the taxes the Assessor shall certify the tax roll, and shall annex his warrant thereto, directing and requiring the Treasurer to collect the several sums mentioned therein opposite their respective names as a tax, charge, or assessment, and granting to him, for the purpose of collecting the taxes, assessments and charges of such roll, all the statutory powers and immunities possessed by Township Treasurers for the collection of taxes, except he shall not add any collection fee or percentage for collection to such tax bills.

Sec. 9.14. - Tax lien.

On July 1st of each year the taxes thus assessed shall become a debt due to the city from persons to whom assessed. The amounts and for all interest and charges thereon and all



(1)

(2)

personal taxes shall become a lien on all personal property of such persons so assessed. Such lien shall take precedence over all other claims. Encumbrances, and liens to the extent provided by law and shall continue until such taxes, interest and charges are paid.

Sec. 9.15. - Taxes due notification thereof.

City taxes shall be due on July 1st of each year. The Treasurer shall not be required to call upon persons named in the city tax roll nor make personal demand for payment of taxes, but shall:

Publish between June 15th and July 1st notice of the time when said taxes will be due for collection and of the penalties and fees for the late payment thereof; and Mail a tax bill to each person named in said roll. In cases of multiple ownership of property only one bill need be mailed. Failure on the part of the Treasurer to publish said notice or mail such bills shall not invalidate such taxes on said tax roll nor release the person or property assessed from the penalties and fees provided in this chapter in case of late or nonpayment of same.

Sec. 9.16. - Collection charges on late payment of taxes.

No penalty shall be charged for city taxes paid on or before the 10th day of August. The Council shall provide, by ordinance, the tax payment schedule for taxes paid after August 10th, and the amount of penalty. Collection fee, or interest charges, if any, to be paid thereafter in an amount not to exceed the limit allowed by statute. Such charges shall belong to the city and constitute a charge and shall be a lien against the property to which the taxes apply, collectible in the same manner as the taxes to which they are added.

Sec. 9.17. - Collection of delinquent taxes.

All city taxes on real property remaining uncollected by the Treasurer on the 1st day of March, or such date established by statute, following the date when said roll was received by him shall be returned to the county treasurer in the same manner and with like effect as returned by Township Treasurers of Township school and county taxes. Such return should be made upon a delinquent tax roll to be prepared by the Treasurer and shall include all the additional charges and assessments hereinbefore provided; such charges shall be added to the amount assessed in said tax roll against each description. Taxes thus returned shall be collected in the same manner as other taxes returned to the county treasurer in accordance with the provisions of the general laws of the state, and shall be and remain a lien upon the property against which they are assessed until paid.

State law reference— Return of delinquent taxes, MCL 211.55 et seq., MSA 7.99 et seq.

Sec. 9.18. - Failure or refusal to pay personal property tax.

If any person, firm, or corporation shall neglect or refuse to pay any personal property tax assessed to him or them, the Treasurer shall collect the same by seizing the personal properties of such person, firm or corporation, to an amount sufficient to pay such tax, fees and charges for subsequent sale, wherever the same may be found in the state, and from which seizure no property shall be exempt. He may sell the property seized to an amount sufficient to pay the taxes and all charges in accordance with statutory provisions. The



(a)

(b)

(c)

(d)

Treasurer may, if otherwise unable to collect a tax on personal property, sue the person, firm, or corporation to whom it is assessed in accordance with the statute.

State law reference— Failure or refusal to pay taxes, MCL 211.47, MSA 7.91.

Sec. 9.19. - County and school taxes.

The levy, collection and return of state, county and school taxes shall be in conformity with the general laws of the state.

State law reference— Mandatory that Charter provide for levy, collection and return of state, county and school taxes, MCL 117.3(i), MSA 5.2073(i).

Sec. 9.20. - [Tax limitation for the police and firemen retirement system.]

[The city shall] prohibit the city from levying any taxes for the Iron Mountain Police and Firemen Retirement System in excess of the required total dollar amount as determined by the actuarian of the retirement system.

(Amd. of 11-8-06)

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER X. - BORROWING AUTHORITY >>

CHAPTER X. - BORROWING AUTHORITY

Sec. 10.1. - General borrowing.Sec. 10.2. - Limits of borrowing authority.Sec. 10.3. - Preparation and record of bonds.Sec. 10.4. - Deferred payment contracts.

Sec. 10.1. - General borrowing.

