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CHARTER
City of Pontiac
Michigan, '
wild
AS ADOPTED BY A VOTE OF THE PEOPLE
JULY 12, 1920.
TO TAKE EFFECT SEPTEMBER 15, 1920.
Dup. U. of C
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EXCHANGE
UNIVERSITY OF CH CACO
LIBRARY
JUN 21 35
PREAMBLE.
We, the people of the City of Pontiac, Michigan, under
the authority and by virtue of the Constitution and General
Laws of the State of Michigan, do hereby revise the Charter
of said City, and do ordain and establish this Charter for the
City of Pontiac, Michigan, in the following form, with pro-
visions as hereinafter expressed:
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1
CHAPTER I.
Name and Boundaries.
Section 1. The Municipal corporation heretofore
created and now existent, known and designated as the
"City of Pontiac” shall continue as a body corporate and
politic under the same name, and shall include within its
domain all the territory hereinafter described, together with
such additional territory as may be annexed to it from time
to time, in the manner prescribed by law, and it may exercise
such powers as are or shall be conferred upon it by law, over
lands lying beyond its territorial limits.
Section 2. The City of Pontiac shall include all the
territory described as follows: The South half of Sections
nineteen (19) twenty (20) and twenty-one (21), and the
whole of Sections twenty-eight (28), twenty-nine (29),
thirty (30), thirty-one (31), thirty-two (32), and thirty-three
(33), all in Township Three (3) North, Range Ten (10) East,
and being in the Township of Pontiac, County of Oakland,
State of Michigan.
CHAPTER II.
>
General Powers.
Section 1. The said City, as such, shall have perpetual
succession; may use a corporate seal; may sue and be sued;
may acquire property in fee simple or lesser interest or es-
tate by purchase, gift, bequest, devise, condemnation, appro-
priatiori or lease with privilege to purchase, for any muni-
cipal purpose, including ways, public parking grounds, parks,
recreational grounds, which shall be deemed to include the
use of such grounds for amusements and all athletic sports
and educational activities; may sell, lease, hold, manage and
control such property, and may make any and all rules and
regulations by ordinance or resolution which may be deem-
ed proper or which may be required to properly regulate and
control all property used for public or any of the aforesaid
purposes; or to carry out fully the provisions of any convey-
ance, deed, or will, in relation to any gift, devise or bequest
or the provision of any lease by which it acquired property
or according to the judgment of any Court, in the condemna-
tion of property for any purpose; may acquire, construct,
own, lease, operate and regulate public utilities; may regu-
late and control food, food supplies and food products; main-
tain, operate, license, own and control public fuel supplies
and markets of every kind; may regulate and control the
storing, handling, disposing and sale of explosives of every
character; the construction of cellars and basements so far
as the same in any manner affects the public health; may
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take all needful and necessary steps for the care and relief
of the poor and indigent, delinquents and juvenile offenders,
those mentally or physically deficient, and the removal and
remedying of the causes thereof; may adopt a city plan;
may provide a plan of streets and alleys for a distance of
three miles beyond the city limits and require that all streets
and alleys in said district, dedicated to the public, shall con-
form therewith; may provide for the restriction or exclusion
of business from certain districts of the city; may establish
the building line of houses with relation to streets; the width
and depth of lots; the amount of air space around houses;
may enact a building and housing code and may require
building permits for all buildings or structures erected in the
city; may regulate the planting and setting of trees, shrubs,
flowers or plants and the care thereof; may exercise jurisdic-
tion over all diseased or noxious trees, shrubs, and plants;
may provide for taking a census of the city; may assess, levy
and collect taxes for general and special purposes on all the
subjects or objects which the city may lawfully tax; may
borrow money on the faith and credit of the city by the
issue and sale of bonds or notes of the city; may appropriate
the money of the city for any and all lawful purposes; may
create, provide for, construct, regulate and maintain all
things in the nature of public works and improvements; may
levy and collect assessments for local improvements; may
define, prohibit, abate, suppress, regulate or prevent all
things detrimental to the health, morals, comfort, safety,
convenience and welfare of the inhabitants of the city, and
all nuisances and causes thereof; may regulate the construc-
tion, height, and the material used in all buildings and the
maintenance and occupancy thereof; may regulate, license
or prohibit the construction, location, size, height, and the
materials used in all bill-boards and the maintenance and
use of the same; may provide for the regulation and control
of all weights and measures and the use thereof; may regu-
late, license, control or prohibit the sale or peddling of goods,
wares, merchandise or any kind of property by persons going
about from place to place in the city for that purpose; may
regulate, license and control, cab-drivers, draymen, team-
sters, taxicabs, jitneys, and other forms of conveyance; may
regulate, license and control hotels, rooming houses, board-
ing houses, restaurants, candy and soft drinks manufacturers
