Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> · Const. 1963, Art. VII, § 22. (Back) Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 1. - BOUNDARIES

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >>

PART I - CHARTER [1]

PREAMBLE

We, the people of the City of Warren, grateful to God for the blessings of freedom, peace, and justice, and in order to secure the benefits of efficient self government and otherwise to promote our common welfare, do ordain and establish this charter for the government of our city, pursuant to authority granted by the Constitution and Laws of the State of Michigan.

CHAPTER 1. - BOUNDARIES AND SUBDIVISION OF THE CITYCHAPTER 2. - DEFINITIONS AND GENERAL PROVISIONSCHAPTER 3. - MUNICIPAL POWERS AND LIABILITIESCHAPTER 4. - OFFICERSCHAPTER 5. - THE CITY COUNCILCHAPTER 6. - CITY LEGISLATION CHAPTER 7. - CITY ADMINISTRATIONCHAPTER 8. - GENERAL FINANCE CHAPTER 9. - TAXATION CHAPTER 10. - SPECIAL ASSESSMENTS CHAPTER 11. - COUNTY SUPERVISORS CHAPTER 12. - JUSTICE COURT CHAPTER 13. - ELECTIONS CHAPTER 14. - CONTRACTSCHAPTER 15. - PUBLIC UTILITY SERVICES CHAPTER 16. - MUNICIPAL PENSION PLANS

FOOTNOTE(S):(1) Editor's note— Printed herein is the Warren Charter as adopted by the electors on October 2, 1956. Amendments have been inserted and are indicated by history notes in parentheses following the amended sections. Obvious misspellings have been corrected. Other changes made for clarity are indicated by brackets. (Back)(1) State Law reference— Home rule cities generally, MCL 117.1 et seq.; power to adopt and amend Charter, Mich. Const. 1963, Art. VII, § 22. (Back)

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 1. - BOUNDARIES AND SUBDIVISION OF THE CITY >>

CHAPTER 1. - BOUNDARIES AND SUBDIVISION OF THE CITY

Sec. 1.1 - Boundaries.Sec. 1.2 - Wards.Sec. 1.3 - Election precincts.

Sec. 1.1 - Boundaries.

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The following described territory, together with all territories that may be annexed thereto, shall be a body corporate with the official name and title of "City of Warren", shall constitute one ward, and shall be subject to the municipal control of the city:

Commencing at the intersection of the base line of the state of Michigan and the western boundary line of T. 1N., R. 12E., thence north along the said western boundary line of T. 1N., R. 12E. (substantially the centerline of Dequindre Avenue) to the northern boundary line of T. 1N., R. 12E., thence east along the said northern boundary line of T. 1N., R. 12E. (substantially the centerline of Fourteen Mile Road) to the eastern boundary line of T. 1N., R. 12E., thence south along the said eastern boundary line of T. 1N., R. 12E. (substantially the centerline of Hayes Road and Hayes Road extended) to the northeast corner of Section 25 of T. 1N., R. 12E., thence west along the north line of Section 25 a distance of 200 feet, thence south along a line 200 feet distant from and parallel to the east line of Section 25 to a point 200 feet north of the south line of the northeast ¼ of Section 25, thence westerly from that point to a point on the west line of the east ½ of the east ½ of Section 25 which is 20 feet north of the south line of the northeast ¼ of Section 25, thence south along the west line of the east ½ of the east ½ of Sections 25 and 36 to the base line of the state of Michigan, thence west along the said base line to the point of beginning: and excepting therefrom the territory comprising the City of Center Line, which territory is described as follow:

Commencing at the north quarter post of Section 22, T. 1N., R. 12E., thence southerly on the north and south quarter section line through Sections 22 and 27 to the center post of Section 27, thence southerly and along the westerly line of the southwest quarter of Section 27 to a point of intersection with a line produced easterly and being the southerly line of the northerly twelve acres of the northeast quarter of the southeast quarter of Section 28, thence westerly along the southerly line of said northerly twelve acres and said southerly line produced to a point 200 feet westerly of the west property line of the Michigan Central Railroad, thence northerly parallel with and 200 feet westerly on the westerly property line of the Michigan Central Railroad through Sections 28 and 21 to a point on the northerly line of Section 21 and 200 feet westerly of the westerly property line of the Michigan Central Railroad, thence easterly on the north line of Sections 21 and 22 to the north quarter post of Section 22, to the point of beginning.

State law reference— Incorporation, consolidation of territory and alteration of boundaries of home rule cities, MCL 117.61 et seq.

Sec. 1.2 - Wards.

The city shall consist of one ward.

State law reference— Mandatory that Charter provide for establishment of one (1) or more wards, MCL 117.3(e).

Sec. 1.3 - Election precincts.

The city shall be divided into election precincts in the manner required by law.

State law reference— Election precincts, MCL 168.654.



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Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 2. - DEFINITIONS AND GENERAL PROVISIONS >>

CHAPTER 2. - DEFINITIONS AND GENERAL PROVISIONS

Sec. 2.1 - Records to be public.Sec. 2.2 - Definitions and interpretations.Sec. 2.3 - Public records and evidence.Sec. 2.4 - Quorum.Sec. 2.5 - Sundays and holidays.Sec. 2.6 - Penalties for violations of charter.Sec. 2.7 - Chapter and section headings.Sec. 2.8 - Amendments.Sec. 2.9 - Severability of charter provisions.

Sec. 2.1 - Records to be public.

All records of the city shall be public, unless otherwise provided by law, shall be kept in city offices, except when required for official reasons or for purposes of safekeeping to be elsewhere, and shall be available for inspection at all reasonable times.

State law reference— Mandatory that Charter provide that all records of the municipality shall be public, MCL 117.3(l); freedom of information act, MCL 15.231 et seq.

Sec. 2.2 - Definitions and interpretations.

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

The word "city" shall mean the city of Warren;The word "council" shall mean the city council of the city of Warren, and shall be synonymous with the word commission, or any other word used in any law to designate the governing body of a city; The word "constitution" shall denote the constitution of the state of Michigan, as it is in effect at the time the provision containing the word "constitution" is to be applied; The word "law" shall denote this charter, the constitution and statutes of Michigan, and the applicable common law;The word "officer" shall include, but shall not be limited to, the mayor, the members of the council, the justices of the peace [2], the administrative officers, deputy administrative officers, and members of city boards and commissions created by or pursuant to this charter: provided, that city representatives; [3] on the board of supervisors of Macomb County, when acting in such capacity, shall not be officers of the city within the meaning of 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 duplication, lithographing, or any similar method;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



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or more newspapers of the city or by posting on the official bulletin boards of the city of which the council shall provide and maintain at least ten in the city; The words "public utility" shall include all common carriers in the public streets; water, sewage disposal, electric light, gas, electric power, and heating works; telephone and telegraph lines; subways, conduits, market and market houses, garbage collection, garbage disposal and reduction plants, paving plants and appliances; and such other and different enterprises as the council may from time to time determine or designate; The word "statute" shall denote the public acts of the state of Michigan, as they are in effect at the time the provision containing the word "statute" is to be applied; Except in reference to signatures, the words "written" and "in writing" shall include hand written script, printing, typewriting, and teletype and telegraphic communications; All words indicating the present tense shall not be limited to the time of the adoption of this charter, but shall extend to and include the time of the happening of any event or requirement for which provision is made herein; The singular number shall include the plural, the plural number shall include the singular and the masculine gender shall extend to and include the feminine gender and the neuter.

Sec. 2.3 - Public records and evidence.

All papers, books, or other records of any matter required to be kept by any of the several departments of the municipal government, either by law or by the provisions of any ordinance or regulation, shall be deemed public records of such department, and they, or copies duly certified by the custodian thereof, shall be prima facie evidence of their contents in all suits at law or in equity, or in other proceedings.

State law reference— Mandatory that Charter provide that all records of the municipality shall be public, MCL 117.3(l); freedom of information act, MCL 15.231 et seq.

Sec. 2.4 - Quorum.

Except as otherwise expressly provided in this charter, a quorum of any board created by or under authority of this charter shall consist of a majority of the number of its members, as established by this charter or by the ordinance creating such commission or board. The concurring vote of a majority of such established number of members of each such board shall be necessary for official action by it.

Sec. 2.5 - Sundays and holidays.

Except as otherwise expressly provided in this charter, whenever the date fixed by law or ordinance for the doing or completion of any act falls on a Sunday or legal holiday, such act shall be done or completed on the next succeeding day, which is not a Sunday or legal holiday.

Sec. 2.6 - Penalties for violations of charter.

Any person found guilty of an act constituting a violation of this charter may be punished by a fine which, in addition to court costs charged to him, shall not exceed five hundred dollars or imprisonment for not more than ninety days, or by both such fine and imprisonment, in the discretion of the court. Imprisonment for violations of this charter may be



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in the city or the county jail, or in any work house of the state which is authorized by law to receive prisoners of the city. This section shall not operate to limit or prejudice the power to remove officers or discharge employees as provided in this charter.

Sec. 2.7 - Chapter and section headings.

The chapter and section heading used in this charter are for convenience only, and shall not be considered as part of this charter.

Sec. 2.8 - Amendments.

This charter may be amended at any time in the manner provided by law. Should two or more amendments adopted at the same election have conflicting provisions, the amendment receiving the largest affirmative vote shall prevail as to those provisions.

State law reference— Power to adopt and amend Charter, Mich. Const. 1963, Art. VII, § 22; Charter amendment procedure, MCL 117.21 et seq.

Sec. 2.9 - Severability of charter provisions.

If any provision, section, or clause of this charter, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any remaining portion or application of the charter, which can be given effect without the invalid portion or application, and, to this end, this charter is declared to be severable.

FOOTNOTE(S):(2) Editor's note— Justices of the peace were abolished by MCL 600.9921, which created the district court system. (Back)(3) Editor's note— There are no longer any so-called city representatives on the board of supervisors since MCL 46.401 et seq., now provides for the election of supervisors by apportioned districts with the county. (Back)

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 3. - MUNICIPAL POWERS AND LIABILITIES >>

CHAPTER 3. - MUNICIPAL POWERS AND LIABILITIES

Sec. 3.1 - General powers.Sec. 3.2 - Vested rights and liabilities continued.

Sec. 3.1 - General powers.

Unless otherwise provided or limited in this charter, the city of Warren shall possess and be vested with all the powers, privileges, and immunities, expressed or implied, which cities are, or hereafter may be permitted by law to exercise or to include in their charters. The enumeration of particular powers, privileges, or immunities in this section or elsewhere in this charter shall not 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 powers in the management and control of municipal powers in the



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management and control of municipal property and in the administration of the municipal government, MCL 117.4j(3).

The city shall have power to manage and control the finances, rights, interests, buildings, and property, to enter into contracts, to do any act to advance the interests, good government, and prosperity of the city and its inhabitants, and to protect the public peace, morals, health, safety, and general welfare. In the exercise of such powers, the city may enact ordinances, rules, and regulations, and take such other action as may be required, not inconsistent with law. The power of the city shall include, but shall not be limited to, the following:

State law reference— Mandatory that Charter provide for the public peace and health, and for the safety of persons and property, MCL 117.3(j).

Abatement of nuisances. To declare as a hazard or nuisance any act or condition, upon public or private property, or both, including, but not limited to, the accumulation of rubbish and the growing of noxious weeds, which is or may be dangerous to the health, safety, morals, or welfare of the inhabitants of the city; to provide for the abatement thereof; and to provide that the costs of such abatement shall be charged as a special assessment against the real property on which the hazard or nuisance is located; Public welfare. To provide for the public welfare by:

Trades, occupations and amusements. Regulating trades, occupations, and amusements within the city, and prohibiting trades, occupations, and amusements which are detrimental to the safety, health, morals, or welfare of its inhabitants;

State law reference— Permissible that Charter provide for regulation of trades, occupations and amusements, MCL 117.4i(4).

Foods and drugs. Regulating the preparation, storage, transportation, and sale of foods, drugs, and beverages for human consumption; Garbage and rubbish. Collecting and disposing of garbage and rubbish; Oil, gasoline stations. Licensing and regulating oil and gasoline stations and the locations thereof, and limiting the number thereof within the city; Vehicles for hire. Licensing and regulating the number of vehicles which carry persons or property for hire and limiting the number thereof within the city, fixing the rates of fare and charges, and determining the location of stands for such vehicles; Signs and billboards. Licensing and regulating billboards and advertising signs and the locations thereof;

State law reference— Permissible that Charter provide for regulation of billboards, MCL 117.4i(5).

Buildings and structures. Regulating the construction, erection, alternating, equipment, repair, moving, removal, demolition, and maintenance of buildings and structures and their appurtenances and service equipment; Zoning. Establishing zones within the city and regulating therein the use and occupance of lands or structures; the height, area, size, and location of buildings; the required open spaces for light and ventilation of buildings; and the density of population;

State law reference— Permissible that Charter provide for zoning, MCL 117.4i(3).



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Fire prevention. Regulating, limiting, and prohibiting the construction and use of buildings and lands in order to promote the public safety and to prevent fires; Streams, waters, water courses. Regulating and controlling the use of streams, waters, and water courses within the city;

State law reference— Permissible that Charter provide for regulation of water courses, MCL 117.4h(4).

Streets and public ways. To establish and reasonably control streets, alleys, bridges, and public places, and the space above and beneath them, and the use thereof by:

State law reference— Permissible that Charter provide for regulation of public ways, MCL 117.4h(1).

Same; creating, vacating. Creating and vacating the same and acquiring and disposing of land, or any interest in land, required therefor; Streets and alleys, plan. Providing a plan of streets and alleys within the city and for a distance of not more than three miles beyond its limits;

State law reference— Permissible that Charter provide for plan of streets and alleys within 3 miles of city, MCL 117.4h(3).

Laying sidewalks. Requiring the owners of real property to build and maintain public sidewalks in the area of streets immediately adjacent to such property, and, upon the failure of any owner to do so, constructing and maintaining such sidewalks and assessing the cost thereof against such property as a special assessment; Space between curb and sidewalk; weeds, encumbrances. Compelling all persons to care for the untraveled portions of streets lying between the curbs and sidewalks, which abut upon premise's owned, controlled, or occupied by them, and to keep the same free from weeds and from objects which are offensive or hazardous to public health and safety, and, upon the failure of any owner of such property to do so, to cut and remove such weeds and objects and assess the cost thereof against such property as a special assessment; Snow, ice, dirt, etc. Compelling all persons to keep sidewalks which are in the area of streets immediately adjacent to the premises owned, controlled, or occupied by them, free from snow, ice, dirt, wood, weeds, or any other object which obstructs such sidewalks, or which makes the same offensive or hazardous to the public health or safety, and upon the failure of any owner of such property to remove or cut such objects and assess the cost thereof against such property as a special assessment; Street grades, public utilities; railroads. Providing for the grade of streets and requiring public utility users of the streets to conform thereto with respect to their tracks or facilities located on, above or under the streets; requiring railroads to keep their tracks and the street surface between, and for a distance of one and one half feet or such other distance as may be required by federal or state law, on each side of them in reasonable repair at all times; and requiring railroads to give warning by person or automatic signal of the approach of trains upon or across the streets; Vehicles, trains; speed, stopping, parking. Regulating the speed of vehicles, trains, and locomotives upon or across the streets within the



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provisions and limitations of law, and the stopping and parking of the same upon the streets and at street crossings; Streets, alleys; lighting. Providing for and regulating the lighting of streets and alleys; Same; preventing encumbrances. Preventing and abating the encumbering of streets and alleys or any part thereof; Buildings, street numbers. Providing for and regulating the numbering of buildings upon property abutting streets and alleys and compelling the owners and occupants thereof to affix numbers thereto; Public ways; public utilities, use. Providing for the use by others than the owner, of property located on or under the streets, alleys, and public places in the operation of a utility, upon the payment of a reasonable compensation therefor to the owner;

State law reference— Permissible that Charter provide for joint use of public property, MCL 117.4h(2).

Trees and shrubs. Providing for the planting and general care and protection of trees and shrubbery within streets and public places, and requesting or preventing the cutting of limbs and branches for the placing and maintenance of utility wires;

Public improvements. To undertake any public work or make any public improvement or any repair or replacement thereof whether directly or by contract with private persons; and to participate in any public work or public improvement under any lawful plan by which the whole or partial support of such work or improvement is provided by another governmental unit or agency; Public buildings. To construct, provide, maintain, extend, operate, and improve:

Office, community buildings. Within the city; a city hall; city office buildings; community buildings; police stations; fire stations; civic auditoriums; public libraries; and polling places; and, Parks, recreation, transportation, public utility facilities. Either within or without the corporate limits of the city or of Macomb County; public parks; recreation grounds; stadiums; municipal camps; public grounds; zoological gardens; museums; airports and landing fields; cemeteries, levees, embankments, and channels for flood control and other purposes related to the public health, safety, and welfare; electric light and power plants and systems; gas plants and systems; public heating plants and systems; waterworks and water treatment plants and systems; sewage disposal plants and systems; storm sewers; garbage disposal facilities; refuse and rubbish disposal facilities; market houses and market places; public transportation facilities; facilities for the storage and parking of vehicles; hospitals; facilities for the landing of helicopters; and any other structure or facility which is devoted to or intended for public purposes within the scope of the powers of the city;

Property for public use. To acquire by purchase, gift, condemnation, construction, lease, or otherwise, property, and interests in property, either within or without the corporate limits of the city or of Macomb County, for any public use or purpose within the scope of its powers, including, but not by way of limitations, the uses and purposes set forth in this section, and including the necessary lands therefor;

State law reference— Permissible that Charter provide for condemnation, MCL 117.4e(2).



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Joint government agreements. To join with any municipal corporation or with any other unit of government, or with any number or combination thereof, by contract, or otherwise, as may be permitted by law, in the ownership, operation, or performance, jointly, or by one or more on behalf of all, of any property, facility, or service which each would have the power to own, operate, or perform separately.