Subject to applicable provisions of law and this Charter, the Council may by ordinance or resolution authorize the borrowing of money for any purpose within the scope of powers vested in the city and permitted by law and may authorize the issuance of bonds or other evidences of indebtedness therefor. Such bonds or other evidences of indebtedness shall include, but not be limited to, the following types:

General obligation bonds which pledge the full faith, credit, and resources of the city for payment of such obligations.Notes issued in anticipation of the collection of taxes, but the proceeds of such notes may be spent only in accordance with appropriations as provided in Section 8.6 [of this Charter]. In case of fire, flood, windstorm, or other calamity, emergency loans due in not more than five (5) years for the relief of inhabitants of the city and for the preservation of municipal property. Special assessment bonds issued in anticipation of the payment of special assessment made for the purpose of defraying the cost of any public



(e)

(f)(g)

(h)

(i)

(j)

(a)

1.2.3.

4.

(b)

(c)

(d)

improvement, or in anticipation of payment of any combination of such special assessments; such special assessment bonds may be an obligation of the special assessment district or districts alone, or may be both an obligation of the special assessment district or districts, and a general obligation of the city. Mortgage bonds for the acquiring, owning, purchasing, constructing, improving, or operating of any public utility which the city is authorized by this Charter or by law to acquire or operate. Bonds for the refunding of the funded indebtedness of the city.Revenue bonds as authorized by law which are secured only by the revenues from a public improvement or public utility and do not constitute a general obligation of the city. Bonds issued in anticipation of future payments from the Motor Vehicle Highway Fund or any other fund of the state or federal government which the city may be permitted by law to pledge for the payment of principal and interest thereof. Budget bonds, which pledge the full faith, credit, and resources of the city, in an amount which, in any year together with the taxes levied for the same year, will not exceed the limit of taxation authorized by this Charter. Bond which the city is, by any general law of the state, authorized to issue, now or hereafter, which shall pledge the full faith, credit, and resources of the city or be otherwise secured or payable as provided by law.

Sec. 10.2. - Limits of borrowing authority.

The net bonded indebtedness incurred for all public purposes shall not at any time exceed the maximum amount permitted by law, provided that in computing such bonded indebtedness there shall be excluded:

Money borrowed on notes issued in the anticipation of the collection of taxes;Special assessment bonds, even though they are a general obligation of the city;Mortgage bonds, revenue bonds, bonds in anticipation of state-returned revenues to the extent permitted by law; andAny other bonds or indebtedness excluded by law from such limitation.

The amount of funds accumulated for the retirement of any outstanding bonds shall also be deducted from the amount of bonded indebtedness.

The amount of emergency loans which may be made under the provisions of this Charter may not exceed the maximum amount permitted by law, and such loans may be made even if it causes the indebtedness of the city to exceed the limit of the net bonded indebtedness fixed in this Charter, or by law. No bonds shall be sold to obtain funds for any purpose other than that for which they were specifically authorized, and if such bonds are not sold within the time limited by law, such authorization shall be null and void. The issuance of any bonds not requiring the approval of the electorate shall be subject to applicable requirements of law with reference to public notice in advance of authorization of such issues, filing of petitions for a referendum on such issuance, holding such referendum, and other applicable procedural requirements.

Sec. 10.3. - Preparation and record of bonds.



Each bond or other evidence of indebtedness shall contain on its face a statement specifying the purpose for which it is issued and it shall be unlawful for any officer of the city to use the proceeds thereof for any other purpose. Any officer who shall violate this provision shall be deemed guilty of a violation of this Charter, except that, whenever the proceeds of any bond issue or parts thereof shall remain unexpended and unencumbered for the purpose for which said bond issue was made, the Council may authorize the use of said funds for the retirement of bonds of such issue or for any other purpose permitted by law. All bonds or other evidences of indebtedness issued by the city shall be signed by the mayor and countersigned by the Clerk, under the seal of the city. The signatures of the mayor and the Clerk, and the seal of the city may be facsimiles in the case of fully-registered bonds. Interest coupons may be executed with the facsimile signature of the mayor and the Clerk. A complete and detailed record of all bonds and other evidences of indebtedness issued by the city shall be kept by the Clerk or other designated officer. Upon the payment of any bond or other evidence of indebtedness, the same shall be cancelled.

Sec. 10.4. - Deferred payment contracts.

The city may enter into installment contracts for the purchase of property or capital equipment. Each such contract shall not extend over a period greater than, nor shall the total amounts of principal payable under all such contracts exceed a sum permitted by law. All such deferred payments shall be included in the budget for the year in which the installment is payable.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER XI. - SPECIAL ASSESSMENT >>

CHAPTER XI. - SPECIAL ASSESSMENT

Sec. 11.1. - Special assessments: General powers.Sec. 11.2. - Procedure fixed by ordinance.Sec. 11.3. - Implementation of the chapter.

Sec. 11.1. - Special assessments: General powers.

The Council shall have the power to determine that the whole or any part of the cost of any public improvement shall be defrayed by special assessment upon property in a special district and shall so declare by resolution or resolutions shall state that estimated cost of the improvement, what proportion of the cost thereof shall be paid by special assessment, and what part, if any, shall be a general obligation of the city, the number of installments in which assessments shall be levied and whether the assessments shall be based upon special benefits, frontage, area, valuation or other factors permitted by law, or a combination thereof. The Council shall also have the power of reassessment with respect to any such public improvement.

State law reference— Powers re assessments, MCL 117.4a, 117.4b, 117.4d, 117.5, MSA 5.2074, 5.2075, 5.2077, 5.2084; notices and hearings, MCL 211.741 et seq., MSA 5.3534(1) et seq.; deferment for older persons, MCL 211.761 et seq., MSA 5.3536(1) et seq.



Sec. 11.2. - Procedure fixed by ordinance.

The Council shall prescribe by ordinance the complete special assessment or reassessment procedure governing the initiation of projects, preparation of plans and cost estimates, notice of hearings on necessity and on confirmation of the assessment rolls, and making and confirming of the assessment rolls, correction of errors, the collection of special assessments, and any other matters concerning the making and financing of improvements by special assessment.

Cross reference— See Code of Ordinances, Chapter 54.

Sec. 11.3. - Implementation of the chapter.

The City Council shall have and is hereby given the power to pass ordinances implementing the provisions of this chapter and detailing the procedure relative thereto.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER XII. - UTILITIES >>

CHAPTER XII. - UTILITIES

Sec. 12.1. - General powers respecting utilities.Sec. 12.2. - Acquisition of private property.Sec. 12.3. - Control of utilities.Sec. 12.4. - Rates and charges.Sec. 12.5. - Utility charges; collection.Sec. 12.6. - Water utility fund.Sec. 12.7. - Disposal of plants and property.Sec. 12.8. - Fluoridation prohibited.

Sec. 12.1. - General powers respecting utilities.

The city shall possess and hereby reserves to itself all the powers granted to cities by law to acquire, construct, own, operate, improve, enlarge, extend, repair, and maintain, either within or without its corporate limits, including, but not by way of limitation, public utilities for supplying water, light, heat, power, gas, sewage treatment, transportation, and garbage and refuse disposal facilities, or any of them to the municipality and its inhabitants thereof; and also to sell, deliver water, light, heat, power, gas and other public utility services without its corporate limits as authorized by law.

State law reference— Mandates relative to public utilities, Mich. Const. 1963, Art. VIII, §§ 24, 25; permissible that Charter provide for operation of utilities, MCL 117.4c, 117.4f, MSA 5.2076, 5.2079.

Sec. 12.2. - Acquisition of private property.

Private property may be taken and appropriated either within or without the city, for public use in connection with any acquisition, enlargement, or extension of public utilities, public hospitals, public cemeteries, and for other lawful and necessary public uses. The ownership of such property shall be acquired by city negotiation and purchase, or in any other



(a)

(b)

manner permitted by the general laws of the state for the taking of private property for public use.

Sec. 12.3. - Control of utilities.

The Council may enact such ordinances and adopt such resolutions as may be necessary for the care, protection, preservation, control and operation of any public utilities which the city may, in any manner acquire, own, or operate and all fixtures, appurtenances, apparatus, building, and machinery connected therewith or belonging thereto, and to carry into effect the powers conferred upon the city by the provisions of this Charter and by statute.

Sec. 12.4. - Rates and charges.

The Council shall have the power to establish from time to time, such just and equitable rates as may be deemed advisable for supplying the inhabitants of the city and others with water or sewage disposal, with electricity for light, heat, and power and with such other utility services as the city may acquire or provide.

Sec. 12.5. - Utility charges; collection.