Sec. 3.2 - Vested rights and liabilities continued.

After the effective date of this charter, the city and all its agencies shall be vested with all property, moneys, contracts, rights, credits, effects, and the records, files, books, and papers of the village of Warren and the township of Warren, of which the city shall, in each case, be the successor. No right or liability, contract, lease, or franchise, either in favor of or against either the said village or the said township, existing at the time this charter became effective, and no suit or prosecution of any character, shall be affected in any manner by any change resulting from the incorporation of the city or the adoption of this charter, but the same shall stand or proceed as if no change had been made, except that the same shall be in the name of the city as the successor to the said village and township. All taxes, debts, and liabilities, due to the said village and township from any person, and all fines and penalties, imposed and existing at the time of the incorporation of the city and effective date of its charter, shall be collected by the city.

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 4. - OFFICERS >>

CHAPTER 4. - OFFICERS

Sec. 4.1 - City officers.Sec. 4.2 - Eligibility for city office; general qualifications.Sec. 4.3 - Certain persons ineligible for city office.Sec. 4.4 - Terms of office.Sec. 4.5 - Notice of appointments.Sec. 4.6 - Compensation of officers.Sec. 4.7 - Oath of office.Sec. 4.8 - Surety bonds.Sec. 4.9 - Giving of surety by officers forbidden.Sec. 4.10 - Vacancies of office.Sec. 4.11 - Resignations.Sec. 4.12 - Removal of officers.Sec. 4.13 - Recall.Sec. 4.14 - Filling vacancies.Sec. 4.15 - Delivery of office to successor.

Sec. 4.1 - City officers.

The elective officers shall be the mayor, the seven council members, the clerk, and treasurer.



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The appointive officers shall be the city attorney, the assessor, the controller, the police commissioner, the fire commissioner, the director of public service and other department heads, and members of the several boards and commissions created by or under authority of this charter.

(Amended by electors on 11-2-10) Editor's note— The municipal court was abolished by MCL 600.9921, which created the district court system.

State law reference— Mandatory that Charter provide for election or appointment of a mayor, clerk and treasurer, and such officers as may be deemed necessary, MCL 117.3(a).

Sec. 4.2 - Eligibility for city office; general qualifications.

Except as otherwise provided in this charter, a person is eligible to hold an elective city office if he has been a registered elector of the city, or of territory annexed to the city, or both, for at least two years immediately preceding his election or appointment. This requirement may be waived as to persons appointed to the offices of assessor, controller, and any office created by the council, other than membership on a board, by resolution concurred in by not less than five members of the council. When such requirement is waived, the appointment shall be provisional, until the appointee becomes a registered elector of the city. No person shall hold office under a provisional appointment after one year from the date of his first appointment. The council shall be the judge of the election and qualifications of its members, subject to the general election laws of the state and review by the courts, upon appeal.

State law reference— Mandatory that Charter provide for qualifications of its officers, MCL 117.3(d).

Sec. 4.3 - Certain persons ineligible for city office.

A person who has been convicted of violating any provision of the election laws of the state or of the city, or who has been convicted of a felony or of an offense involving a violation of his oath of office, or who is in default to the city, shall not be eligible for any city office. No person shall simultaneously hold two city offices or a city office and a city employment, nor shall any person simultaneously hold an elective city office and an elective county and school district office. No person who holds an elective county or school district office shall be eligible to qualify for or to assume an elective city office to which he has been elected, until he first resigns from the elective county or school office held by him. Any elective officer who assumes an elective county or school district office shall thereupon be deemed to have vacated the city office held by him. A person who holds or has held an elective city office shall not be eligible for appointment to a city office or employment, for which compensation is paid by the city, until one year has elapsed following the term for which he was elected or appointed. A person shall not be eligible to hold the office of mayor, city council, city clerk or city treasurer for more than the greater of three (3) complete terms or twelve (12) years in that particular office. This provision shall be applied to commence with the term of office that took effect after the election on November 7, 1995.

(Res. of 7-14-98) State law reference— Mandatory that Charter provide for qualifications of its officers, MCL 117.3(d).

Sec. 4.4 - Terms of office.



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The terms of office of all elective officers shall be two years, commencing on and dating from the Monday following their election, unless otherwise provided in this charter. Each appointive officer, except members of boards, shall serve at the pleasure of the officer or authority appointing him. The term of office of each appointive officer to serve on any city board except the library board, the board of review, and the civil service commission of the policemen's and firemen's civil service plan, shall be for three years and shall commence on that date from July 1 of the year in which his appointment is made, except where the appointment is to fill a vacancy. With the consent of the council, and for so long as the council shall permit, an officer may continue, provisionally, in the office held by him, after the expiration of his term, until his successor has been elected or appointed and has qualified for the office. A person shall not hold the office of mayor, city council, city clerk or city treasurer for more than the greater of three (3) complete terms or twelve (12) years in that particular office.

(Res. of 7-14-98)

Sec. 4.5 - Notice of appointments.

Within three days after a person has been elected to office or an appointment has been made or confirmed, if confirmation is required, the clerk shall mail to the person elected or appointed a certificate of such election or appointment.

Sec. 4.6 - Compensation of officers.

The council shall fix the compensation for all officers, except as otherwise provided by law. The council shall not act to change the compensation of any elected officer after the thirtieth day preceding the last day for filing nomination petitions for that office, or of an appointive officer, serving for a definite term, after his appointment. Reasonable expenses may be allowed to officers when actually incurred and after they have been audited by the controller.

State law reference— Mandatory that Charter provide for the compensation of its officers, MCL 117.3(d).

Sec. 4.7 - Oath of office.

Every officer, before entering upon his duties, and all employees designated by the council, before entering upon their employment, shall take and subscribe to the oath prescribed by Section 2 of Article XVI of the Constitution, and shall file the same with the clerk. Such oath shall, in each case be taken and subscribed before the clerk, except that the clerk shall do so before the mayor.

Editor's note— The constitutional oath of office found in Article XVI, Section 2 of the 1908 Michigan

Constitution was incorporated without change into Article XI, Section 1 of the 1963 Michigan Constitution.

Sec. 4.8 - Surety bonds.

The council may require any officer or employee to give a bond, to be approved by the city attorney, in such sum as the council determines. The bond shall be conditioned upon the



faithful and proper performance of the duties of the office or employment concerned. All officers and employees who receive, distribute, or are responsible for city funds or investments shall be bonded. The resignation, removal, or discharge of any officer or employee, or the appointment of another person to the office or employment, shall not exonerate the officer or employee or his sureties from any liability incurred by them. All official bonds shall be corporate surety bonds and the premiums thereof shall be paid by the city. No official bonds shall be issued for a term exceeding three years, except bonds which are required of officers serving terms of office which are longer than three years. No bond shall be renewed upon its expiration but a new bond shall be furnished in each case. The bonds of all officers and employees shall be filed with the clerk, except that the clerk's bond, unless he is covered within the scope of a blanket surety bond, shall be filed with the treasurer. The requirements of this section may be met by the purchase by the city of one or more blanket corporate surety bonds covering all or any group or groups of the officers and employments of the city. Any officer or employee who is covered by a blanket surety bond need not be bonded individually for the purpose of qualifying for office.

Sec. 4.9 - Giving of surety by officers forbidden.

No officer shall give or furnish any bail or recognizance in connection with any complaint or warrant charging the violation of a city ordinance, give or become surety, or be the agent of any surety or insurer in connection with any license granted by the city or with respect to which the approval of the council or any officer of the city is required. A violation of this section shall be a violation of this charter.

Sec. 4.10 - Vacancies of office.

A city office shall become vacant upon the occurrence of any of the following events: expiration of the term of office; death of the incumbent; resignation; removal from office; ceasing to be an inhabitant of the city; conviction of an infamous crime or of an offense involving a violation of oath of office, default to the city, unless such default is eliminated within thirty days after written notice thereof by the clerk upon the direction of the council, or, unless the officer, in good faith, contests his liability for the default; a decision of a competent tribunal declaring the officer's election or appointment void; failure to take the oath or file the bond required for the office within ten days from the date of election or appointment or within such other time as the council may fix; in the case of councilmen, absence from four consecutive regular meetings of the council unless such absences be excused by the council at the time they occur, or from ten regular meetings in any calendar year; in the case of other elective officers, absence from the city or failure to perform the duties of such office for ninety days, unless such absence from the city or failure to perform the duties of office shall be excused by the council prior to the expiration of such ninety day period; or any other event which, by law, creates a vacancy. In any case, absence from council meetings or from the city on city business at the direction or with the approval of the council shall not be included in the number of meetings or duration of absence set herein for creating a vacancy.

Sec. 4.11 - Resignations.

A resignation from office shall become effective immediately upon the acceptance thereof by the appointing authority in the case of appointive officers, and by the council in the case of elective officers. Resignations of elective officers shall be made in writing and filed with the clerk. Resignations of appointive officers shall be made in writing to the appointing



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officer. The appointing officer or the clerk, as the case may be[,] shall announce the resignation of any officer to the council at its next meeting.

Sec. 4.12 - Removal of officers.

With the consent of the council, the mayor may remove any appointive officer whose appointment was required to be approved by the council. He may suspend any such officer pending an investigation of any complaint or charge against him. Officers appointed by the mayor not requiring council confirmation, may be suspended or removed by him at any time.

Sec. 4.13 - Recall.

An elective officer may be recalled, and the vacancy thereby created shall be filled, in the manner prescribed by law.

State law reference— Permissible that Charter provide for recall of its officers, MCL 117.4i(6); recall generally, MCL 168.951 et seq. See also Mich. Const. 1963, Art. 11, § 8.

Sec. 4.14 - Filling vacancies.

If a vacancy occurs in the office of city clerk, city treasurer, or one of the five city council districts, other than by recall, the council shall, within thirty days thereafter fill the vacancy for the balance of the unexpired term thereof. If a vacancy occurs in the membership of council at-large district, the unexpired term of such member shall be filled by the person receiving the highest number of votes of those who did not finish in the top two at the last council election. If for any reason said person would not then qualify for said office, the unexpired term would pass to the next highest eligible vote recipient of said election. However, if the vacancy occurs in the membership of any council position within forty days prior to a regular city election, it shall not be filled. Except as otherwise provided in this charter, if a vacancy occurs in an appointive office, such vacancy shall be filled within thirty days thereafter in the manner provided for making the original appointment: provided that such time may be extended, for not to exceed sixty days[,] by council resolution setting forth the reasons therefor. (Amended by electors on 11-8-77; amended by electors on 11-2-10)

Sec. 4.15 - Delivery of office to successor.

Whenever an officer or employee resigns, or is removed from office, or his tenure in office expires, he shall deliver, forthwith, to his successor in the office or to the mayor all books, records, papers, moneys, and effects in his custody which were necessary to or were obtained as a part of the performance of his duties. A violation of this section shall be a violation of this charter.

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 5. - THE CITY COUNCIL >>



(a)

(b)

(c)

(d)

CHAPTER 5. - THE CITY COUNCIL

Sec. 5.1 - The city council.Sec. 5.2 - Organization of the council.Sec. 5.3 - Meetings of the council.Sec. 5.4 - Health functions of council.Sec. 5.5 - Restrictions of power of the council.

Sec. 5.1 - The city council.

The council shall consist of seven members, one of whom shall be the mayor pro-tem. There shall be five council districts and one at-large district established in the city. One member shall be elected from each of the five (5) council districts and two members shall be elected at-large. Each candidate for a city council district shall be a resident of the council district he or she seeks to represent. A city council member's office is vacated if the member moves his or her residence outside of the council district that the member represents. Within 60 days after voter approval of the charter amendment herein, the redistricting commission shall meet and adopt an apportionment plan for the five (5) council districts. The redistricting commission shall consist of five (5) members, which shall be the three (3) members of the election commission and 2 citizen representatives appointed by the mayor and confirmed by the city council. The redistricting commission shall thereafter meet within 30 days after publication of the latest official figures of the federal decennial census to reapportion the city. The city redistricting commission shall adopt its own rules of procedure. Three (3) members constitute a quorum and all actions shall be by majority vote. The redistricting commission shall provide for equal representation for each single-member council district, and each single-member council district shall be as nearly equal in population and compact as is practicable based on the latest federal decennial census. In subsequent reapportionments, the apportionment plan shall make only incremental changes to the single-member election district boundaries that are necessary to accommodate population change requirements. Each single-member election district shall be designated by number. Candidates seeking nomination for the office of city council shall continue to follow section 13.6 of this charter. However, a candidate for city council district member may submit a petition signed by a number of voters of the district equal in number to not less than one per cent nor more than four per cent of the number of votes cast in the district for the office of secretary of state at the last preceding November election. In lieu of a petition, all candidates may submit a $100 filing fee pursuant to the provisions in section 13.6 of this charter. Any charter provision which requires the affirmative majority vote of five (5) members of the council is hereby superseded and shall hereafter require the affirmative vote of four (4) members of council. Any charter provision which requires a supermajority vote of six (6) members of the council is hereby superseded and shall hereafter require the affirmative vote of five (5) members of council. Four (4) members of city council shall constitute a quorum.

(Amended by electors on 11-2-10) Editor's note—



(a)

(b)

(c)

(d)

(e)

Compensation of the council has been superseded by Code of Ordinances Section 2-181 et seq., which created the Local Officers Compensation Commission pursuant to MCL 117.5c.

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

Sec. 5.2 - Organization of the council.

The council shall meet and organize on the first Monday following each regular city election. At such meeting, or within two weeks thereafter, the council shall appoint such standing committees as it shall deem fit and do such other acts as may be required for its organization and the conduct of its business. The council shall appoint a secretary of the council who shall attend all its meetings and keep a permanent journal, in [the] English language, of its proceedings, which journal shall become official when approved by the council and filed with the clerk.

State law reference— Mandatory that Charter provide for keeping of a journal of every session, MCL 117.3(m).

Sec. 5.3 - Meetings of the council.

The council shall meet in the established council chambers or such other place as may be established by ordinance and shall hold at least two regular meetings in each month. All regular meetings of the council shall be held in the evening at the time and on the days established by ordinance. If any time set for the holding of a regular meeting of the council shall be a holiday, then such regular meeting shall be held at the same time and place on the next secular day which is not a holiday. Special meetings of the council shall be held at the regular meeting place of the council. Special meetings shall be called by the secretary of the council on the written request of the mayor or any three members of the council, on at least six hours written notice to each member of the council, designating the time and purpose of such meeting, and served personally on each member of the council, or left at his usual place of residence by the secretary of the council or by someone designated by him. Notwithstanding the foregoing requirements for the calling of special meetings, any special meeting of the council shall be a legal special meeting if all members are present thereat, or in the event that any member or members be absent, if all absent members have, in writing, waived the requirement that notice be given: provided, that a quorum be present. At the time of sending out or the delivery of notices for any special meeting, a copy of the notice of such meeting shall be also sent out or delivered to the offices of the newspaper or newspapers published in the city. Proof of the service of notices required by this section or of the waiver thereof shall be entered in the journal of such meeting. (Amended by electors on 4-3-61) No business shall be transacted at any special meeting of the council, except that stated in the notice of the meeting.All regular and special meetings of the council shall be public meetings and the public shall have a reasonable opportunity to be heard. Five members of the council shall be a quorum for the transaction of business at all of its meetings. In the absence of a quorum, any number less than a quorum may adjourn any meeting to a later date.



(f)

(g)

(h)

(i)

(j)

The council shall determine its own rules and order of business and shall keep a journal, in the English language, or all its proceedings. The journal of each meeting of the council shall be signed by the secretary of the council. The vote upon the passage of all ordinances, and upon the adoption of all resolutions shall be taken by "yes" or "no" votes and shall be entered upon the record, except that, where the vote is unanimous, it shall only be necessary to so state. The public shall have access to the minutes and records of all regular and special meetings of the council. The secretary of the council shall prepare an agenda of business to be considered at each regular council meeting, and, except when this rule is waived by the affirmative vote of five members of the council, no item of business shall be placed on the agenda for a council meeting, unless notice thereof was filed in the office of the secretary of the council by 5:00 o'clock, p.m., on the third secular day preceding such meeting. The council shall prescribe by rule the items of routine business which shall be placed on each agenda without the necessity of giving notice thereof to the secretary of the council. The council may consider any matter not on the agenda by the vote of five members. Each member of the council shall attend all council meetings. The council may compel the attendance of its own members and of all other officers and department heads of the city at its meetings, and may enforce fines for nonattendance in such amount and manner as it may, by ordinance, prescribe. Any member of the council, or other officer of the city, who refuses to attend such meetings, for reasons other than confining illness, or to conduct himself in an orderly manner thereat, shall be deemed guilty of a violation of this charter. The police chief, or such other person as the council shall designate, shall serve as the sergeant-at-arms of the council in the enforcement of the provisions of this section to maintain order at council meetings. Each member of the council shall vote on each question before the council for a determination, unless excused therefrom by the affirmative vote of at least five of the members, but no member of the council shall vote on any question upon which he has a private interest or a financial interest other than as a citizen of the city. If a question is raised under this section at any council meeting, such question shall be determined before the main question shall be voted on, but the council member affected shall not vote on such determination. Except in those cases where a large majority is required by law or the provisions of this charter, no ordinance or resolution shall be adopted or passed, nor shall any other official action be taken, except by the affirmative vote of at least five members.

Editor's note— The Open Meetings Act (MCL 15.261 et seq.) supersedes all local Charter provisions which

relate to requirements for meetings of local public bodies to be open to the public.

State law reference— Mandatory that Charter provide that all meetings of the council shall be open to the public, MCL 117.3(l); mandatory that Charter provide for keeping of a journal of every session, MCL 117.3(m).

Sec. 5.4 - Health functions of council.