The Council shall provide, by ordinance, for the collection of all public utility charges made by the city and for such purpose, shall have all the power granted to cities by statute. When any person or persons, or any firm or corporation shall fail or refuse to pay to the city any sums due on utility bills, which are not covered by deposits, the utility service or services upon which such delinquency exists may be shut off or discontinued but only after a thorough examination of the causes and circumstances surrounding the nonpayment. Suit may be instituted by the city for the collection of the same in any court of competent jurisdiction.

Sec. 12.6. - Water utility fund.

[A] separate account shall be established for the explicit purpose of providing and preserving high quality water resources for the citizens of Iron Mountain, and shall be called the Water Utility Fund. When there is a substantial surplus in the Water Utility Fund after providing for the annual payment of installments on bonds, interest, sinking fund, maintenance, expenses of the department, and amount for emergency as would be prudent, the Manager shall notify the Council. The Council shall designate by resolution what should be done with surplus funds. Under no circumstances shall surplus funds in the Water Utility Fund be transferred to any other fund within the city. These funds shall remain within the Water Utility Fund to prepay principal on outstanding bonds, allow a reduction of present water rates as provided under section 12.5 [of this Charter] or be utilized as deemed necessary within the Water Department. Surplus funds may be invested in investments that are either insured by the Federal Government or its agencies or are direct obligations of the Federal Government. The income derived from such investments shall remain within the Water Fund and only be used within the fund. Separate accounts shall be kept for each public utility owned or operated by the city, distinct from other city accounts, and in such manner as to show the true and complete financial result of such city ownership or operation, or both, including all assets, liabilities, revenues, and expenses. These accounts shall show the actual cost to the city of each such public utility, the cost of all extensions, additions, and improvements,



(a)

all expenses of maintenance, the amounts set aside for sinking fund purposes, and all operating expenses. They shall show as nearly as possible, the value of any service furnished to or rendered by any such public utility by or to any other city department. They shall also show a proper allowance, for depreciation and insurance. The Council shall annually cause to be made a report showing the financial results of such city ownership or operation, or both, which report shall give for each utility, the information specified in this section, and such further information as the Council shall deem necessary.

Sec. 12.7. - Disposal of plants and property.

The city shall not sell, exchange, lease, or in any way alien or dispose of the property, easements, income or other equipment, privilege or asset belonging to and appertaining to any utility which it may acquire, unless and except the proposition for such purpose shall first have been submitted, at a special election held for the purpose in the manner provided in this Charter, to the qualified voters of the city and approved by them by a majority vote of the electors voting thereon. All contracts, negotiations, grants, leases or other forms of transfer in violation of this provision, shall be void and of no effect as against the city. The provisions of this section shall not however, apply to the sale or exchange of any articles or equipment of any city-owned utility as are worn out or useless, or which could, with advantage to the service, be replaced by new and improved machinery or equipment.

Sec. 12.8. - Fluoridation prohibited.

No fluoride shall be added to the city water supply.

(Am'd. by electors, November 7, 1989)

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER XIII. - FRANCHISES, CONTRACTS AND PERMITS >>

CHAPTER XIII. - FRANCHISES, CONTRACTS AND PERMITS

Sec. 13.1. - Franchises.Sec. 13.2. - Right of regulation.Sec. 13.3. - Rates of franchised utilities.Sec. 13.4. - Purchase condemnation.Sec. 13.5. - Revocable permits.Sec. 13.6. - Use of street by utility.Sec. 13.7. - Contracting authority of council.Sec. 13.8. - Purchase and sale of personal property.Sec. 13.9. - Limitations on contractual powers.Sec. 13.10. - Official interest in contracts.

Sec. 13.1. - Franchises.

No franchise ordinance, which is not revocable at the will of the Council, shall be granted or become operative until the same shall have been referred to the people at a



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regular or special election and has received the approval of three-fifths (3/5) of the electors voting thereon at such election or as required by statute. All irrevocable public utility franchises, and all renewals, extensions and amendments thereof, shall be granted only by ordinance. No such ordinance shall be adopted before thirty (30) days after application therefor has been filed with the Council, nor until a full public hearing has been held thereon. No such ordinance shall become effective until it has been submitted to the electors and has been approved by a majority of the electors voting thereon. No such ordinances shall be submitted to the electors at a general election to be held less than sixty (60) days after the grantee named therein has filed unconditional acceptance of all terms of such franchise, and it shall not be submitted to a special election unless the expense of holding the election, as determined by the Council, shall have been paid to the City Treasurer by the grantee. No exclusive franchise shall ever be granted, and no franchise shall be granted for a longer term than thirty (30) years.No such franchise shall be transferable, directly or indirectly, except with the approval of the Council expressed by ordinance.Purchase of a franchised utility by the city shall require the approval of three-fifths (3/5) of the electors voting thereon.