To the extent and for the time that the health functions of the city are joined with or absorbed by the health department of the county of Macomb, as provided or permitted by law, the powers normally exercised by boards of health in cities shall be exercised for the city by such health department. In the event that the health department of Macomb county shall cease to exist or to exercise and perform any of the health functions of cities which are



normally exercised by the boards of health thereof, the council shall constitute the board of health of the city and shall exercise and perform such functions.

Sec. 5.5 - Restrictions of power of the council.

The council shall not have the power to make any contract with or give any official position to any person who is in default to the city. Except in the course of an investigation, neither the council, nor any of its committees shall deal directly with any appointive administrative officer or department of the city, but shall conduct its affairs with such officers and departments through the mayor. Further, the council shall not have the power to sell any park, cemetery, or any part thereof, except where such park is not required under an official master plan of the city, or any property bordering on a water front, or to engage in any business enterprise requiring an investment of money in excess of ten cents per capita, unless approved by three-fifths of the electors of the city, voting thereon at any general or special election.

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 6. - CITY LEGISLATION >>

CHAPTER 6. - CITY LEGISLATION [4]

Sec. 6.1 - Legislative power.Sec. 6.2 - Prior legislation preserved.Sec. 6.3 - Introduction, consideration, and style of ordinances.Sec. 6.4 - Publication of ordinances.Sec. 6.5 - Penalties.Sec. 6.6 - Time limit for prosecution of ordinance violations.Sec. 6.7 - Proceedings for prosecution of ordinance violations.Sec. 6.8 - Veto of council action.Sec. 6.9 - Initiative or referendary petition.Sec. 6.10 - Same; council procedure.Sec. 6.11 - Same; submission to electors.Sec. 6.12 - Same; status of ordinances adopted.Sec. 6.13 - Same; ordinance suspended.

Sec. 6.1 - Legislative power.

The legislative power of the city is vested exclusively in the council, except as otherwise provided by law.

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

Sec. 6.2 - Prior legislation preserved.

All ordinances, resolutions, rules, and regulations of the Charter Township of Warren and of each administrative agency of the township, to the extent that they are consistent with the provisions of this charter, which are in force on the effective date of this charter, shall



(a)

(b)(c)

(d)

(e)

(a)

(b)

(c)

continue in full force as ordinances, resolutions, rules, and regulations of the city, until repealed or amended.

Sec. 6.3 - Introduction, consideration, and style of ordinances.

Each proposed ordinance shall be introduced in written form. The style of all ordinances passed by the council shall be, "The City of Warren Ordains:". Each ordinance, after adoption, shall be identified by a number.An ordinance may be repealed or amended only by an ordinance passed in the manner provided in this section. An ordinance may be repealed by reference to its number only. If a section of an ordinance is amended it shall be re-enacted and published at length: provided, that this requirement shall not apply to the schedules of one-way streets and of parking limitations contained in any traffic ordinance. Each ordinance shall be recorded by the clerk, forthwith, in the ordinance book, and the enactment of such ordinance shall be certified by him therein.

Sec. 6.4 - Publication of ordinances.

Before an ordinance may become effective, it shall be published in one or more newspapers of general circulation in the city. The effective date of an ordinance shall be stated therein, but shall not be less than twenty days from the date of its adoption, unless it is declared by the affirmative vote of not less than six members of the council to be an emergency ordinance. In the event of the codification of the ordinances, the deposit of two hundred printed copies in the office of the clerk, available for public inspection and sale at cost, shall constitute publication thereof. All codes and other ordinance subject matter, which are or may be permitted by law to be adopted by reference, shall be published in the manner permitted and required by law.

State law reference— Mandatory that Charter provide for the publication of all ordinances before they become operative, MCL 117.3(k); codification authority, MCL 117.5b; authority to adopt technical codes by reference, MCL 117.3(k).

Sec. 6.5 - Penalties.

The council shall provide in the ordinance code for the punishment of violations thereof. Such punishment may be by a fine of not to exceed five hundred dollars or imprisonment for not more than ninety days or both, in the discretion of the court. Such punishment may be provided specifically for any specific part or portion of an ordinance code, where a limitation upon or a greater punishment is desired by the council than that prescribed in the code for the violation of other portions thereof, but such punishment shall not exceed the limitations provided herein, unless otherwise provided or permitted by law. Imprisonment for violations of ordinances may be in the city or the county jail, or in any work house of the state which is authorized by law to receive prisoners of the city.

State law reference— Limitation on penalties, MCL 117.4i(10).

Sec. 6.6 - Time limit for prosecution of ordinance violations.



No prosecution for the violation of an ordinance shall be commenced more than two years after the commission of the offense.

Sec. 6.7 - Proceedings for prosecution of ordinance violations.

Except as may be inconsistent with or otherwise provided in chapter 12 of this charter, all proceedings relative to the arrest, custody, and trial of persons accused of the violation of ordinance shall be governed by and conform, as nearly as may be, with the provisions of law relating to proceedings in criminal cases cognizable by justices of the peace.

State law reference— Criminal procedure for ordinance violations, MCL 764.9a et seq.

Sec. 6.8 - Veto of council action.

No ordinance or resolution of the council, except a resolution disapproving an appointment of the mayor, shall have any force or effect if, within ninety-six hours after the adoption thereof, the mayor, or the mayor pro-tem when acting in his stead, shall file in the office of the clerk a notice, in writing, suspending the operation of such ordinance or resolution and setting forth his reasons therefor. In each case where the mayor shall file such notice, such ordinance, or resolution shall not go into effect, unless the council shall, at one of the next two regular meetings of the council thereafter vote to adopt such ordinance or resolution by the affirmative vote of not less than six of its members. If any such ordinance or resolution shall be passed, it shall become effective according to the terms thereof as originally adopted, except that it shall not be effective prior to ten days after the time of its last adoption as required herein. (Amended by electors on 4-3-61)

Sec. 6.9 - Initiative or referendary petition.

An initiatory or a referendary petition shall be signed by not less than fifteen per cent of the registered electors of the city. Before being circulated for signatures, such petitions may be approved as to form by the city attorney. Such petition may be the aggregate of two or more petition papers. Each signer of a petition shall sign his name, and shall place thereon, after his name, the date and his place of residence by street and number, or by other customary designation. To each petition paper there shall be attached a sworn affidavit by the circulator thereof, stating that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was signed in the presence of the affiant. Such petition shall be filed with the clerk who shall, within ten days, canvass the signatures thereon to determine the sufficiency thereof. Any signatures obtained more than ninety days before the filing of such petition with the clerk shall not be counted. If found to contain an insufficient number of signatures of registered electors of the city, or to be improper as to form or compliance with the provisions of this section, the clerk shall notify forthwith the person filing such petition and ten days from such notification shall be allowed for the filing of supplemental petition papers. When found sufficient and proper, the clerk shall present the petition to the council at its next regular meeting.

State law reference— Permissible that Charter provide for initiative and referendum, MCL 117.4i(g).

Sec. 6.10 - Same; council procedure.

Upon receiving an initiatory or referendary petition from the clerk, the council shall, within thirty days either:



(a)

(b)

If it be an initiatory petition, adopt the ordinance as submitted in the petition or determine to submit the proposal to the electors; or if it be a referendary petition, repeal the ordinance to which the petition refers or determine to submit the proposal to the electors.

Sec. 6.11 - Same; submission to electors.

Should the council decide to submit the proposal to the electors, it shall be submitted at the next election held in the city for any purpose, or, in the discretion of the council, at a special election. The result shall be determined by a majority vote of the electors voting thereon, except in cases where otherwise required by law.

Sec. 6.12 - Same; status of ordinances adopted.

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

Sec. 6.13 - Same; ordinance suspended.

The certification by the clerk of the sufficiency of a referendary petition within thirty days after the passage of the ordinance to which such petition refers shall automatically suspend the operation of the ordinance in question pending repeal by the council or final determination by the electors.

FOOTNOTE(S):(4) State Law reference— Mandatory that Charter provide for ordinances, MCL 117.3(k); general authority relative to adoption of ordinances, Mich. Const. 1963, Art. VII, § 22. (Back)

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 7. - CITY ADMINISTRATION >>

CHAPTER 7. - CITY ADMINISTRATION

Sec. 7.1 - Administrative responsibility.Sec. 7.2 - Election and term of office.Sec. 7.3 - Duties of the mayor.Sec. 7.4 - Mayor pro-tem.Sec. 7.5 - Salary.Sec. 7.6 - Administrative appointments.Sec. 7.7 - Member of certain boards.Sec. 7.8 - Salaries.Sec. 7.9 - Departmental rules; appointing authority.Sec. 7.10 - Department of law.Sec. 7.11 - Department of the city clerk.Sec. 7.12 - Department of the treasury.



(1)(2)

Sec. 7.13 - Deputies.Sec. 7.14 - Department of assessment.Sec. 7.15 - Department of accounting.Sec. 7.16 - Public safety.Sec. 7.17 - Department heads of the police and fire departments.Sec. 7.18 - Police and fire department personnel.Sec. 7.19 - Functions of the police department.Sec. 7.20 - Functions of the fire fighting and preventing force.Sec. 7.21 - Department of public service.Sec. 7.22 - Planning department.Sec. 7.23 - Library commission.Sec. 7.24 - Department of parks and recreation.Sec. 7.25 - Additional administrative powers and duties.Sec. 7.26 - Additional departments and agencies.Sec. 7.27 - Nepotism.Sec. 7.28 - Civil service.Sec. 7.29 - Employees' group benefits.

Sec. 7.1 - Administrative responsibility.

The executive or administrative powers of the city, except as herein otherwise provided, are hereby vested in and shall be exercised by the mayor and the administrative officers, boards, and commissions prescribed or permitted to be created by this charter.

Sec. 7.2 - Election and term of office.

A mayor, a clerk, and a treasurer shall be elected at each regular city election. The mayor shall be a person who has been a resident of the city for at least three years immediately prior to the filing of his nominating petition or declaration of candidacy, and who possesses the further qualifications prescribed in chapter 4 of this charter.

Editor's note— Three-year residency requirement for mayor held violative of equal protection by Bolanowski

v. Raich, 330 FS 725 (U.S. E.D. Mich. 1971).

State law reference— Mandatory that Charter provide for election of a mayor, and election or appointment of a clerk and a treasurer, MCL 117.3(a).

Sec. 7.3 - Duties of the mayor.

Under the provisions of this charter, insofar as is required by law, and for all ceremonial purposes, the mayor shall be the administrative and executive head of this city. He shall be a conservator of the peace and may exercise within the city the powers conferred upon sheriffs to suppress disorder. He shall have authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances and regulations of the council, and the authority of the city government. The powers and duties of the mayor shall include the following duties and functions:

Keep an office in a convenient place to be provided by the council;See that all laws and ordinances are enforced within the city;



(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

Except as in this charter otherwise provided, have power of appointment and removal over officers, departmental directors, and the members of commissions and boards; See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise, or in any contract, are faithfully kept and performed; Authenticate by his signature such instruments and proceedings as are required to be authenticated by him by law or by the council; Prepare the annual budget proposal and present it to the council with an explanation thereof at the time and in the manner required by this charter; Keep the council fully advised at all times as to the financial conditions and needs of the city;On or before the first day of September in each year, prepare and submit to the council and the public, as of the end of the fiscal year, a complete report of the finances and administrative activities of the city during the prior fiscal year; Recommend to the council for adoption such measures as he may deem necessary or expedient;Be responsible for the efficient administration of all departments of the city government;Approve the administrative rules and regulations of the several directors, commissions, or boards in charge of the departments of the city government, before such rules and regulations shall be filed with the city clerk; Require and receive monthly reports relative to the activities of each department from the respective department heads;Act as and be the sole spokesman for the administrative service and officers of the city, except for the clerk, the treasurer, and the assessor insofar as their duties are provided by law; Exercise and perform all administrative functions of the city which are not imposed by law or ordinance on some other city officer or agency; Exercise such other powers and perform such other duties as may be prescribed by law, or as may be required of him by ordinance or by direction of the council; Keep himself informed and report to the council, either of his own accord or in answer to questions put by the council, concerning the work of the several administrative officers and departments of the city and, to that end, secure from the officers and the heads of all administrative departments such information and periodical or special reports as he or the council may deem necessary; Perform all acts required by law, whether herein specifically enumerated or not.

State law reference— Mandatory that Charter provide for the qualifications and duties of its officers, MCL 117.3(d).

Sec. 7.4 - Mayor pro-tem.

The person who receives the highest number of votes for election to the council in the at-large district shall be mayor pro-tem during his or her term of office. In case of a vacancy in the office of mayor, or his inability to perform the duties of the office by reason of sickness, absence from the city, or other cause, the mayor pro-tem shall be the acting mayor. In case there shall be a vacancy in the office of the mayor pro-tem or he or she shall be unable to perform the duties of his office by reason of sickness, absence from the city, or other cause, the order of succession to fill the vacancy, either temporarily or permanently, shall be



(a)

(b)

according to the number of votes received by the several members of the council, in descending order. In case of a vacancy in the office of mayor, the mayor pro-tem shall succeed to the office of mayor for the balance of the mayor's term, and shall receive the compensation of the mayor for that time. In the event that the mayor pro-tem shall succeed to the office of mayor, a vacancy shall be deemed to exist on the council, which shall be filled by appointment in the manner provided in this charter. If any mayor pro-tem shall refuse to succeed to the office of mayor, the order of succession to succeed to such office shall be as herein provided for succeeding to the office of mayor pro-tem.

(Amended by electors on 11-2-10)

Sec. 7.5 - Salary.

The mayor shall be paid a salary of $14,000 per annum. Such salary shall be payable monthly and, except as otherwise provided in this charter, shall constitute the only compensation which may be paid for his services to the city.

Editor's note— Compensation of the mayor has been superseded by Code of Ordinances Section 2-181 et

seq., which created the Local Officers Compensation Commission pursuant to MCL 117.5c.

State law reference— Mandatory that Charter provide for compensation of its officers, MCL 117.3(d).

Sec. 7.6 - Administrative appointments.

With the exception of the board of trustees of the City of Warren Employees Retirement System which shall be filled pursuant to section 16.3 of this charter, the mayor shall appoint the appointive officers of the city, the directors of the departments of the city, and members of the commissions and boards of the city, whether the same be established by this charter, or by ordinance: Provided, however, that appointments to the offices of city attorney and assessor shall not be effective, until confirmed by the council. In any case where the council shall not act upon the mayor's appointment of a person as city attorney or assessor at the regular council meeting at which it is announced or at the next subsequent regular council meeting, such appointment shall be deemed to have been confirmed by virtue of such failure to act. The mayor shall certify to the clerk, in writing, the names of each appointee to an appointive office within five days after such appointment is made and shall announce such appointment to the council at the next regular council meeting following the date of such appointment. The term of office of each appointee may be terminated forthwith, if the council, at such meeting or at its next subsequent regular council meeting[,] shall disapprove such appointment by a resolution which shall state the reasons for such disapproval. In the event of such a disapproval, the mayor may reappoint the person disapproved. If such appointee be again disapproved by the council, the mayor may not again make such appointment in the calendar year in which disapproval occurred. (Amended by electors on 11-8-77) The appointive administrative officers, the director of any department or member of any commission or board of the city government, and such directors and members as are appointed by the mayor shall hold office at the discretion of the mayor; provided, that, if a definite term of office is specified in this charter, the person holding that office shall



(a)

(1)

(2)

(3)

(4)

(b)

(1)

hold his office for the full term so specified, unless a vacancy is created in such office as in this charter provided.

Sec. 7.7 - Member of certain boards.

The mayor shall be a non-voting member of all boards and commissions of the city.

Sec. 7.8 - Salaries.

Except as otherwise provided by this charter, the salaries of the directors of the city departments shall be set in the annual city budget. The salaries and remuneration of the personnel of the departments of the city government shall be subject to budget appropriations.

Sec. 7.9 - Departmental rules; appointing authority.

Subject to the provisions of this charter, the director, commission, or board in charge of each department of the city government shall formulate all rules and regulations required for the organization and conduct of his or its department and of the divisions under his or its jurisdiction which shall be approved by the mayor and shall thereupon become effective when filed in the office of the clerk. Unless otherwise provided in this charter, each such director, commission, or board shall be the appointing authority for his or its department and, as such, shall be responsible for the appointment of all division heads, and personnel of his or its department.

Sec. 7.10 - Department of law.

The administrative head of the department of law shall be the city attorney, who shall be directly responsible to the council. The duties of the department shall include, but shall not be limited to, the following:

Acting as legal advisor to the council and shall attend its meetings, unless excused therefrom;Advising officers and boards in writing, in matters relating to their official duties, when so requested by them;Prosecuting charter and ordinance violations and conducting such cases in court and before other legally constituted tribunals as the council may direct; Preparing or reviewing all ordinances, contracts, bonds, and other written instruments which are submitted by the council or by the officers and boards in matters of legal nature relating to the affairs of the city.

No board or officer shall employ or retain special counsel in any matter relating to the affairs of the city without first securing the approval of such employment or retainer by the council.

Sec. 7.11 - Department of the city clerk.

The administrative head of the department of the city clerk shall be the city clerk, in this charter called "clerk". The compensation of the clerk shall be $9,500.00 per year, payable monthly. Such compensation shall constitute the only compensation which may be paid for his services to the city. [5] His duties shall be as follows:



(2)

(3)

(4)

(5)

(6)

(7)(8)

(9)

(a)

(b)

(c)

(a)

He shall certify, by his signature, all ordinances, resolutions, and other actions of the council and shall keep a record thereof, which shall be public; He shall, upon request, administer any oath required for municipal purposes by law and the ordinances of the city;He shall be custodian of all papers, documents, surety bonds, and records which pertain to the city, the custody of which is not otherwise provided; He shall be custodian of the city seal and shall attest such documents and instruments;He shall give ample notice to the council of the expiration or termination of any franchise, contract, or agreement to which the city is a party, and to officers, personally, of any official bonds required of them also expiration of terms; He shall provide and maintain in his office a supply of forms for all petitions required to be filed for any purpose by the provisions of this charter [or] any ordinance of the city; He shall be the chief elections officer of the city;He shall be the custodian of the records of each board, except as otherwise provided for in this charter, but may act in such capacity by designated deputies or representatives; He shall perform all duties required of him by law and the ordinances of the city.

Sec. 7.12 - Department of the treasury.

The head of the department of the treasury shall be the treasurer. The compensation of the treasurer shall be $9,500.00 per year, payable monthly. Such compensation shall constitute the only compensation which may be paid for his services to the city. [6] He shall receive all moneys belonging to and receivable by the city, that may be collected by any official or employee, including license fees, taxes, assessments, and all other charges belonging to and payable to the city and also moneys available to the city from the state, county, or federal government, or any court, and shall have custody of all public funds belonging to or under the control of the city. He shall deposit all such funds in such depositories as may be designated by the council in accordance with law and shall pay no money out of the treasury, except pursuant to authority of the council signed by the secretary of the council and countersigned by the controller. He shall have custody of all investments and invested funds of the city or in its possession in a fiduciary capacity and shall have and be responsible for the safekeeping of all bonds and notes of the city and for the receipt and delivery of city bonds and notes for transfer, registration, or exchange.

Sec. 7.13 - Deputies.

The clerk and the treasurer, and such other administrative officers as the council shall permit to have deputies, shall appoint and remove their own deputies.

Sec. 7.14 - Department of assessment.

The head of the department of assessment shall be the assessor. He shall possess all the powers vested in, and is charged with all the duties imposed upon, assessing officers by law.



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He shall perform such other duties as may be prescribed for him by the ordinances and directives of the council, insofar as they are not inconsistent with the provisions of this charter.

Sec. 7.15 - Department of accounting.

The head of the department of accounting shall be the controller. He shall prescribe the organization of his department, subject to the provisions of this charter, and shall provide for the duties, authorities, and responsibilities of the division heads, insofar as the same does not interfere with the performance of any duty or act which is required of a division head by law, to the end that the financial affairs of the city may be systematic and shall accurately reflect the financial status of the city's government at all times. He shall:

Collect for the mayor operating expense estimates and the capital estimates for each annual budget;Submit to the council at any meeting during the next following month, monthly financial statements in sufficient detail to show the exact financial condition of the city; Prepare for submission to the mayor and council, at the end of each fiscal year, a complete statement and report of the city's financial status: provided, that such statement shall not constitute or stand in lieu of the annual audit required in Chapter 8 of this charter; Maintain a general accounting system for the city and each of its offices, departments, and boards, and, supervise the disbursement of all city moneys and have control over all expenditures thereof, so as to insure that the budget appropriations are not exceeded: provided, that such accounting system shall be in conformance with any uniform system of accounts as may be required by law; Check all proposed expenditures and, before any contract which requires the expenditure of public money shall be effective, certify to the availability of appropriated funds therefor. The appropriation under which it is made shall be charged with the amount of the expenditure proposed to be made under such contract. If any such contract shall not be entered into, the amount so charged against such appropriation shall be reinstated and shall be available for other purposes within the intent of the appropriation; Create and be responsible for a division of purchasing which shall serve all departments of the city.

Sec. 7.16 - Public safety.

For the purpose of maintaining peace and order in the city and for protecting persons and property, both a police department and a fire department shall be maintained. Such departments shall not be combined.

Sec. 7.17 - Department heads of the police and fire departments.

The executive head of the police department shall be the police commissioner and the executive head of the fire department shall be the fire commissioner. Subject to the provisions of section 7.6 of this charter, both of these department heads shall be appointed by the mayor and shall be under his supervision and control, and shall be responsible to him in all respects. Each of the said executive heads shall, subject to the approval of the mayor, organize and



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conduct the department under him in a manner consistent with good practices for cities comparable to the City of Warren.

Sec. 7.18 - Police and fire department personnel.

Each member of the police and fire department shall, before entering upon the duties of his office or employment, take an oath similar to that required of officers of the city and shall file a copy thereof which is subscribed by him with the clerk. The plan of civil service for policemen and firemen as established by Act No. 78 of the Public Acts of 1933[1935], [7] as amended, is hereby continued under this charter and incorporated therein by reference, and nothing is hereby added to or deleted from such act, as amended heretofore or hereafter, by such incorporation. (Amended by electors on 4-3-61) Full time policemen and volunteer firemen of the Village of Warren on the effective date of this charter shall be deemed to have been covered by the civil service plan of the Charter Township of Warren as though they had been policemen and firemen of the township, and shall have seniority in service as though they had been policemen and firemen of the township, but shall not have seniority in rank: provided, that to be so eligible for employment by the city, a volunteer fireman of the village shall declare his intention to become a full time fireman of the city and shall qualify for and assume such position on or before July 1, 1957. The civil service commission shall provide a plan for restoring any rank lost by policemen and firemen of the Village of Warren, by reason of their inclusion in the police department and the fire department of the city under authority of this section, at the earliest reasonable time. No officer or employee of the city shall require any officer or employee of the police department to be on duty in such employment for more than eight consecutive hours out of any twenty-four hour period or more than forty hours out of each week: provided, that this requirement shall not apply:

To the head of the police department, orTo any of said employees when required to remain on duty by the head of his department or proper subordinate officers or employees in case of public necessity arising out of riot or emergency, or for disciplinary reasons.

No officer or employee of the city shall require any person in the fire department who is employed in fire fighting or subject to the hazards thereof to be on duty in such employment more than twenty-four hours, or to be off duty less than twenty-four consecutive hours out of any forty-eight hour period. Each employee shall be entitled to an additional twenty-four hours off duty in every eight day period, thereby requiring firemen to work not more than an average of sixty-three hours per week: provided, that this requirement shall not apply:

To the chief officer or to his chief assistant;To the employees of the department who are subject to call; orTo employees when required to remain on duty by the chief officer of the fire department or his aides and assistants in cases of public necessity arising from great conflagration, riot, flood, epidemic of pestilence or disease, necessary absence of regularly employed men due to military service, or for disciplinary reasons.

Sec. 7.19 - Functions of the police department.



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The police force shall have and exercise all the immunities, privileges, and powers of peace officers and sheriffs granted by law, for the preservation of quiet, good order in the city, and for the safety of persons and property therein. The officers and employees of the department shall possess and exercise the powers of arrest granted to peace officers by law and shall promptly take any person who is arrested before the proper magistrate or court to be dealt with according to law. It shall be the duty of the police force of the city to see that all ordinances and regulations of the council made for the preservation of peace and good order and for the safety and protection of the inhabitants of the city are promptly enforced. For the preservation of peace and good order, and as a peace officer, each policeman shall be and is hereby vested, within the territorial limits of the city, with all the powers conferred by law upon sheriffs, and shall have and is hereby vested with all the powers given by law to constables for such purposes. Members of the police department shall have power to serve and execute all processes directed or delivered to them, in all proceedings for violations of the ordinances of the city. Such process may be served by such police officers anywhere within the county of Macomb. When any person has committed or is suspected of having committed any crime or misdemeanor within the city or has escaped from the city jail, the members of the police department of the city shall have the same right, and immunities within respect thereto, to pursue, arrest, and detain such person outside the city limits as the sheriff of the county. Violations of city ordinances shall be deemed to be misdemeanors for the purpose of establishing the power of police officers in making arrests therefor. The council shall have authority to vest the police department with such further powers as may be necessary for the preservation of peace and good order within the city.

Sec. 7.20 - Functions of the fire fighting and preventing force.

The fire fighting and prevention forces shall be responsible for the use, care, and management of the city's fire fighting apparatus and property. They shall conduct such supervisory and educational programs within the city and with its inhabitants and industrial and business interests as will diminish the risk of fire. The fire commissioner, or any person lawfully acting in his stead or under his authority may command any person present at a fire to aid in the extinguishment thereof and to assist in the protection of property thereat. If any person shall wilfully disobey any such lawful requirement or other lawful order of any such officer, he shall be deemed guilty of a violation of this charter. Whenever any building in the city shall be on fire the fire commissioner may, with the consent of the mayor or any two councilmen, order the building, or any building which they may deem likely to communicate fire to other buildings, or any part of such building, to be pulled down and destroyed. No action shall be maintained against any person, or against the city therefor. Any person having an interest in a building or the contents thereof, so destroyed or injured may, within three months thereafter, apply to the council, in writing, to estimate and pay the damages he has sustained, provided he has no other recourse for the value thereof. If any such application shall have been made, the council shall either pay to the applicant such sum as shall be agreed upon by them and the applicant for such damages, or if no agreement shall be effected, shall proceed to ascertain the amount of such damages, and shall provide for the appraisal,



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assessment, collection, and payment thereof, in such manner as may be prescribed by the council. In appraising and assessing the damages incurred by an applicant, on account of the pulling down or destroying of any building, as above provided, there shall be taken into account the probability of the same having been destroyed or injured by fire, if it had not been so pulled down or destroyed. Whenever the proceedings for appraising and assessing such damages have been completed, and have been finally confirmed, in accordance with the methods prescribed by the council, the tender by the council of payment of the value as so appraised or assessed, shall be deemed as full satisfaction of all of said damages of the claimant.

Sec. 7.21 - Department of public service.

The department of public service shall be charged with and responsible for the creation, maintenance, and lighting of all streets, alleys, public buildings, the city's water supply system, sewers, sewage disposal facilities, drains, public places, and parks; with the operation and maintenance of the motor transportation facilities of the city; refuse disposal; and shall make all required inspections of buildings, excavations, or any type of structural work in the city and shall issue all permits therefor which are required by law and the ordinances of the city. The department of public service shall be under the general management and control of the director of public service, who, with the consent of the mayor, shall establish such divisions within his department, in addition to those herein prescribed, as shall be required to efficiently and adequately carry on the functions and duties of the department. Each division head of the department shall be under the direction of and directly responsible to the director of public service. The division of water supply shall be responsible for the construction, maintenance, and management of the water works and water supply of the city, and the distribution of the same to consumers. The administrative head of the division of water supply shall be the superintendent of water supply, who shall perform such duties as are required of him by law, the ordinances of the city, and the rules and regulations of the director of public service. The division of engineering shall be responsible for all engineering work and building inspection required in the administration of the functions of the city government. The division shall be charged with the preparation of all necessary plats, plans, blue prints, maps, surveys, diagrams, and estimates of costs required by the council or the administrative service of the city relating to the buildings, grounds, streets, parks, and public improvements of the city. The administrative head of the division of engineering shall be the city engineer, who shall be a registered engineer of the state of Michigan. He shall have and exercise within the city the powers and duties that are conferred by law upon county surveyors and shall perform such other duties as are prescribed by law, the ordinances of the city, and the rules and regulations of the director of public service. No member of this division shall do any private work in the city which requires the approval of any city officer or department.

Sec. 7.22 - Planning department.

There is hereby created a planning department, the administrative head of which shall be the planning commission. The voting members of the planning commission shall be



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nine in number and shall be appointed by the mayor, subject to the approval of the council. The term of office of such members of the planning commission shall be for three years and the terms of the members first appointed shall be such that, thereafter, the terms of three members will expire in each year. The membership of the commission shall represent different professions and occupations having an interest in the growth and development of the city. Two members of the council, to be selected by the council annually in the month of April, shall serve as non-voting members of the planning commission, for terms of one year each, beginning on the first day of May following their appointment. The planning commission shall possess and exercise all of the powers and functions of planning commissions under the provisions of Act 285 of the Public Acts of 1931 [8], and such amendments and superseding acts as may be enacted. Commencing with the year 1958, the department shall, in collaboration with the other officers and boards, prepare its recommendations for a program for capital improvement expenditures for public structures and improvements during the ensuing six years and submit the same to the mayor and council not later than the first day of February of each year. Proposed improvements listed in such program shall be set forth for each year in the general order of their priority and recommendations shall be made for the financing thereof. The master plan of the township of Warren, as in effect on the effective date of this charter shall constitute the master plan of the city, subject to the provisions of Act No. 285 of the Public Acts of 1931*. The commission may appoint a planning director who may be the executive officer and secretary of the department and directly responsible to the planning commission.

Sec. 7.23 - Library commission.

There shall be a library commission (consisting of seven) qualified electors having the qualifications required of city officers, one of whom shall be the treasurer. The members of the library commission shall be appointed by the mayor. The terms of members of the library commission shall be for three years and the terms of the members first appointed shall be such that the term of two members will expire in each year. Members of the library commission shall not receive any compensation for their services on, or in connection with, the affairs of the commission. The library commission shall have the power and authority to make such rules and regulations as may be necessary for the control of the Warren Public Library, and shall approve and appoint the city librarian. The library commission shall have the power to authorize expenditures for the operation of the library; provided that such expenditures do not exceed the allowances or appropriations made therefor by the council. For the purpose of such appropriations, the council shall appropriate and levy such tax as is required for participation in state or other library aid which is available by law, but not to exceed 1.35 mills for such purposes. On or before the first day of February of each year, the library commission shall submit to the controller an estimate in detail of the expenditures of said commission for the ensuing year, to be included in the yearly budget.

(Amended by electors on 8-3-10) State law reference— Libraries generally, MCL 397.201 et seq.



Sec. 7.24 - Department of parks and recreation.

The administrative head of the department of parks and recreation shall be the director of recreation. The director of recreation shall be responsible to the mayor for the conduct of the administration of the affairs of its [his] department and shall organize and conduct the affairs of the recreation facilities and programs of the city in a manner consistent with the best practices therefor.

State law reference— Authority to operate recreation and playgrounds, MCL 123.51 et seq.

Sec. 7.25 - Additional administrative powers and duties.

From time to time, the council may, by ordinance prescribe additional powers and duties, not inconsistent with this charter, to be exercised by appropriate administrative officers, departments, and boards or commissions.

Sec. 7.26 - Additional departments and agencies.

The council may create and maintain such additional administrative agencies and boards or commissions as it shall deem necessary for the conduct of the administrative affairs of the city: provided, that no such board or commission or agency shall be given any powers and duties which overlap or interfere with the powers and duties imposed upon any office or department created by this charter. Each such board or agency shall be created by ordinance[,] which ordinance shall conform to the provisions of this charter relating thereto and shall clearly set forth the powers and duties thereof and the standards for the acts to be performed. Each such administrative agency, board, or commission shall be responsible to the mayor for the conduct of the affairs of the city entrusted to it and to the council for the carrying out of its general policies pertaining thereto.

Sec. 7.27 - Nepotism.

Except and unless relatives by blood or marriage of any officer of the city, within the second degree of consanguinity or affinity, are bona fide appointive officers or employees of the city at the time of the election or appointment of such officers, such relatives shall be disqualified from holding any appointive office or from being employed by the city, during the term for which such officer was elected or appointed. If the status of relationship between any officer or employee of the city and any other officer of the city changes to a relationship prohibited hereby after one year following the employment of such person or election or appointment of such officer, the provisions of this section shall not apply. No two or more persons who are within the second degree of consanguinity or affinity shall be employed within the same department of the city.

Sec. 7.28 - Civil service.

Within one year after the effective date of this charter, the council shall establish, by ordinance, and shall thereafter maintain a civil service plan of personnel management for the city. Such ordinance, when adopted, shall provide a professional and impartial approach to municipal personnel problems, based solely on the fitness, training, and experience of employees and expectant employees of the city, with no discrimination on account of racial, political, or religious backgrounds or opinions.



Sec. 7.29 - Employees' group benefits.

The council shall have power to make available to the elective and appointive officers and employees of the city, Federal Social Security, and recognized standard plans of group life, hospital, medical and surgical, health, accident, and other forms of group insurance and this shall not constitute or be considered as additional compensation. (Amended by electors on 9-1-64)

State law reference— Permissible for Charter to provide for a system of civil service for employees, MCL 117.4i(7); permissible for Charter to provide for a system of compensation for its employees and their dependents in the case of disability, injury or death of such employees, MCL 117.4i(8).

FOOTNOTE(S):(5) Editor's note— Compensation of the city clerk has been superseded by Code of Ordinances Section 2-181 et seq., which created the Local Affairs Compensation Commission pursuant to MCL 117.5c. (Back)(6) Editor's note— Compensation of the city treasurer has been superseded by Code of Ordinances Section 2-181 et seq., which created the Local Officers Compensation Commission pursuant to MCL 117.5c. (Back)(7) Editor's note— See MCL 39.501 et seq. (Back)(8) Editor's note— See MCL 125.31 et seq. (Back)

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 8. - GENERAL FINANCE >>

CHAPTER 8. - GENERAL FINANCE [9]

Sec. 8.1 - Fiscal year.Sec. 8.2 - Budget procedure.Sec. 8.3 - Further budget procedure.Sec. 8.4 - Budget hearing.Sec. 8.5 - Adoption of budget.Sec. 8.6 - Budget control.Sec. 8.7 - Special accounts.Sec. 8.8 - Withdrawal of funds.Sec. 8.9 - Notice to city of claim for injuries.Sec. 8.10 - Municipal borrowing power.Sec. 8.11 - Limitations upon borrowing power.Sec. 8.12 - Depositories.Sec. 8.13 - Independent audit.Sec. 8.14 - Annual report.

Sec. 8.1 - Fiscal year.

Beginning with the calendar year, 1957, the fiscal and budget year of the city, and of all its agencies, shall begin on the first day of July of each year.

Sec. 8.2 - Budget procedure.