Sec. 13.2. - Right of regulation.

All public utility franchises, whether it be so provided in the granting ordinance or not, shall be subject to the right of the city:

To repeal the same for misuse or nonuse, or for failure to comply with the provisions thereof;To require proper and adequate extension of plant and service and maintenance thereof at the highest practicable standard efficiency; To establish reasonable standards of service and quality products, and prevent unjust discrimination in service or rates;To make independent audit and examination of accounts at any time, and to require reports annually;To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof; To impose such other regulations as may be determined by the Council to be conducive to safety, welfare, and accommodation [of] the public.

Sec. 13.3. - Rates of franchised utilities.

The rates charged by public utilities under the supervision of state regulatory agencies shall be fixed by such agencies. The rates not preempted by the state for public utilities shall be set, after public hearing, by the City Council.

Sec. 13.4. - Purchase condemnation.

The city shall have the right to acquire by condemnation or otherwise the property of any public utility in accordance with the general laws of the state, provided that the price to be paid shall in no event include any value predicated upon the franchise, good will, or prospective profits.



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Sec. 13.5. - Revocable permits.

Temporary permits for public utilities, revocable at any time at the will of the Council, may be granted by the Council by resolution on such terms and conditions as it shall determine, provided that such permits, shall in no event be construed to be franchises or amendments to franchises.

Sec. 13.6. - Use of street by utility.

Every public utility franchise shall be subject to the right of the city to use, control and regulate the use of its streets, alleys, bridges, and public places and the space above and beneath them. Every public utility shall pay such part of the cost of improvement of maintenance of streets, alleys, bridges, and public places, as shall arise from its use thereof and shall protect and save the city harmless from all damages arising from said use and may be required by the city to permit joint use of its property and appurtenances located in the streets, alleys, and public places of the city by the city and other utilities insofar as such joint use may be reasonably practicable and upon payment of a reasonable rental therefor; provided, that, in the absence of agreement, upon application by any public utility, the Council shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefor, which shall be final.

Sec. 13.7. - Contracting authority of council.

The power to authorize the making of contracts on behalf of the city is vested in the Council, and shall be exercised in accordance with the provisions of the law. All contracts, except as otherwise provided by ordinance in accordance with the provisions of this Charter, shall be authorized by the Council, and shall be signed on behalf of the city by the mayor and the Clerk.

Sec. 13.8. - Purchase and sale of personal property.

[Procedures.] The Council shall establish by ordinance the procedures for the purchase of personal property on behalf of the city. Procedures shall be established to regulate the following:

The dollar amount limits within which purchases of property may be made without the necessity of securing competitive bids; and The dollar amount limit within which such purchases may be made without prior Council approval shall be one thousand dollars ($1,000). Said amount may be reviewed annually and adjusted by Council action if deemed appropriate.

Cross reference— Dollar limits changed, § 2-278.

Purchase and sale of real property. No real property shall be purchased, acquired, sold or given away by the city whether within or without its corporate limits except upon the affirmative vote of five-sevenths of all the Councilmen elect after a public hearing called for the purpose of considering such proposal to purchase, acquire, sell or give away real property. Notice of such hearing shall be given by publication in a newspaper published, mechanically printed and circulating within the city, once in each week for three (3) consecutive weeks, the last publication to be not more than three (3) days before said hearing. Provided, however, that nothing herein contained shall prohibit the City Council from leasing any real property owned by the city and not needed for municipal purposes for a period not longer than ten (10) years and upon the affirmative



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vote of two-thirds of the Councilmen elect, nor prohibit the use of such real property for purposes beneficial to the City. Provided further that no park or cemetery, as legally described upon adoption of this Charter, may be sold by the city unless approved by three-fifths of the electors voting thereon at any general or special election.

Sec. 13.9. - Limitations on contractual powers.

The Council shall only have power to enter into contracts which, by the terms thereof, will be fully executed within a period of ten (10) years, unless such contract shall first receive the approval of the majority of the qualified electors voting thereon at a regular or special election. This qualification shall not apply to any contract for services with a public utility, or one or more other governmental units, nor to contracts for debt secured by bonds or notes which are permitted to be issued by the city by law. Except as provided by ordinance authorized in this Charter, each contract for construction of public improvements or for the purchase or sale of personal property, shall be let after opportunity for competition. All sealed bids shall be opened at a Council meeting and read aloud in public by the City Manager or his authorized representative at the time designated in the notice or letting, and shall be reported by him to the Council at its next regular meeting. The Council may reject any or all bids if deemed advisable. If, after ample opportunity for competitive bidding, no bids are received, or such bids as are received are not satisfactory to the Council, the Council may either endeavor to obtain new competitive bids or authorize the City Manager, or other proper officials of the city, to negotiate or contract on the open market. Bid specifications shall contain no discriminatory language or description that would restrict, or in any way prohibit, participation by qualified or eligible bidders.

Sec. 13.10. - Official interest in contracts.

No person holding any elective or appointive office of the city shall take any official action on any city contract in which he shall have a direct personal interest in the profits to be derived therefrom or be a bondsman or surety on any contractor bond given to the city. The provisions for handling this shall be in accordance with Act No. 317 of the Public Acts of Michigan of 1968 (MCL 15.321 et seq., MSA 4.1700(51) et seq.), as amended. Any officer violating the provisions of this section shall be deemed guilty of misconduct in office and upon conviction shall forfeit his office.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER XIV. - MUNICIPAL RIGHTS AND LIABILITIES >>

CHAPTER XIV. - MUNICIPAL RIGHTS AND LIABILITIES

Sec. 14.1. - Rights; liabilities; remedies.Sec. 14.2. - Liability for damages.Sec. 14.3. - Statements of city officers.

Sec. 14.1. - Rights; liabilities; remedies.



All rights and properties of any kind and description which were vested in the City of Iron Mountain at the time of the adoption of this Charter [March 3, 1986] shall continue, and no rights or liabilities either in favor of or against the City at the time of the adoption of this Charter [March 3, 1986], and no suit or prosecution of any kind shall be in any manner affected by the adoption of this Charter, but the same shall stand or progress as if no such change had been made, and all debts and liabilities of the City and all taxes levied and uncollected at the time of the adoption of this Charter [March 3, 1986] shall be collected the same as if such change had not been made; provided that, when a different remedy is given in this Charter, which can be made applicable to any rights existing at the time of the adoption of this Charter, the same shall be deemed cumulative to the remedies before provided, and may be used accordingly.

Sec. 14.2. - Liability for damages.

The city shall not be liable for unliquidated damages for injuries to persons or property unless the persons claiming such damages, or someone in his or their behalf, shall file a claim in writing with the Clerk. Such claim shall be verified by the claimant or claimants, or some person having knowledge of the facts, who shall specify the time and place, the nature and extent of the injury sustained, the manner in which it occurred, the specific grounds upon which the claim of liability on the part of the city shall be asserted, the names and addresses of all known witnesses, the name of the attending physician, if any, and an itemized statement of the amount claimed. Upon filing such claim, the city shall investigate the same and may require the claimant to produce all witnesses for examination under oath. No action shall be maintained in any case unless the same be brought within the statutory period stated by the general laws of the state after such injury or damages shall have been received.

Sec. 14.3. - Statements of city officers.

No officer of the city shall have [the] power to make any representation or recital of fact in any franchise, contract, document, or agreement which is contrary to any public record of the city. Any such representation shall be void and of no effect as against the city.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER XV. - GENERAL PROVISIONS AND DEFINITIONS >>

CHAPTER XV. - GENERAL PROVISIONS AND DEFINITIONS

Sec. 15.1. - Public records.Sec. 15.2. - Headings.Sec. 15.3. - Definitions and interpretations.Sec. 15.4. - Amendments.Sec. 15.5. - Effect of illegality of any part of Charter.

Sec. 15.1. - Public records.

All public records of the city shall be available to the public during normal business hours, except any of a personal nature on personnel which may be protected by statute or decency, and shall be in the English language.



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State law reference— Freedom of information act, MCL 15.231 et seq., MSA 4.1801(1) et seq.

Sec. 15.2. - Headings.

The chapter and section headings used in this Charter are for convenience only and shall not be considered to be a part of this Charter.

Sec. 15.3. - Definitions and interpretations.