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Not later than the first Monday of February of each year, each officer, department, board and commission of the city shall submit to the controller an itemized estimate of its expected income and expenditures during the next fiscal year for the department or activities under its control. The controller shall compile and submit to the mayor, not later than the second Monday in March of each year, a budget form setting forth in a simple column the budget requests of each officer and department of the city. The mayor shall review such budget form and budget requests and in a column parallel to and adjacent to that containing such budget requests shall enter his budgetary recommendations for each item requested by the several officers and departments with such additions thereto and deletions therefrom as he shall deem proper and, not later than the second Monday in April of each year he shall submit to the council a recommended budget for the next fiscal year which is within the tax limit and other revenue sources of the city. Such recommended budget shall include therein, at least the following information:

The estimates of the several officers and departments as received by the controller;The detailed estimates of the mayor, with supporting explanations of proposed expenditures of each office and department of the city, with a comparison of the actual appropriations and expenditures for corresponding items for the last preceding fiscal year, in full, and the appropriations for the current fiscal year, together with the expenditures for such year to January first, and estimated expenditures for the balance of the current fiscal year; Statements of the bonded and other indebtedness of the city, showing the debt redemption and interest requirements, the debt authorized, and unissued, and the condition of sinking funds, if any; Detailed estimates of all anticipated revenues of the city from sources other than taxes, with a comparative statement of the amounts estimated for and actually received from each of the same or similar sources for the last preceding fiscal year, in full, for the current fiscal year to January first, and estimated revenues for the balance of the current fiscal year; A statement of the estimated accumulated cash and unencumbered balances, or deficits, at the end of the current fiscal year;An estimate of the amount of money to be raised from current and delinquent taxes and the amount to be raised from bond issues which, together with available unappropriated surplus and any revenues from other sources, will be necessary to meet the proposed expenditures.

Sec. 8.3 - Further budget procedure.

The recommended budget of the mayor together with his supporting schedules, information, and messages, shall be reviewed by the council. The budget proposal of the mayor, together with his recommendations and its supporting schedules and information shall become a public record, a copy of which shall be available for public inspection in the office of the clerk, on and after the fourth Monday of April of each year.

Sec. 8.4 - Budget hearing.



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A public hearing on the budget shall be held not less than one week before its final adoption at such time as the council shall direct. Notice of the public hearing shall be published by the clerk at least one week in advance thereof.

Sec. 8.5 - Adoption of budget.

Not later than the third Monday in May of each year, the council shall, by resolution, adopt a budget for the ensuing fiscal year and make an appropriation of the money needed therefor. Such resolution shall designate the sum to be raised by taxation for the general purposes of the city and for the payments of principal and interest on its indebtedness. Failure to adopt such resolution within the time herein set shall not invalidate either the budget or the tax levy therefor. A copy of the appropriations for each fiscal year, certified by the clerk, shall be furnished to the controller within ten days after the date of the adoption of the budget resolution.

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

Sec. 8.6 - Budget control.

Except for purposes which are to be financed by the issuance of bonds or by special assessments, 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 for such purpose, nor shall any obligation for the expenditure of money be incurred without an appropriation covering all payments which will be due under such obligation during the fiscal year. The council only, by resolution adopted by the affirmative vote of not less than six of its members, may appropriate funds in the hands of the treasurer or transfer any unencumbered appropriation balance, including the contingent account of the general fund of the city or any portion thereof from any account, department, or agency to another. Expenditures shall not be charged directly to the contingent account. Instead, the necessary part of the appropriation from such account shall be transferred to the appropriate account and the expenditure then charged thereto. During each month, the controller shall submit to the council data showing the relation between the estimated and actual revenues and expenditures to the end of the preceding month; and, if it shall appear that the revenues are less than anticipated, the council may, by resolution, reduce appropriations, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the revenues. Within thirty days following the end of each fiscal year, the mayor shall file with the council a schedule of all encumbrances upon the budget appropriations existing at the end of the fiscal year, with his recommendations as to whether such encumbrances shall be paid from such budget appropriations or from the budget of the next fiscal year. The council shall determine from which appropriations such encumbrances shall be paid. The remaining balance in any budget appropriation, at the end of each fiscal year, except for the payment of indebtedness evidenced by bonds or notes of the city and interest thereon, shall revert to the contingent account of the general fund.

Sec. 8.7 - Special accounts.



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The council may, by ordinance, establish, and maintain accounts for accumulating moneys to be used for acquiring, extending, altering, constructing, or repairing public improvements of any type and for the purchase of equipment of any type, in each case either for a specific item or items or for future unspecified public improvements or equipment, or both. Appropriations to such accounts may be made by the council either in the annual appropriation resolution or, from time to time during the fiscal year, from available funds, from whatever source derived which are not required for other appropriations or obligations of the city. Such accounts shall be continuing accounts and the balances therein at the end of each fiscal year shall remain a part thereof. Moneys which are accumulated for the purpose of public improvements, as set forth in subsection (a) hereof, shall be used only at the direction of the council and only for the purpose provided in the original ordinance establishing each account, unless their use for some other municipal purpose be authorized by a majority vote of the electors of thecity who vote on the propositions to amend such ordinance to provide for a change of the use of the moneys in such account. After the purpose of any such account has been fulfilled, any balance remaining therein may be transferred by the council to any other special account or to the general fund of the city. Moneys which are accumulated for the purpose of purchasing equipment, as set forth in subsection (a) hereof, shall be expended only for the purposes provided in the ordinance establishing any such account, or as such ordinance may be amended from time to time, and, when no longer required for such purposes such moneys or any part thereof may be transferred to the general fund by a resolution adopted by the affirmative vote of not less than six members of the council.

Sec. 8.8 - Withdrawal of funds.

Unless otherwise provided by law or by ordinance, all funds drawn from the treasury shall be drawn pursuant to the authority and appropriation of the council. The controller, where necessary to expedite operating procedures, may authorize in writing, other officers and employees of the city to make minor disbursements from petty cash accounts.

Sec. 8.9 - Notice to city of claim for injuries.

The city shall not be liable in damages for injury to person or property by reason of negligence of the city, its officers, or employees, or by reason of any defective highway, public work, public service improvement, or facility of the city, or by reason of any obstruction, ice, snow, or other encumbrance thereon, unless, within sixty days after such injury occurred, the person damaged or his representative causes to be served upon the clerk a written notice, stating that such person intends to hold the city liable for such damages. Such notice shall set forth substantially the time and place of the injury, the manner in which it occurred, the nature of the act or defect complained of, the extent of the injury so far as known, and the names and addresses of witnesses known to the claimant. No person shall bring action against the city for damages to person or property arising out of any of the reasons or circumstances aforesaid, unless brought within the period prescribed by law, nor unless he has first presented to the clerk a claim in writing and under oath, setting forth specifically the nature and extent of the injury and the amount of damages claimed. Such claim shall be presented to the council for action. It shall be a sufficient bar to any action upon any such claim that the notice of injury



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and the claim in writing under oath, required by this section, were not filed within the time and in the manner herein provided.

State law reference— City liability for injury on public ways, MCL 691.1401 et seq.

Sec. 8.10 - Municipal borrowing power.

Subject to the applicable provisions of law, the city may borrow money for any purpose within the scope of its powers and permitted by law, and may issue 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, the principal and interest of which are payable from taxes levied upon the taxable real and personal property in the city and for the payment of which the full faith and credit of the city are pledged, when authorized by a three-fifths vote of the electors having the constitutional qualifications for voting on the issuance of general obligation bonds, voting thereon at any general or special election; Special assessment bonds which are issued in anticipation of the payment of special assessments for the purpose of defraying the cost of any one or more public improvements, which bonds shall be either solely an obligation of the special assessment district, or both an obligation of the special assessment district and a general obligation of the city; Revenue bonds, as authorized by law, which are secured only by the revenues from a public improvement and do not constitute a general obligation of the city; Mortgage bonds, as authorized by law, for the acquiring, owning, purchasing, constructing, improving, or operating of any public utility which the city is authorized by law to finance in this manner; Bonds issued in anticipation of future payments from the motor vehicle highway fund or any other fund of the state which the city may be permitted by law to pledge for the payment of the principal and interest thereof; Water main extension bonds, in an amount not to exceed two hundred thousand dollars, for the payment of which the full faith and credit of the city are pledged, for the refunding from time to time of moneys advanced or paid on special assessments imposed for water main extensions as buildings are connected with such water main extensions, which bonds shall be payable in not more than thirty years; Tax anticipation notes, which may be issued in anticipation of the collection of taxes in or during the current or next succeeding fiscal years of the city or any other years permitted by law, in the manner and subject to any limitations provided by law; Calamity bonds, issued in case of fire, flood or other calamity for the relief of the inhabitants of the city and for the preservation of municipal property, in a sum not to exceed three-eighths of one per cent of the assessed value of the real and personal property in the city and shall become due in not more than five years.

All collections on special assessment rolls or combination of rolls shall be set apart in a separate fund and shall be used for the purpose for which levied and for the payment of the principal and interest of bonds issued in anticipation of such special assessments. As to such of said bonds as are also a general obligation of the city, if there is any deficiency in a special assessment fund to meet the payment of the principal or interest



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(a)

(b)

to be paid therefrom moneys shall be advanced from the general funds of the city to meet such deficiency and shall be replaced in the general funds when the special assessment fund shall be sufficient therefor. Each bond or other evidence of indebtedness shall contain on its face a statement specifying the purpose for which the same is issued and the proceeds thereof shall not be used for any other purpose, except that, whenever the proceeds of any bond issue, or a part thereof, remain unexpended and unencumbered for the purpose for which said bond issue was made, the council may, by the concurring vote of not less than six members, authorize the use of such unexpended and unencumbered funds;

For the retirement of such bond issue, orIf such bond issue has been fully retired or if any of such funds remain after such retirement, then for the retirement of other bonds or obligations of the city, or If there is no other indebtedness, then for such other purpose or purposes as may be permitted by law.

No bond or other evidence of indebtedness, regardless of type or purpose, shall bear interest at a rate exceeding six per cent per annum. [10] All bonds and other evidences of indebtedness shall be signed by the mayor and countersigned by the clerk, under the seal of the city. Interest coupons may be executed with the facsimile signatures of the mayor and clerk. A complete and detailed record of all bonds and other evidences of indebtedness shall be kept by the controller. Upon the payment of any bond or other evidence of indebtedness, the same shall be marked "cancelled." Any officer who shall violate the provisions of this section shall be deemed guilty of a violation of this charter.

State law reference— City authority to borrow money on the credit of the city and issue bonds therefor, MCL 117.4a(1); city authority to borrow money and issue bonds therefor in anticipation of the payment of special assessments, MCL 117.4a(2); municipal finance act, MCL 131.1 et seq.

Sec. 8.11 - Limitations upon borrowing power.

The net bonded indebtedness incurred for all public purposes shall not at any time exceed ten per cent of the assessed value of all the real and personal property in the city; provided, that, in computing such net bonded indebtedness, there shall be excluded money borrowed under the provisions of section 8.10(a), clauses (2) to (8), inclusive, of this chapter. The resources of the sinking fund pledged for the retirement of any outstanding bonds shall also be deducted from the amount of the bonded indebtedness. No bonds shall be sold to obtain funds for any purpose other than that for which they were specifically authorized, and, if any such bonds are not sold within three years after authorization, such authorization shall be null and void.

State law reference— Limitation on net bonded indebtedness incurred for all public purposes, MCL 117.4a(1).

Sec. 8.12 - Depositories.

The council shall designate depositories for city funds in accordance with law and shall provide by ordinance for the regular deposit of all city moneys.

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



Sec. 8.13 - Independent audit.

An independent audit shall be made of all accounts of the city government at the close of each fiscal year, and shall be completed within ninety days thereafter. Special independent audits may be made at any time that the council may designate. All such audits shall be made by a certified public accountant designated by the council. The results of each such audit shall be made public in the manner that the council determines and copies thereof shall be placed in the office of the clerk, and of the controller.

Sec. 8.14 - Annual report.

The mayor shall prepare an annual report of the affairs of the city, after the completion of the annual audit. The report shall include condensed financial statements showing the results of all city operations, including statements for each public utility owned or operated by the city. Copies of such report shall be made available for public inspection and distribution at the office of the clerk and by such other method as the council and the mayor may determine.

FOOTNOTE(S):(9) State Law reference— Municipal finance act, MCL 131.1 et seq. (Back)

(10) Editor's note— MCL 133.1a, permits higher interest on obligations, notwithstanding Charter provisions. (Back)

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 9. - TAXATION >>

CHAPTER 9. - TAXATION [11]

Sec. 9.1 - Power to tax; tax limit.Sec. 9.2 - Subjects of taxation; tax procedure.Sec. 9.3 - Exemptions.Sec. 9.4 - Tax day.Sec. 9.5 - Personal property; jeopardy assessment.Sec. 9.6 - Preparation of the assessment roll.Sec. 9.7 - Board of review.Sec. 9.8 - Duties and functions of board of review.Sec. 9.9 - Meeting of board of review.Sec. 9.10 - Notice of meetings.Sec. 9.11 - Endorsement of roll.Sec. 9.12 - Validity of assessment roll.Sec. 9.13 - Clerk to certify levy.Sec. 9.14 - City tax roll.Sec. 9.15 - Tax roll certified for collection.Sec. 9.16 - Tax lien on property.Sec. 9.17 - Taxes due; notification thereof.Sec. 9.18 - Tax payment schedule.Sec. 9.19 - Failure or refusal to pay personal property tax.Sec. 9.20 - State, county, and school taxes.Sec. 9.21 - Protection of city lien.Sec. 9.22 - Collection of delinquent taxes.



(a)

(b)

Sec. 9.23 - Disposition of real property held by city.Sec. 9.24 - Treasurer to report delinquent property to the council.

Sec. 9.1 - Power to tax; tax limit.

The city shall have the power to assess taxes and to lay and collect rents, tolls and excises. The annual general ad valorem tax levy for municipal purposes shall not exceed nine-tenths of one (1) percent of the assessed value of all real and personal property in the city: Provided that in addition to the foregoing, the city shall have the power to levy three-tenths of one (1) mill of the assessed valuation as equalized, of all property in the city for the purpose of additional fire department life support units: Provided further that in addition to the foregoing, the city shall have the power to levy .9798 of one (1) mill each year for police protection for a period of twenty (20) years: Provided further that in addition to the foregoing, the city shall have the power to levy .9798 of one (1) mill each year for fire and emergency medical rescue services for a period of twenty (20) years: Provided further that in addition to the foregoing, the city shall have the power to levy one (1) mill for Parks and Recreation and Forestry effective August 4, 1992.

(Amended by electors on 11-6-79; amended by electors on 4-28-98) State law reference— Mandatory that Charter provide for annually levying and collecting taxes, MCL 117.3(g).

Sec. 9.2 - Subjects of taxation; tax procedure.

The subjects of ad valorem taxation for municipal purposes shall be the same as for state, county, and school purposes under the general law. Except as otherwise provided by this chapter, city taxes shall be levied and collected in the manner provided by law.

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); property subject to taxation, MCL 211.1 et seq.

Sec. 9.3 - Exemptions.

The power of taxation shall never be surrendered or suspended by any grant or contract to which the city shall be a party. No exemptions from taxation shall be allowed, except such as are expressly required or permitted by law.

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

Sec. 9.4 - Tax day.

Subject to the exceptions provided or permitted by law the taxable status of persons and property shall be determined as of the first day of January, or such other date as may subsequently be required by law, which shall be deemed the tax day. Values on the assessment roll shall be determined according to the facts existing on the tax day for the year for which such roll is made and no change of the status or of the location of any such property after that day shall be considered by the assessor or the board of review.

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



(a)

(b)

(c)

Sec. 9.5 - Personal property; jeopardy assessment.

If the treasurer finds or reasonably believes that any person, who is, or may be, liable for taxes upon personal property, the taxable situs of which was in the city on tax day, intends to depart from the city; or to remove therefrom personal property, which is, or may be, liable for taxation; or to conceal himself or his property; or to do any other act tending to prejudice, or to render wholly or partly ineffectual the proceedings to collect such tax, unless proceedings therefor be brought without delay, he shall proceed to collect the same as a jeopardy assessment in the manner provided by law.

State law reference— Jeopardy assessment of personal property taxes, MCL 211.691 et seq.

Sec. 9.6 - Preparation of the assessment roll.

Prior to the third Monday in March in each year, or such other date as may subsequently be required by law, the assessor shall prepare and certify an assessment roll of all property in the city. Such roll shall be prepared in accordance with law and may be divided into volumes, which shall be identified by the assessor, for purposes of convenience in handling the assessment roll and for locating properties assessed therein. The attachment of any certificate or warrant required by this chapter to any volume of the roll, either as an assessment roll or as a tax roll, shall constitute the attachment thereof to the entire roll, provided the several volumes are identified in such certificate or warrant. Values of property set forth on the assessment roll shall be determined according to recognized methods of systematic assessment.

State law reference— Mandatory that Charter provide for preparation of assessment roll, MCL 117.3(i); assessment roll, MCL 211.24 et seq.

Sec. 9.7 - Board of review.

A board of review is hereby created, composed of five members who shall be registered electors of the city who have the qualifications for holding office in the city, as set forth in section 4.2 of this charter, and who are owners of property assessed for taxation in the city. The members of the board of review shall be appointed on the basis of their knowledge and experience in property valuation. The members of the board of review shall be appointed by the mayor, subject to the confirmation of the council. The first members shall be appointed during the month of January, 1957, for terms expiring on July 1, 1958, 1959, 1960, 1961, and 1962. Thereafter, one member shall be appointed by the mayor and confirmed by the council in the month of May of each year, for a term of five years, commencing on the following July first. The board shall, annually, on the first day of its meeting, select one of its members chairman for the ensuing year. The assessor shall be clerk of the board, and shall be entitled to be heard at its sessions, but shall have no vote on any proposition or question before the board.

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

Sec. 9.8 - Duties and functions of board of review.