Except as otherwise specifically provided or indicated by the context of this Charter:

The word "state" shall mean the State of Michigan;The word "city" shall mean the City of Iron Mountain;The word "council" shall mean the City Council of the City of Iron Mountain;The word "officer" shall include, but shall not be limited to the mayor, the members of the Council, and, as herein provided, the administrative officers, deputy administrative officers, and members of city boards and commissions created by or pursuant to this Charter; The word "person" may extend and be applied to bodies politic and corporate and to partnerships and associations, as well as to individuals; The words "printed" and "printing" shall include printing, engraving, stencil, duplicating, lithographing, typewriting, photostating, or any similar method; Except in reference to signatures, the words "written" and "in writing" shall include handwritten script, printing, typewriting, and teletype and telegraphic communications; The words "publish" or "published" shall include publication of any matter, required to be published, in the manner provided by law, or where there is no applicable law, in one or more newspapers of general circulation in the city, qualified by law for publication of legal notices or in accordance with this Charter; The words "public utility" shall include all common carriers in the public streets; water, sewage disposal, electric light and power, gas, telephone and telegraph lines and systems, cable television, garbage and refuse collection and disposal and reduction plants, transportation, and such other and different enterprises as the Council may determine or designate; All words indicating the present tense shall not be limited to the time of the adoption of this Charter [March 3, 1986], but shall extend to and include the time of happening of any event or requirement to which any provision of this Charter is applied; The singular shall include the plural, and [the] plural shall include the singular, [and] the masculine gender shall extend to and include the feminine gender and the neuter; All references to statutes shall be considered to be references to such statutes as amended.

Sec. 15.4. - Amendments.

This Charter may be amended at any time in the manner provided by statute. Should two (2) or more amendments, adopted at the same election, have conflicting provisions, the one receiving the highest vote shall prevail as to those provisions.



Sec. 15.5. - Effect of illegality of any part of Charter.

Should any provision or section, or portion hereof, of this Charter be held by a Court of competent jurisdiction to be invalid, illegal, or unconstitutional, such holding shall not be construed as affecting the validity of this Charter as a whole or any remaining portion of such provision or section.

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER XVI. - SCHEDULE >>

CHAPTER XVI. - SCHEDULE

Sec. 16.1. - Election to adopt Charter.Sec. 16.2. - Form of ballot.Sec. 16.3. - Effective date of Charter.Sec. 16.4. - Primary election.Sec. 16.5. - First general election of officers.Sec. 16.6. - Ward boundaries of this Charter.Sec. 16.7. - First meeting of the city council.Sec. 16.8. - Officers and employees.Sec. 16.9. - Continuation of contracts and obligations.Sec. 16.10. - State and municipal laws.Sec. 16.11. - Council action.Sec. 16.12. - Duties.Sec. 16.13. - Terms abolished.

Sec. 16.1. - Election to adopt Charter.

This Charter shall be submitted to a vote of the registered electors of the territory comprising the City of Iron Mountain at the regular city election to be held on Tuesday, October 22, 1985. If at said election, a majority of the electors voting thereon shall vote in favor of the adoption of this Charter, then the clerk shall perform all other acts required by law and this Chapter to carry this Charter into effect.

Sec. 16.2. - Form of ballot.

The form of the question of submission of this Charter shall be as follows: "Shall the proposed Charter of the City of Iron Mountain, State of Michigan, drafted by the Charter Commission elected October 2, 1984, be adopted?"

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Sec. 16.3. - Effective date of Charter.

If the canvass of the vote on the adoption of this Charter shows that it has been adopted, it shall take effect and become law as the Charter of the City of Iron Mountain, State of Michigan, for all purposes on Monday, March 3, 1986, at 12:01 a.m., local time.



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Sec. 16.4. - Primary election.

If necessary, a primary election shall be held between the hours of 7:00 a.m. and 8:00 p.m. on Tuesday, December 17, 1985.

Sec. 16.5. - First general election of officers.

A special election to elect the first City Council shall be held on Tuesday, February 11, 1986, between the hours of 7:00 a.m. and 8:00 p.m. The seven (7) candidates elected, four (4) at large and three (3) from wards, shall have terms beginning at 12:01 a.m., March 3, 1986, and extend until December 31, 1987 at 12:01 a.m. Thereafter, the elections for City Council and their terms of office shall be in accordance with and at the times set forth in this Charter. Where applicable and appropriate this election shall be conducted in compliance with the provisions of Chapter III of this Charter.