For the purpose of revising and correcting assessments, the board of review shall have the same powers and perform like duties, in all respects, as are, by law, conferred upon and



(a)

(b)

required of boards of review in townships, except as otherwise provided in this charter. At the time, and in the manner, provided in the following section, it shall hear the complaints of all persons considering themselves aggrieved by assessments. If it shall appear that any person or property has been wrongfully assessed or omitted from the roll, the board shall correct the roll in such manner as it deems just. Except as otherwise provided by law, no person other than the board of review shall authorize any change upon, or addition or correction to, the assessment roll. The assessor shall keep a permanent record of all proceedings of the board and enter therein all resolutions and decisions of the board. Such record shall be filed with the clerk on or before the first day of October following the meeting of the board of review.

Sec. 9.9 - Meeting of board of review.

The board of review shall convene on the third Monday in March in each year, or on such date as may subsequently be required by law for the meeting of boards of review in cities, at such places as shall be designated by the council at its first regular meeting in February and shall sit for not less than three calendar days: provided, that, if the council does not so designate a place for the meeting of the board of review, it shall meet in the council chamber. The board of review may examine on oath any person appearing before it respecting the assessment of property on the assessment roll. Any member of the board may administer such oath.

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

Sec. 9.10 - Notice of meetings.

Notice of the time and place of the meetings of the board of review shall be published by the assessor not less than one week prior to the first meeting thereof.

Sec. 9.11 - Endorsement of roll.

After the board of review has completed its review of the assessment roll, and not later than the Tuesday following the fourth Monday in March, or such other date as may subsequently be required by law, the majority of its members shall sign a certificate to the effect that the same is the assessment roll of the city for the year in which it has been prepared, as approved by the board of review, which certificate, when attached to any volume of the roll shall constitute a conclusive presumption of the validity of the entire roll, as provided in section 9.6 of this chapter. Any copy of such roll, when so certified shall be equally valid as the original roll. The omission of such certificate shall not affect the validity of such roll.

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

Sec. 9.12 - Validity of assessment roll.

Upon the completion of the roll, and from and after midnight ending the last day of the meeting of the board of review, it shall be the assessment roll of the city for county, school, and city taxes, and for other taxes on real and personal property that may be authorized by law. It shall be presumed by all courts and tribunals to be valid, and shall not be set aside, except for cause set forth by law.



(a)

(b)

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

Sec. 9.13 - Clerk to certify levy.

Within three days after the council has made the appropriations for the ensuing year, the clerk shall certify to the assessor the total amount which the council determines shall be raised by general ad valorem tax, together with such other assessments and lawful charges and amounts which the council requires to be assessed, reassessed, or charged upon the property and persons appearing upon such roll.

Sec. 9.14 - City tax roll.

After the board of review has completed its review of the assessment roll, the assessor shall prepare a tax roll, or a combined assessment and tax roll, to be known as the "city tax roll." Upon receiving the certification of the several amounts to be raised, assessed, and charged upon the city tax roll, as provided in the preceding section, the assessor shall proceed forthwith, (1) to spread the amounts of the general ad valorem tax according to and in proportion to the several valuations set forth in said assessment roll, and (2) to place other assessments and charges upon the roll as are required and authorized by the council. To avoid fractions in computations on 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, which added amount, when collected, shall belong to the city.

Sec. 9.15 - Tax roll certified for collection.

After spreading the taxes and placing other assessments and charges upon the roll, the assessor shall certify the tax roll, and annex his warrant thereto directing and requiring the treasurer to collect, prior to March first of the following year, from the several persons named in the roll the several sums mentioned therein opposite their respective names as a tax or assessment, and granting to and vesting in the treasurer, for the purpose of collecting the taxes, assessments, and charges on such roll all the statutory powers and immunities possessed by township treasurers for the collection of taxes: provided, that taxes and other lawful assessments and charges on any city tax roll which remain unpaid on the fifteenth day of October, may be transferred, together with any collection fees or charges which have been added thereto, to the December tax roll to be collected thereon. The city tax roll shall be delivered to the treasurer on or before the third Monday in June.

State law reference— Collection of taxes, MCL 211.44 et seq.

Sec. 9.16 - Tax lien on property.

Except as provided in section 9.5 of this charter, such taxes shall be due on July first of each year and, on that day, the taxes assessed to the owners of personal property shall become a debt due to the city from the persons to whom they are assessed, and the amounts assessed on any interest in real property shall become a lien upon such real property, for such amounts and for all interest and charges thereon. All personal property taxes shall be a first lien, prior, superior, and paramount, on all the 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.



(1)

(2)

(3)

(4)

Sec. 9.17 - Taxes due; notification thereof.

The treasurer shall not be required to make personal demand for the payment of taxes, but, upon receipt of the city tax roll by him, he shall forthwith mail a tax statement to each person named in the tax roll and shall give notice of the date upon which city taxes are due by publication in a newspaper of the city, which notice shall be sufficient demand for the payment of all taxes assessed. Neither the failure on the part of any person to receive the notice or the tax statement, shall invalidate the taxes on the tax roll or release any person or property assessed from the penalty provided in this chapter in case of nonpayment.

Sec. 9.18 - Tax payment schedule.

Taxes, charges and assessments on each city tax roll shall be due and payable on the first day of July of the fiscal year in which levied. Provided, that at the election of the taxpayer he may pay one-half of said city tax, charge and assessment on or before the thirty-first of August of such year to the treasurer without the addition of any fee or charge for collection thereof, and provided that the balance of said tax, if one-half was paid on or before the thirty-first day of August, shall be due and payable on December 1st of such year, provided further that the taxpayer may pay the balance of the tax, charge and assessment by January 31st of the following year to the treasurer without the addition of any fee or charge for collection thereof, and provided further that if the taxpayer fails to pay the first one-half by the specified date, the half payment option is void, payment thereafter must be made on the full amount subject to a collection fee on the tax, charge and assessment of one per cent during the month of September and an additional one-half of one per cent per month during each and every month or fraction of a month which shall elapse thereafter before the payment of such taxes, charges and assessments is made, until the last day of February next following the date that such taxes, charges and assessments become due and payable; and provided further, that if the taxpayer fails to pay the second half payment by January 31, payment thereafter will be subject to the above fees on the amount due. Upon all city taxes, charges and assessments returned to the county treasurer upon any delinquent tax roll, a charge of three and one-half per cent shall be added and the same shall be collected by the county treasurer in like manner as and together with the taxes, charges and assessments so returned. All charter provisions, or parts thereof, and all ordinances, or parts thereof, in conflict herewith, are hereby repealed to the extent of such inconsistency. This amendment is declared to be severable and should any word, phrase, sentence, provision or subsection hereof be hereafter declared unconstitutional or otherwise invalid, or be disapproved by referendum, the remainder of this amendment shall not thereby be affected, but shall remain valid and in full force and effect for all intents and purposes. This amendment shall take effect on December 1, 1971.

(Amended by electors on 11-2-71)

Sec. 9.19 - Failure or refusal to pay personal property tax.

If any person shall neglect or refuse to pay any tax on personal property assessed to him, the treasurer shall collect the same by seizing the personal property of such person, to an amount sufficient to pay such tax, fees, and charges, wherever the same may be found in the state. No property shall be exempt from such seizure. He may sell the property seized, to an



(1)

(2)

amount sufficient to pay the taxes and all charges, fees, penalties, and interest, in accordance with law. The treasurer may, if otherwise unable to collect a tax on personal property, sue the person to whom it is assessed, in accordance with the powers granted to him by law.

State law reference— Failure or refusal to pay tax, MCL 211.47.

Sec. 9.20 - State, county, and school taxes.

For the purpose of assessing and collecting taxes for state, county, and school purposes, the city shall be considered the same as a township and all provisions of law relative to the collection of, and accounting for, such taxes and the penalties and interest thereon shall apply. For the purpose of collecting state, county, and school taxes, the treasurer shall perform the same duties and have the same powers as township treasurers under state law.

State law reference— Mandatory that Charter provide for levy, collection and return of state, county and school taxes, MCL 117.3(i); state law relative to the assessment, levy and collection of taxes, MCL 211.1 et seq.

Sec. 9.21 - Protection of city lien.

The city shall have power, insofar as the exercise thereof shall not conflict with or contravene the provisions of law, to acquire such an interest in any premises within the city, by purchase at any tax or other public sale, or by direct purchase from or negotiation with the State of Michigan or the fee owner, as may be necessary to assure to the city the collection of its taxes, special assessments, or charges which are levied against any lot or parcel of real property or to protect the lien of the city therefor, and may hold, lease, or sell the same. Any such procedure exercised by the city to assure the collection of its taxes or the protection of its tax or other liens shall be deemed to be for a public purpose. The council may adopt any ordinance which may be necessary to make this section effective.

Sec. 9.22 - Collection of delinquent taxes.

All taxes and charges, together with fees, penalties, and interest upon real property on the tax roll, remaining uncollected by the treasurer on the first day of March following the date when the roll was received by him shall be subject to one of the following procedures:

The real property against which such taxes and charges are assessed shall be subject to disposition, sale, and redemption for the enforcement and collection of the tax lien against the same in the method and manner which may be provided by ordinance. The council may provide by ordinance for the sale of real property for such unpaid taxes and charges, together with fees, penalties, and interest, by judicial sale on petition filed in behalf of the city. If no ordinance is in effect pursuant to subsection (1) of this section, such taxes shall be returned to the county treasurer, to the extent and in the same manner and with like effect as provided by law for returns by township treasurers of township and county taxes. Such returns shall include all additional assessments, charges, fees, penalties, and interest hereinbefore provided, which shall be added to the amount assessed in said tax roll against each property or person. The taxes thus returned shall be collected in the same manner as other taxes returned to the county treasurer are collected, in



(a)

accordance with law, and shall be and remain a lien upon the property against which they are assessed until paid.

Sec. 9.23 - Disposition of real property held by city.

The council shall pass an ordinance providing for the care, custody, and disposition of real property, or any interest therein, which it shall hereafter acquire by reason of any action taken to protect the city's tax lien thereon. Unless action is taken by the council as provided and permitted in this section, the owner of any interest therein, by fee title, as mortgagee, or as vendor or vendee under a land contract shall be given the right to purchase the city's interest therein, upon payment to the city of the amount of money which the city has invested therein in the form of unpaid taxes, special assessments, charges, fees, penalties, interest, and costs. After the lapse of ninety days after the date that the city acquires title to any such property, the council may remove the same from the market by determining that such property is needed for and should be devoted to public purposes, naming such purposes, or may sell the same at a price which shall be not less than its market value, as determined and certified to the council by the assessor.

Sec. 9.24 - Treasurer to report delinquent property to the council.

At least two weeks before the date of sale of any real estate, upon which the city has any claim, the treasurer shall report to the council a list of the parcels of such real estate and the amount of the city's claims, together with all fees, penalties, and interest which have accumulated thereon or accrued thereto.

FOOTNOTE(S):(11) State Law reference— General property tax act, MCL 211.1 et seq. (Back)

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 10. - SPECIAL ASSESSMENTS >>

CHAPTER 10. - SPECIAL ASSESSMENTS [12]

Sec. 10.1 - General power relative to special assessments.Sec. 10.2 - Detailed procedure to be fixed by ordinance.Sec. 10.3 - Additional assessments and correction of invalid special assessments.Sec. 10.4 - Limitation on suits and actions.Sec. 10.5 - Lien and collection of special assessments.Sec. 10.6 - Special assessment accounts.Sec. 10.7 - Certain postponements of payments.Sec. 10.8 - All property liable for special assessments.

Sec. 10.1 - General power relative to special assessments.

The council shall have the power to make public improvements within the city and, as to public improvements which are of such a nature as to especially benefit any property or properties within a district, the council shall have the power to determine, by resolution,



(b)

(1)

(2)(c)

(a)

(b)

that the whole or any part of the expense of any such public improvement shall be defrayed by special assessment, in proportion to the benefits derived or to be derived. In addition to the other improvements which the city may make and finance, in whole or in part, by special assessments, the city may:

Install a boulevard lighting system on any street and finance the same, in whole or in part, by special assessments upon land abutting thereon; Install and connect sewers and waterworks on and to property within the city.

If, prior to the adoption of a resolution finally authorizing the making of a public improvement to be financed by special assessments, written objections to the proposed improvement have been filed by the owners of property in the district, which according to estimates will be required to bear more than fifty per cent of the amount of such special assessments, or by more than fifty per cent of the owners of land to be assessed for such improvement, no resolution finally determined to proceed with such improvement shall be adopted, except by the affirmative vote of six members of the council.

State law reference— Permissible that Charter provide for assessing costs of public improvements, MCL 117.4d.

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

The council shall prescribe, by ordinance, the complete special assessment procedure governing the initiation of projects, preparation of plans and cost estimates, creation of special assessment districts, notices and hearings, making and confirming of special assessment rolls, correction of errors in such rolls, the number of installments in which special assessments may be paid, collection of special assessments, refunds, and any other matters concerning the making and financing of improvements by the special assessment method.

Note—Code reference—See Code of Ordinances, Ch. 33

Sec. 10.3 - Additional assessments and correction of invalid special assessments.

Additional pro rata assessments may be made by the council, when any special assessment roll proves insufficient to pay for the improvement for which it was levied and the expenses incidental thereto, or to pay the principal and interest on bonds issued in anticipation of such assessment roll: provided, that the additional pro rata assessment shall not exceed twenty-five per cent of the assessment as originally confirmed, unless a meeting of the council be held to review such additional assessment, for which meeting notices shall be published as provided in the case of review of the original special assessment roll. Whenever any special assessment shall, in the opinion of the council, be invalid by reason of irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new and legally made assessment to be made for the same purpose for which the former assessment was made. All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for an original assessment, except for such changes in procedure as are required to make such reassessment a legal assessment and, whenever any sum or



(a)

(b)

part thereof, levied upon any property in the assessment so set aside, has been paid and not refunded, the payment so made shall be applied upon the reassessment, or if the payments exceed the amount of the reassessment, refunds shall be made.

Sec. 10.4 - Limitation on suits and actions.

No suits or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining the collection of any special assessment, (1) unless, within sixty days after the confirmation of the special assessment roll, written notice is given to the council of intention to file such suit or action, stating the grounds on which it is claimed such assessment is illegal, and (2) unless such suit or action shall be commenced within ninety days after confirmation of the roll.

Editor's note— This section was held invalid as in conflict with the general property tax law (MCL 211.53) and

the statute of limitations for personal actions (MCL 600.5813).

Sec. 10.5 - Lien and collection of special assessments.

Upon the confirmation of each special assessment roll, the special assessments thereon shall become a debt to the city from the persons to whom they are assessed and, until paid, shall be a lien upon the property assessed, for the amount of such assessments and all interest and charges thereon. Such lien shall be of the same character and effect as created by this charter for city taxes. The council may provide by ordinance, for fees, penalties, and interest for late payment or non-payment of special assessments, which fees, penalties, and interest shall be a lien and shall be collectible as are similar charges upon city taxes. The council may provide that delinquent special assessments be placed upon the tax roll, together with any accrued fees, penalties, and interest thereon, to be collected in all respects as are city taxes on such roll, or may make other provisions for the enforcement of the lien created by such special assessments.

State law reference— Specific authority to institute an action in assumpsit to recover unpaid assessments, MCL 211.501.

Sec. 10.6 - Special assessment accounts.

Moneys raised by special assessment for any public improvement shall be credited to a special assessment account and shall be used to pay for the costs of the improvements for which the assessment was levied and of expenses incidental thereto, to repay any principal or interest on money borrowed therefor, and to refund excessive assessments.

Sec. 10.7 - Certain postponements of payments.

The council may provide that persons who, in the opinion of the assessor and council, by reason of poverty are unable to contribute toward the cost of the making of a public improvement may execute to the city an instrument creating a lien for the benefit of the city on all or any part of the real property owned by them and benefited by any public improvement, which lien will mature and be effective from and after the execution of such instrument and shall be enforceable in the event that title to such property is thereafter transferred in any



(a)

(b)

manner whatsoever. The council shall establish the procedure for making this section effective by ordinance.

Sec. 10.8 - All property liable for special assessments.

The owners of all real property, including such as is exempt from taxation by law, or exempted by the board of review, and with or without valuation placed thereon, shall be liable for the cost of public improvements benefiting such property, unless exempted from special assessments by law, the same as other property, as provided in section 10.2 of this chapter, and such special assessments shall be levied, collected, and returned, and the said premises may be sold or forfeited in the same manner as for non-payment of city taxes.

FOOTNOTE(S):(12) State Law reference— Power re assessments, MCL 117.4a, 117.4b, 117.4d, 117.5. (Back)

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 11. - COUNTY SUPERVISORS >>

CHAPTER 11. - COUNTY SUPERVISORS [13]

Sec. 11.1 - Number of supervisors.Sec. 11.2 - Selection of supervisors.Sec. 11.3 - Temporary absences and vacancies.Sec. 11.4 - Compensation of supervisors.

Sec. 11.1 - Number of supervisors.

The city of Warren shall be entitled to such number of representatives on the board of supervisors of Macomb County as shall be provided by law.

Sec. 11.2 - Selection of supervisors.

The representatives of the city on the board of supervisors of Macomb County shall be the assessor, the city attorney, the controller, the city engineer, the mayor, and such number of electors of the city, including members of the council, who possess the qualifications set forth in this charter for holding city office, as shall be required to complete the number of representatives on such board of supervisors to which the city is entitled. Such electors shall be elected by the council at its first regular meeting following each regular city election and their term of office shall commence forthwith following their election and shall continue for two years. If a supervisor who is the assessor, the city attorney, the controller, the mayor, the city engineer, or a member of the council ceases to hold such office, his office as a supervisor shall thereupon be terminated and a vacancy shall exist. If a member of the council shall be appointed as a representative of the city on the board of supervisors[,] such appointment shall terminate at the end of his then term of office as a councilman.



(a)

(b)

Sec. 11.3 - Temporary absences and vacancies.

In cases of temporary absence or of the inability of any city representative on the board of supervisors, to serve or perform the duties of his office for a full day or more, the mayor shall appoint a qualified person to serve during the absence or inability. If the representative whose place is so filled appears at the meeting of the board of supervisors or committee meeting for which the temporary appointment was made, such temporary appointment shall terminate forthwith. All vacancies in the office of supervisors, shall be filled within thirty days after such vacancy occurs in the manner provided in this charter for filling the position vacated.

Sec. 11.4 - Compensation of supervisors.

Each supervisor shall be entitled to retain any compensation and mileage paid to him by the county.

FOOTNOTE(S):(13) Editor's note— This chapter is non obsolete. The election of supervisors is governed by MCL 46.401 et seq. (Back)

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 12. - JUSTICE COURT >>

CHAPTER 12. - JUSTICE COURT [14]

Sec. 12.1 - Jurisdiction.Sec. 12.2 - Proceedings in justice court.Sec. 12.3 - Compensation of municipal judges.Sec. 12.4 - Disposition of fines.Sec. 12.5 - Bond required.Sec. 12.6 - Rules of court.Sec. 12.7 - Court room and supplies.Sec. 12.8 - Violations bureau.Sec. 12.9 - Court officer; constable.

Sec. 12.1 - Jurisdiction.

Until July 1, 1958, the justices of the peace of the city of Warren shall have and exercise therein and within the county, the same jurisdiction and powers in all civil and criminal matters, causes, suits, and proceedings, and shall perform the same duties in all respects, so far as occasion may require, as are of may be conferred upon or required of justices of the peace by law. They shall have exclusive authority to hear, try, and determine all suits and prosecutions for the recovery or enforcing of fines, penalties, and forfeitures imposed by this charter and the ordinances of the city, and to punish offenders for violations of the charter and ordinances, as therein prescribed and directed, subject only to the limitations prescribed and directed in section 2.6 and section 6.5 of this charter, and shall hear and decide all cases filed in the justice court of the city, except as the same may be transferred to another court, as permitted in section 12.2(b) of this chapter.



(1)

(2)

(3)

(c)

(a)

(b)

(c)

The justices of the peace shall also have:Jurisdiction to the amount of five hundred dollars in all civil matters ex contractu and ex delicto, with such exceptions and restrictions as are or may be provided by law; The same power and authority as the circuit courts of the state possess to set aside, upon legal cause shown therefor, the verdict or judgment in any civil cause, and grant a new trial therein, whenever a motion in writing is made and filed with the justice of the peace within ten days after the rendition of the verdict or judgment in said case. Such motion shall briefly and plainly set forth the reasons and grounds upon which it is made and shall be supported by an affidavit or affidavits setting forth the facts relied upon and filed at the time of filing of said motion. A notice of the hearing of such motion with a copy of the motion and affidavits filed as aforesaid, shall be served upon the adverse party or his attorney at least two days before the hearing thereof. Such motion shall be determined within two days after the same shall have been heard and submitted and such motion shall be submitted and heard within one week after the same shall have been filed. The time for taking an appeal from judgment in case such motion be not granted shall begin to run from the time when such motion shall be overruled. In no case shall the pendency of such motion stay the issuing and levy of an execution in such case, but in case of levy under execution pending such motion, no sale of the property so levied on shall be advertised or made until final determination of such motion; Such additional powers and authorities as may be conferred upon justices of the peace by law, it being the intent of this section that the justices of the peace in the city of Warren shall have and exercise all powers and authority which justices of the peace in cities may now or hereafter be permitted to exercise under law.

On July 4, 1958, the justice court of the city shall become a municipal court, under the provisions of Act No. 5 of the Public Acts of 1956 with concurrent jurisdiction in all civil actions wherein the debt or damages claimed do not exceed one thousand dollars and concurrent jurisdiction in all actions of replevin wherein the value of the property involved does not exceed the sum of one thousand dollars. The council shall fix the compensation of the judges of such court not later than thirty days prior to the last date for filing nomination petitions for election at a special city election held on the first Monday in April in the year 1958, with a primary election therefor held on the third Monday in February preceding such election, if necessary, under the provisions of this charter.

Sec. 12.2 - Proceedings in justice court.

The proceedings in all suits and actions before the justices of the peace or municipal judges, and in the exercise of the powers and duties conferred upon and required of them shall, except as otherwise provided in this charter, be according to and governed by the provisions of law, which are applicable to justice courts and to the proceedings before such courts. The justices of the peace or municipal judges shall take judicial notice of all ordinances of the city and it shall not be necessary to prove such ordinances or the adoption thereof in any case before them. Any cause pending before a justice of the peace may, whenever he is unable to act in such cause at the time the matter comes before him, be transferred upon his order or,



(d)

(a)

[b](2)

in case of his absence, by the clerk of the court to the other justice of the peace of the city or to a justice of the peace of a city or township in Macomb county, without notice to any of the parties in the cause, but a note of such transfer shall be entered upon the docket of the case. In such case, the docket shall be signed in the time and manner provided by law by the justice who gave final judgment in such cause. The council shall set the compensation to be paid to any justices of the peace of any other city or of a township to which any case or cases commenced in the justice court of the city may be transferred. Until July 4, 1958, the city clerk shall be the clerk of the court for the purposes of this subsection. Beginning July 4, 1958, the city shall furnish the court room and other facilities required by the municipal court of the city.

Sec. 12.3 - Compensation of municipal judges.

Until the fourth day of July, 1958, the justices shall receive as their sole compensation for the performance of the duties of their office the usual fees provided by law for the compensation of justices of the peace in townships. Beginning July 4, 1958, the municipal judges of the city shall be paid a salary in lieu of all fees, costs, and charges to which said judges would otherwise be entitled, except fees for the performance of marriage ceremonies, and for administering oaths in matters not connected with suits or proceedings in the city.

Sec. 12.4 - Disposition of fines.

All fines, penalties, and forfeitures collected or received by the justices of the peace or municipal judges for, or on account of, violations of the penal laws of the state, and all fines, penalties, forfeitures, and moneys collected or received by such justices or judges, for, or on account of violations of any ordinances of the city, shall be paid over by such justice or judge to the city treasurer on or before the 10th day of the month next after the collection or receipt thereof, and the justice or judges shall take the receipt of the city treasurer therefor and file the same with the controller. Each such justice or judge shall report, on oath, to the treasurer, at the time of making the payments herein provided for, the name of every person against whom a prosecution has been commenced, or judgment rendered for any of such fines, penalties, or forfeitures, and the amount of all moneys received by him on account thereof, or on account of any such suit or prosecution. All fines recovered for the violation of the penal laws of the state when collected and paid into the city treasury shall be disposed of as provided by law.

Sec. 12.5 - Bond required.

Each justice of the peace or municipal judge, in addition to any other security required by law to be given for the performance of his official duties, shall, before entering upon the duties of his office, give a corporate surety bond to the city, in a penal sum of ten thousand dollars, to be approved by the mayor, which approval shall be endorsed upon the bond, conditioned for the faithful performance of the duties of justice of the peace or municipal judges within and for the city.

Sec. 12.6 - Rules of court.



Subject to the approval of the council, the justices of the peace or municipal judges may, by court rule, regulate the office hours and make other necessary and proper rules for the regulation and conduct of the office hours and make other necessary and proper rules for the regulation and conduct of the city's court, which rules shall not be inconsistent with the provisions of this charter and the general laws of the state.

Sec. 12.7 - Court room and supplies.

The city shall furnish the municipal judges with all necessary dockets, books, forms, and stationery which may be required for the proper conduct of their office. All such books and forms shall be and remain the property of the city.

Sec. 12.8 - Violations bureau.

The council shall pass an ordinance establishing a violations bureau within the court of the city. Such ordinance shall not be effective until July 4, 1958. The creation of such a bureau by the council shall not operate so as to deprive any person of a full and impartial hearing in court, should such person so choose.

Sec. 12.9 - Court officer; constable.

With the advice and subject to the confirmation of the municipal judges or justices of the peace, as the case may be, the mayor may appoint two members of the police force of the city of Warren or any persons having the qualifications of elective officers of the city to act as court officers in the municipal court. Such officers shall be charged with the duty of and shall be responsible for maintaining order in the court room under the direction of the judge, and shall be responsible for the safety and custody of persons charged with the commission of crime while such persons are in the court room. Such officers shall be the constables of the city and shall have like powers, authorities, and immunities in matters of civil and criminal nature and in relation to the service of process, civil and criminal, as are conferred by law on constables in townships. They shall have power to serve all processes issued for violations of the ordinances of the city. The compensation of any court officer who is a police officer, shall be that to which he is entitled as a police officer, based upon the grade and seniority held by him. If a court officer shall be other than a police officer, he shall be compensated as provided in the city budget, or, if not so provided, as the council shall determine. Salaried compensation shall be in addition to the fees received by a court officer in the performance of his duties as constable.

FOOTNOTE(S):(14) Editor's note— This chapter is non obsolete. The justice court was abolished by MCL 600.9921. (Back)

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 13. - ELECTIONS >>

CHAPTER 13. - ELECTIONS [15]

Sec. 13.1 - Non-partisan elections.Sec. 13.2 - Qualifications of electors.Sec. 13.3 - State laws to govern; party procedure not to apply.



Sec. 13.4 - Informalities in conducting elections.Sec. 13.5 - Primary elections.Sec. 13.6 - Nominating petitions.Sec. 13.7 - Withdrawal of candidates.Sec. 13.8 - Return of certain filing fees.Sec. 13.9 - Form of nominating petition.Sec. 13.10 - Notification of candidates.Sec. 13.11 - Election commission and duties.Sec. 13.12 - Meeting and quorum.Sec. 13.13 - Appointments by election commission.Sec. 13.14 - Compensation.Sec. 13.15 - General powers and duties.Sec. 13.16 - Election notice; contents, how published and posted.Sec. 13.17 - Time of regular city elections.Sec. 13.18 - Names on ballot.Sec. 13.19 - Special city elections.Sec. 13.20 - Voting hours.Sec. 13.21 - Canvass of elections.Sec. 13.22 - Election by lot, in case of tie vote.Sec. 13.23 - Election expenses.Sec. 13.24 - Employee political activity prohibited.Sec. 13.25 - Acts to influence electors prohibited.Sec. 13.26 - Recount.

Sec. 13.1 - Non-partisan elections.

The nomination and election of all city officers shall be on a non-partisan basis.

State law reference— Mandatory that Charter provide for the nomination of elective officers by partisan or nonpartisan primary or by petition, MCL 117.3(b).

Sec. 13.2 - Qualifications of electors.

Each person who has the constitutional qualifications of an elector in the state of Michigan or who will have such qualifications at the next primary or regular or special election to be held in the city, shall be entitled to register as an elector of the city of Warren in the election precinct in which he resides.

State law reference— Mandatory that Charter provide for registration of electors, MCL 117.3(c); registration of electors generally, MCL 168.491 et seq.

Sec. 13.3 - State laws to govern; party procedure not to apply.

The general election laws of the state shall apply to and control all procedure relating to registration of electors in the city and to the conduct of primary, regular, and special city elections therein, except as such general laws relate to political parties or partisan procedure, and except as otherwise provided by this charter. Subject to the provisions of this charter relative to political parties and partisan procedure, and until and except as otherwise provided by the council, the ballots or votes cast at all elections held in the city shall be cast, registered, recorded, and counted as provided by law.



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

Sec. 13.4 - Informalities in conducting elections.

No informalities in conducting any city primary or election shall invalidate the same, if they have been conducted fairly, in substantial conformity with the requirements of this charter and the general law of the state, and no elector can be said to have been misled or deceived by such informalities.

Sec. 13.5 - Primary elections.

A primary election for the nomination of candidates for all elective municipal offices to be filled at the succeeding regular municipal election shall be held on the date prescribed by law for the holding of the general primary election for the biennial spring election. If upon the expiration of the time for filing nomination petitions for any elective city office, it appears that petitions have been filed for no more than twice the number of positions in such office to be filled at the next city election, then no primary election shall be held with respect to that office.

Editor's note— The city has opted for an odd-year primary election on the Tuesday following the second

Monday in September in each odd-numbered year pursuant to MCL 168.644b. See Code of Ordinances Section 2-61

Sec. 13.6 - Nominating petitions.

No candidate's name shall be placed upon primary election ballots for nomination for any city office, unless there shall be filed with the clerk a nominating petition therefor, containing signatures of registered electors of the city equal in number to not less than one per cent nor more than four per cent of the number of votes cast in the city for the office of secretary of state at the last preceding November election. In lieu of such a petition there may be deposited with the clerk a declaration of candidacy and a filing fee in the sum of one hundred dollars. Such declaration of candidacy shall contain the same information as is required to be set forth on nominating petitions. Such nominating petitions and declarations shall be received by the clerk up to the hour of five o'clock in the afternoon of the seventh Monday preceding such primary election. A nominating petition or declaration of candidacy may be accepted by the clerk only when signed by the candidate or accompanied by his written consent to the filing thereof. Filing fees so deposited with the clerk shall be deposited by him with the treasurer not later than the day following his receipt thereof and shall not be refunded, except as provided in this chapter. No person shall seek more than one city office at any primary or election and, if petitions are filed for two or more offices by any candidate, or on his behalf, he shall withdraw all or all but one of the petitions or declarations of candidacy for office filed by him or on his behalf, subject to the provisions of section 13.7 and 13.8 of this chapter. If there be no such withdrawal, such a person shall be deemed to be a candidate for the office for which a petition or declaration of candidacy was first filed with the clerk.

State law reference— Mandatory that Charter provide for nomination of elective officers, MCL 117.3(b); non-partisan nominating petitions, MCL 168.544a.

Sec. 13.7 - Withdrawal of candidates.



After the filing of a nominating petition or declaration of candidacy by or on behalf of any candidate for any elective city office, such candidate shall not be permitted to withdraw, unless written notice is served on the clerk not later than three days after the last day for filing such petition. A candidate who so withdraws and a person who files a declaration of candidacy on behalf of a candidate shall not be entitled to a refund of any filing fee deposited with the clerk.

Sec. 13.8 - Return of certain filing fees.

Within three days subsequent to the final certification of the results of any primary election by the board of city canvassers, on account of which such deposits were made, the clerk shall file with the treasurer a certificate, showing the total number of votes cast at such primary election for each candidate for the various city offices and the address as shown on the nominating petition or declaration of candidacy. If a candidate, at any such primary election, shall have received a number of votes sufficient to nominate him for election or to place him among the persons receiving the next three highest number of votes received by persons who were not so nominated, the treasurer shall refund to such candidate or to the person filing a declaration of candidacy on his behalf, the sum deposited with the declaration. Any candidate who receives a number of votes less than as above set forth shall be notified by the treasurer that any fee deposited by him or on his behalf has been forfeited. Deposits forfeited under this section shall be paid into and credited to the general fund of the city.

Sec. 13.9 - Form of nominating petition.

The form of nominating petition shall be substantially the same as that designated by law or the secretary of state for the nomination of nonpartisan judicial officers. A supply of official petition and declaration forms shall be provided and maintained by the clerk.

State law reference— Non-partisan nominating petitions, MCL 168.544a.

Sec. 13.10 - Notification of candidates.

Within three days after the last date for filing petitions, the clerk shall make his final determination as to the validity of each nominating petition and shall write the date of his determination thereof on the face of the petition. Immediately, after making such determination, the clerk shall give written notice to each candidate whose petitions are invalid.

Sec. 13.11 - Election commission and duties.

A city election commission, consisting of the clerk, city attorney, and assessor is hereby created.

Sec. 13.12 - Meeting and quorum.

The meetings of the city election commission shall be held in the council chambers or in the office of the clerk and shall be public. At all meetings a majority of the members shall constitute a quorum. If a quorum is not present the commission or commissioners present shall appoint one or more administrative officers of the city to make a quorum. Such officers shall take the oath of office and their acts shall be valid as members of the commission. The commission shall be in continuous session on all election days and on such other days as its duties may require. The clerk shall serve as chairman of the commission.



(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Sec. 13.13 - Appointments by election commission.

The commission shall have authority to employ and appoint such inspectors of election and other assistants as may be necessary to carry out the duties herein prescribed and those required of it by law.

Sec. 13.14 - Compensation.

The inspectors of election and other assistants of the commission engaged in the conduct of an election shall receive such compensation for their services as the council may direct.

Sec. 13.15 - General powers and duties.

The elections commission shall have power and it shall be its duty:

To provide places for voting which shall, insofar as possible, be located in school houses, or in police and fire stations and other buildings owned by the city, and in cases where voting places cannot be so provided, to build or otherwise provide places for use at elections; To prepare and print election ballots (or ballot labels or slips to be placed on voting machines if used) for all city officers for whom the electors are entitled to vote and for all questions to be submitted to the electors of the city; To have general supervision of all elections in the city, including power to prevent any and all manner of fraud and corruption in the registration, voting, or counting of votes thereat; To select and appoint registered electors of the city, who shall be qualified to discharge the duties of election officers, for each election precinct thereof, which qualifications shall be determined in such manner as shall be provided by the commission. No precinct election officer so appointed shall hold any city employment or office, or be a relative within the third degree of consanguinity or affinity of a candidate for any city office; To provide, when necessary, for the examination of any applicant for appointment as a precinct election officer, to be appointed by the commission and the passage of a qualifying examination prior to the applicant's employment; To remove any precinct election officer, for cause, at any time and to appoint some suitable and qualified person to act in his place; To make complaint and to prosecute any person whom the commission shall have good cause to believe has been guilty of violation of the election laws; and To adopt, prescribe, and publish rules of procedure not inconsistent with the provisions of law.

Sec. 13.16 - Election notice; contents, how published and posted.

The clerk shall give notice of each primary, regular, or special city election as required by law. Proof of publication and posting such notices shall be made by proper affidavits filed in the office of the clerk.