Sec. 16.6. - Ward boundaries of this Charter.

Ward I shall be boundaried as follows: North by the North City Limits; East by the East City Limits; West by the West City Limits; South along the centerline of Houghteling Street as extended from the East to the West City Limits. Ward II shall be boundaried as follows: On the North by the South boundary of Ward I; East by the East City Limits; West by the West City Limits; South along the centerline of "C" Street as extended from the East to the West City Limits. Ward III shall be boundaried as follows: On the North by the South boundary of Ward II; East by the East City Limits; West by the West City Limits; South by the South City Limits. Future Councils shall define ward boundaries in conformance with state statutes.

Sec. 16.7. - First meeting of the city council.

The first Council of the City of Iron Mountain shall assemble at 7:00 p.m., local time, on Monday, March 3, 1986 in the City Hall Council Room. The meeting shall be called to order by the Chairman of the Charter Commission who shall introduce the Council to the public and call the meeting to order. The Chairman shall preside for the election of the Mayor from among the Council and then turn the meeting over to the Mayor, and the Council shall proceed with the business before it.

Sec. 16.8. - Officers and employees.

Rights and privileges preserved. Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption [March 3, 1986]. Continuance of office or employment. Except as specifically provided by this Charter, if at the time this Charter takes full effect [March 3, 1986] a city administrative officer or employee holds any office or position which is or can be abolished by or under this Charter, he shall continue in such office or position until the taking effect of some specific provision under this Charter directing that he vacate the office or provision [position].



Personnel system. An employee holding a city position at the time this Charter takes full effect [March 3, 1986], who was serving in that same or a comparable position at the time of its adoption [March 3, 1986], shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for in Section 4.02 [4.2 of this Charter].

Sec. 16.9. - Continuation of contracts and obligations.

All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by the city department, office or agency appropriate under this Charter.

Sec. 16.10. - State and municipal laws.

All city ordinances, resolutions, orders and regulations which are in force when this Charter becomes fully effective [March 3, 1986] are repealed to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the constitution and laws of the State of Michigan permit, all laws relating to or affecting this city or its agencies, officers or employees which are in force when this Charter becomes fully effective [March 3, 1986] are superseded to the extent that they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto.

Sec. 16.11. - Council action.

In all cases involving the transition of the City of Iron Mountain, which are not covered by this transitional schedule [this chapter], the Council shall supply the necessary details and procedures and may adopt such rules, regulations and ordinances as may be required.

Sec. 16.12. - Duties.

The City Engineer shall perform the duties of City Manager until a City Manager is selected by the Council.

Sec. 16.13. - Terms abolished.

All elective terms of Councilmen, including the office of Mayor, that were not filled by way of the general election on Tuesday, February 11, 1986 shall be abolished at 6:50 p.m., local time on March 3, 1986. >

Iron Mountain, Michigan, Code of Ordinances >> PART I - CHARTER >> RESOLUTION OF ADOPTION >>

RESOLUTION OF ADOPTION

At a meeting held on Tuesday, June 18, 1985, the Charter Commission elected on October 2, 1984, to draft a City Charter for the City of Iron Mountain, adopted the following resolution:



/s/ ..... Lou Ann Ebidon, City Clerk

Richard Allen, Chairman .....John C. O'Donnell, Vice-Chairman .....Phyllis Ewig, Secretary .....Terry Barnes .....Archie Betti .....Victor Borga .....John D. Elmer .....Robert Esveldt .....Alfonse Fuse .....



"Resolved, that the proposed Charter for the City of Iron Mountain be approved by the Charter Commission. The city clerk is hereby instructed to transmit the same to the Governor of the State of Michigan in accordance with Act 279 of the Public Acts of 1909, as amended, for his approval." The vote on the adoption of the resolution was as follows: Ayes: 6 Allen, Barnes, Betti, Borga, Esveldt, Fuse Nays: 1 O'Donnell Absent: 2 Ewig, Elmer

Attested to by the following Commissioners:

I hereby certify that this is a true copy of the signatures appended hereto:

I hereby certify that the above Commissioners were those duly elected to the Iron Mountain Charter Commission on October 2, 1984.



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print.aspx?clientID=12810&HTMRequemanagement and control of municipal property and in the administration of the municipal government, MCL 117.4j(3), MSA 5.2083(3). Sec. 2.2. - Intergovernmental