Sec. 13.17 - Time of regular city elections.



(a)

(b)

Regular city elections shall be held biennially in the odd numbered years on the first Monday in April.

Editor's note— The city now has an odd-year general election held on the Tuesday succeeding the first

Monday in November in every odd-numbered year pursuant to MCL 168.644a.

Sec. 13.18 - Names on ballot.

The printing and numbering of the ballots used in any city primary or election or the preparation of voting machines therefor shall conform to that prescribed by the general laws of the state, except that no party designation or emblem shall appear upon any city ballot. The order of offices on any primary or election ballot shall be mayor, council, and municipal judges. [16] Names of candidates shall be placed on the primary ballot for only such offices as shall have more than twice the number of candidates to be elected seeking such office to be filed at the following regular city election. Where a primary election is required to be held with respect to any office or offices, the two candidates at the primary election receiving the highest number of votes cast, for mayor, and the four such candidates receiving the highest number of votes for the office of municipal judge, and eighteen persons receiving the highest number of votes cast for candidates for councilman, together with the names of candidates not required to be placed on the primary election ballot shall be printed on the ballot for the regular city election.

Sec. 13.19 - Special city elections.

Special city elections shall be held when called by resolution of the council passed at least sixty days in advance of such election, or when required by law. Any resolution calling a special election shall set forth the purpose of such election. No more than two special city elections shall be held in any calendar year.

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

Sec. 13.20 - Voting hours.

The voting hours for all city elections shall be those established by law for state and county elections.

State law reference— Opening and closing of polls, MCL 168.720.

Sec. 13.21 - Canvass of elections.

At two o'clock in the afternoon on the day next succeeding any city primary or election the election commission shall convene in the office of the clerk, or other public place which has been publicly announced, and shall determine the results of the election upon each question and proposition voted upon and which persons were duly nominated or elected at the primary or election. Thereupon the clerk shall make triplicate certificates showing what persons were declared nominated for or elected to each of the several offices respectively. He shall forward one copy of each such certificate to the county clerk, file one of each of such certificates in his office, and forward the other by certified mail to each person nominated for or



elected to a city office, addressed to him at the address given in his nomination petition or declaration, which certificate shall constitute a notice of nomination or election.

Editor's note— Canvassing in cities having more than five (5) precincts is governed by MCL 168.30a et seq.

Sec. 13.22 - Election by lot, in case of tie vote.

If there be no choice for any office by reason of two or more candidates having received an equal number of votes, the election commission shall name a date for the appearance of such persons for the purpose of determining the tie by lot, as provided by law. Should any person or persons fail or refuse to appear, in person or by representative, to determine the result of any tie election at the time and place named by the election commission, such determination shall be made by lot in his or their absence, at the direction and under the supervision of the election commission. Such determination shall, in any event, be final.

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

Sec. 13.23 - Election expenses.

A duplicate copy of the detailed account of election expenses required by law to be filed with the county clerk by candidates for city offices shall be filed with the clerk within the time limited by law for filing the same with the county clerk. The holding of the city office to which a candidate has been elected and the payment of the remuneration provided for such office shall be subject to the provisions of law relating to the filing of such accounts with the county clerk.

Sec. 13.24 - Employee political activity prohibited.

No employee of the city shall make any contribution to the campaign funds of any candidate for nomination for or election to public office of the city, other than himself, but such employee may take part in the political campaign of any such candidate outside of his working hours.

State law reference— Political activities by public employees, MCL 15.401 et seq.

Sec. 13.25 - Acts to influence electors prohibited.

No person shall give, offer to give, or promise any money or other consideration to any elector or to any person for the purpose of influencing the vote of any elector at any election provided for in this charter, or to or for any elector for the purpose of securing support for any candidate at such election.

State law reference— Similar provisions, MCL 168.931(1)(a).

Sec. 13.26 - Recount.

A recount of the votes cast at any city primary or 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.



(a)

(b)

(a)

(b)

(c)

(1)

FOOTNOTE(S):(15) State Law reference— Michigan election laws, MCL 168.1 et seq., mandatory that Charter provide for the time, manner and means of holding elections, MCL 117.3(c). (Back)

(16) Editor's note— Municipal courts were abolished by MCL 600.9921. (Back)

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 14. - CONTRACTS >>

CHAPTER 14. - CONTRACTS

Sec. 14.1 - Authority of council.Sec. 14.2 - Purchase and sale of personal property.Sec. 14.3 - Limitations on contractual power.Sec. 14.4 - Business dealings with city.

Sec. 14.1 - 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 law. All contracts, except as otherwise provided by ordinance in accordance with the provisions of section 14.2 hereof, shall be authorized by the council and shall be signed on behalf of the city by the mayor and the clerk.

Sec. 14.2 - Purchase and sale of personal property.

The council shall establish, by ordinance, the procedures for the purchase and sale of personal property, under the direction of the division of purchasing. The ordinance shall provide the dollar limit within which purchases of personal property may be made without the necessity of securing competitive bids, and the dollar limit within which purchases may be made without the necessity of council approval. No purchase of personal property shall be made, unless a sufficient appropriation is available therefor.

Sec. 14.3 - Limitations on contractual power.

The city shall not purchase, sell, or lease any real estate or any interest therein except by resolution concurred in by at least five members of the council. The city shall not enter into a contract which will not be fully executed within a period of ten years, without the approval of a majority of the electors voting thereon at a regular or special election, unless such contract is with a public utility or one or more governmental units. The city shall not have power to sell, lease, or dispose of any real estate owned by it, without the approving vote of a majority of the electors of the city voting on the proposition to sell, lease, or dispose of such real estate at a regular or special election, unless:

The council resolution to sell such real estate shall be completed in the manner in which it is finally passed and has remained on file with the clerk for public inspection for thirty days before the final adoption or passage thereof, and



(2)

(d)

(e)(f)

Such resolution is approved by the affirmative roll call vote of five or more members of the council.

Except as provided by ordinance authorized by section 14.2 of this chapter, each contract for public improvements or personal property shall be let after opportunity for competitive bidding. All bids shall be opened in public in the council room by a committee comprised of secretary of the council, the clerk, and the controller, at the time designated in the notice of letting and shall be reported by the committee to the council at its next meeting. The council may reject any or all bids if deemed advisable. If all bids are rejected, or if no bids are received, the council may obtain new bids or authorize the division of purchasing to negotiate in the open market for a contract. No contract shall be made with any person who is in default to the city.No extra compensation shall be paid to any agent, employee, or contractor after the service has been rendered or the contract entered into.

State law reference— Restriction on making contracts with persons in default to city, MCL 117.5(f).

Sec. 14.4 - Business dealings with city.

An officer, who intends to have business dealings with the city, whereby he may derive any income or benefits, other than such as are provided as remuneration for his official duties, shall file with the clerk a statement, under oath, setting forth the nature of such business dealings, and his interest therein. The statement shall be filed with the clerk not less than ten days before the date when action may be taken by the council or any other agency of the city upon the matter involved. The statement shall be spread upon the proceedings of the council and published in full therewith. Approval of any such business dealings shall require a concurring vote of at least five members of the council, not including any member who is disqualified under section 5.5(i) of this charter. Any business dealing made in violation of this section shall be void.

Editor's note— This section has been preempted by MCL 15.321 et seq., on conflicts of interest as to

contracts.

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 15. - PUBLIC UTILITY SERVICES >>

CHAPTER 15. - PUBLIC UTILITY SERVICES [17]

Sec. 15.1 - General powers respecting municipal utilities.Sec. 15.2 - City's water supply system.Sec. 15.3 - Rates.Sec. 15.4 - Collection of municipal utility rates and charges.Sec. 15.5 - Disposal of municipal utility plants and property.Sec. 15.6 - Public utility franchises.Sec. 15.7 - Limitations on the granting of franchises.Sec. 15.8 - Procedure for granting franchises.Sec. 15.9 - Sale or assignment of franchises.



(a)

(b)

(a)

Sec. 15.1 - General powers respecting municipal utilities.

The city shall have all the powers granted by law to acquire, construct, own, operate, improve, enlarge, extend, repair, and maintain public utilities, either within or without its corporate limits and either within or without the corporate limits of Macomb County, including, but not by way of limitation, public utilities for supplying water and water treatment, sewage disposal and treatment, electric light and power, gas, steam, heat, public transportation, or any of them, to the municipality and the inhabitants thereof; and also to sell water, electricity, gas, steam, heat, transportation, and other utility services beyond its corporate limits as authorized by law.

Sec. 15.2 - City's water supply system.

The water supply system of the city shall be under the general control of the council. Where any ordinance of the former Charter Township of Warren or the Village of Warren shall provide for the administration of the township or village water supply system by a board or commission, the council shall be the successor of such board or commission and shall exercise the powers and duties thereof. The receipts and funds of the system shall be used exclusively for the purpose of defraying the operating and capital expenses of the system, including the payment of the principal of [or] any interest on any debt of the system, and for no other purpose or purposes. For the purposes of this section, the water system of the city shall include the city's water supply and distribution system and the sewers and sewage disposal system as a single system.

Sec. 15.3 - Rates.

The council shall fix just and reasonable rates and such other charges as may be deemed advisable for supplying water and other municipal utility services to the inhabitants of the city and others. No discrimination in rates, within any classification of users, shall be permitted, nor shall free service be permitted. Increased rates may be charged for service outside the corporate limits of the city. The rates and charges for each municipal utility shall be fixed by the council on a basis at least adequate to compensate the city for the cost of such service and to make reasonable provisions for the extension thereof according to the needs of the city. Transactions pertaining to the ownership and operation of each such municipal utility shall be recorded in a separate group of accounts, which shall be classified in accordance with generally accepted accounting practices. The superintendent or other person in charge of each utility of the city shall file with the mayor and council a report of the financial and physical status of such utility within thirty days following the months of March, June, September, and December of each year, covering the preceding three months period. An annual report shall be prepared to show the financial position of each utility and the results of its operation. A copy of such report shall be available for inspection at the office of the clerk.

Sec. 15.4 - Collection of municipal utility rates and charges.

The council shall provide by ordinance for the collection of rates and charges for public utility services furnished by the city. When any person fails or refuses to pay to the city any sums due on utility bills, the service upon which delinquency exists may be discontinued and suit may be brought for the collection thereof.



(b)

(c)

(1)

(2)

(3)

(4)

(5)

(6)

Except as otherwise provided by law, the city shall have as security for the collection of all charges for utility services furnished by it a lien upon the premises to which utility services were supplied and, for such purposes, shall have all the powers granted to cities by law. The lien shall become effective immediately on the distribution or supplying of utility services to such premises. Except as otherwise provided by law, all unpaid charges for utility services furnished to any such premises, which, on the thirty-first day of March of each year, have remained unpaid for a period of three months or more, shall be reported to the council by the controller at the second meeting thereof in the month of April. The council thereupon shall order the publication in a newspaper of general circulation in the city of notice that all such unpaid utility charges not paid by the thirtieth day of April will be assessed upon the city's tax roll against the premises to which such utility services were supplied or furnished and such charges shall then be spread upon the city's tax roll and shall be collected in the same manner as the city taxes.

Sec. 15.5 - Disposal of municipal utility plants and property.

Unless approved by the affirmative vote of three-fifths of the electors voting thereon at a regular or special city election, the city shall not sell, exchange, lease, or in any way dispose of any property, easement, equipment, privilege, or asset, needed to continue the operation of any municipal public utility. All contracts, grants, leases, or other forms of transfer in violation of this section shall be void and of no effect as against the city. The restrictions of this section shall not apply to the sale or exchange of articles of machinery or equipment of any municipally owned public utility, which are no longer useful or which are replaced by new machinery or equipment, or to the leasing of property not necessary for the operation of the utility, or to the exchange of property or easements for other needed property.

Sec. 15.6 - Public utility franchises.

The city may grant a franchise to any person for the use of the streets; alleys, bridges, and other public places of the city for the furnishing of any public utility service to the city and its inhabitants. Franchises and renewals, amendments, and extensions thereof shall be granted only by ordinance. Public utility franchises shall include provisions for fixing rates and charges and may provide for readjustments thereof at periodic intervals. The city may, with respect to any public utility franchise granted after the effective date of this charter, whether or not so provided in the granting ordinance:

Revoke the same for the violation of any of its provisions, for the misuse or non-use thereof, or for failure to comply with any provision thereof, or for failure to comply with any regulation imposed under authority of this section; Require proper and adequate extension of plant and the maintenance thereof at the highest practicable standards of efficiency;Establish reasonable standards of service and quality of products, and prevent unjust discrimination in service or rates;Require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof; Impose other regulations determined by the council to be conducive to the health, safety, welfare, and convenience of the public;



(7)

(8)

Require the public utility to permit joint use of its property and appurtenances located in the streets, alleys, bridges, 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 reasonable rental therefor, and, in the absence of agreement, upon application by the public utility, provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefor; Require the public utility to pay any part of the cost of improvement or maintenance of the streets, alleys, bridges, and public places of the city, that arises from its use thereof, and to protect and save the city harmless from all damages arising from such use; Require the public utility to file with the clerk such reports concerning the public utility and its financial operation and status as the council may request.

Sec. 15.7 - Limitations on the granting of franchises.

No franchise shall be granted by the city for a term exceeding thirty years and no exclusive franchise shall ever be granted. Each franchise shall include a provision requiring the franchise to take effect within one year after the adoption of the ordinance granting it, except in the case of grants to take effect at the end of an existing franchise. An irrevocable franchise and any extension or amendment of such franchise may not be granted by the city, unless it has first received the affirmative vote of at least three-fifths of the electors of the city voting thereon at a regular or special city election. A franchise ordinance may be approved by the council, for referral to the electorate, only after a public hearing has been held thereon and after the grantee named therein has filed with the clerk his unconditional acceptance of all the terms of the franchise. No special election for such purpose may be ordered by the council, unless the expense of holding such election, as determined by the council, has first been paid to the treasurer by the grantee.

State law reference— Franchises limited to thirty (30) years, Mich. Const. 1963, Art. VII, § 30; submittal to electors if irrevocable, Mich. Const. 1963, Art. VII, § 25; expenses of special election to be paid by grantee, MCL 117.5(i).

Sec. 15.8 - Procedure for granting franchises.

Every ordinance granting a franchise, license, or right to occupy or use the streets, alleys, bridges, or public places in the city shall remain on file with the clerk for public inspection in its final form for at least thirty days before the final adoption thereof, or the approval thereof for referral to the electorate.

Sec. 15.9 - Sale or assignment of franchises.

The grantee of a franchise may not sell, assign, sublet, or allow another to use the same, unless the council gives its consent: provided that, nothing in this section shall limit the right of the grantee of any public utility franchise to mortgage its property or franchise, nor shall restrict the rights of the purchaser, upon foreclosure sale, to operate the same, except that such mortgagee or purchaser shall be subject to the terms of the franchise and provisions of this chapter.

FOOTNOTE(S):



(a)

(b)

(17) State Law reference— Mandates relative to public utilities, Mich. Coast. 1963, Art. VII, §§ 24, 25; permissible that Charter provide for operation of utilities, MCL 117.4c, 117.4f. (Back)

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 16. - MUNICIPAL PENSION PLANS >>

CHAPTER 16. - MUNICIPAL PENSION PLANS

Sec. 16.1 - Policemen and firemen.Sec. 16.2 - Police and fire employees of the village of Warren.Sec. 16.3 - Pensions of general city employees.

Sec. 16.1 - Policemen and firemen.

The pension plan of the Charter Township of Warren for policemen and firemen, as established under the provisions of Act No. 345 of the Public Acts of 1937, [18] as amended, is hereby continued and constituted [constitutes] the pension plan for policemen and firemen of the city under this charter, and, for that purpose, Act No. 345 of the Public Acts of 1937, [19] as amended, heretofore or hereafter, is hereby incorporated into this charter by reference. (Amended by electors on 4-3-61) Each officer and employee of the police department and the fire department of the city shall continue in the status held by him under the said pension plan, as though no change had been made in the government of the territory comprising the territory of the city.

Sec. 16.2 - Police and fire employees of the village of Warren.

Within sixty days after the effective date of this charter, the policemen and firemen employees of the village of Warren who become policemen and firemen of the city shall be included within the pension plan of the city for policemen and firemen on the same basis as though they had been policemen and firemen of the charter township of Warren. The city shall assume and amortize the city's obligation for the prior service of such policemen and firemen. Each such policeman and fireman may pay into the pension plan the amount that he would have contributed, had he been employed by the charter township of Warren, instead of the village of Warren, and the retirement board shall provide a plan for doing so in monthly payments to be completed within ten years after such employees are placed under the city's pension plan for policemen and firemen.

Sec. 16.3 - Pensions of general city employees.

Within one year after the effective date of this charter, the council shall provide a pension plan for the general employees of the city, other than policemen and firemen, and city officers. Such a plan shall be based upon actuarially sound principles pertaining to pension plans. Further, there is hereby created a board of trustees in which is vested the power and authority to administer, manage and operate the retirement system, and to construe and make effective the provisions of the applicable city ordinance. The board shall consist of five trustees as follows:



(a)

(b)

(c)

(d)

The mayor, or a citizen of the city designated by him as his alternate[,] to serve at the pleasure of the mayor.A councilman to be selected by the council[,] to serve at the pleasure of the council.A citizen, who is an elector of the city and who is not eligible to participate in the retirement system as a member, retirant, or beneficiary, to be appointed by the mayor. Two members to be selected from and elected by the general membership of the retirement system. (Amended by electors on 11-8-77)

FOOTNOTE(S):(18) Editor's note— See MCL 38.551 et seq. (Back)(19) Editor's note— See MCL 38.551 et seq. (Back)



Documents

Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> · Const. 1963, Art. VII, § 22. (Back) Warren, Michigan, Code of Ordinances >> PART I - CHARTER >> CHAPTER 1. - BOUNDARIES