and distributors, either wholesale or retail, and other busi-
ness and occupations; may regulate the location of and li-
cense telegraph, telephone and electric light poles within
the city; may construct, maintain and regulate fountains and
public drinking places, including watering troughs; may li-
cense dogs, and other animals; may regulate and control the
use, for whatever purpose, of the streets, alleys and other
public places; may create, establish, combine, organize and
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abolish offices and departments, provided, that said city shall :
not abolish the office of City Manager; provide for the elec-
tion or appointment of and fix the salaries and compensation
of all officers and employees, except as herein otherwise pro-
vided; may make and enforce local police and sanitary regu-
lations; may provide for the issuance of bonds of said city
for the purpose of providing the first cost of installation and
connection of sewers and water works on and to property
when such installation and connections shall have been or-
dered by the proper health authorities, and to provide for a
lien on such property for the money so used; may license
and impose a license fee on street cars, telephone, gas me-
ters, electric meters, water meters, or any other device for
measuring service, also telephone, telegraph, electric light
and power poles and wires; all said license fees shall be ex-
clusive of and in addition to other lawful taxes upon such
property or the holder thereof. May provide for the ap-
proval of all plats of lands, subject to such terms and condi-
tions as may be deemed best; may do any and all things
needful, necessary or proper to furnish, supply, control and
regulate water supply, sewage, sewage disposal, sanitation,
and sanitary control within or without the boundaries of said
city, upon such terms and conditions as the commission
shall decide; may regulate and control the disposition and
handling of garbage, ashes, dead animals and any other ar-
ticle or thing detrimental to public health or good sanita-
tion; and may pass such ordinances and adopt such resolu-
tions as may be deemed expedient or necessary to maintain
and promote the peace, good government and welfare of the
City and for the performance of the functions thereof; may
build and equip or acquire by purchase, gift, bequest, devise
or agreement, city hospitals, and provide for the manage-
ment, operation, and maintenance of the same; may exer-
cise all powers which now or hereafter it would be compe-
tent for this Charter to enumerate as fully and completely
as though said powers were specifically enumerated herein;
and no enumeration of particular powers by this Charter
shall be held as exclusive or in any wise a limitation on said
City to legislate on other subjects; and all such powers,
whether expressed or implied, shall be exercised and enforced
in the manner as shall be provided by ordinance, resolution
or the general laws of the State.
Section 2. The city shall have power to provide for and
change the location and grade of all street crossings of any
railroad track; and to compel any railroad company or
street railway company to raise or lower their railroad
tracks to conform to street grades which may be established
by the city from time to time; and to construct street cross-
ings in such manner, and with such protection to persons
crossing thereat, as the City may require, and to keep them
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in repair; also to require and compel railroad companies to
keep flagmen or watchmen at railroad crossings; to regu-
late and prescribe the speed of all locomotives and railroad
trains and street railway cars within the city; and regulate
the obstructing of crossings by trains, engines, cars or other-
wise.
Section 3. The Commission shall have the power to
create a municipal court and if such court be created to fix
the salary of its presiding judge and other officers and em-
ployees thereof; prescribe the power, jurisdiction and duties
of such court, and make such other provisions, relating
thereto, as the Commission shall deem necessary.
Section 4. All the powers possessed by said city may be
exercised beyond the boundaries of the city so far as the
Laws of the State will permit.
Section 5. After the adoption of this Charter, the city
shall continue to be vested with all property, moneys, con-
tracts, rights, credits, effects, and records, files, books and
papers belonging to it as formerly incorporated.
No right
or liability either in favor of or against the city, existing at
the time of the taking effect of this Charter, and no suit or
prosecution of any character shall in any manner be af-
fected by such change, but the same shall stand or proceed
as if no change had been made. All debts and liabilities of
the city shall continue to be its debts and liabilities and all
fines and penalties imposed and all taxes and assessments
levied and uncollected at the time of such change shall be
collected, and all licenses issued by the city shall be and re-
main the same as if such change had not been made; pro-
vided that when a different remedy is given in this Charter.
or in any ordinance, pursuant hereto, which can be made
applicable to any rights existing upon the adoption of this
Charter or subject thereto, the same shall be deemed cumu-
lati to the remedies before provided, and may be used ac-
cordingly, unless the newly provided remedy shall be ex-
pressly declared to be exclusive.
CHAPTER III.
Plan of Government.
Section 1. The form of government provided for in this
charter shall be known as the “Commission-Manager Plan.”
There is hereby created a commission of seven citizens,
elected in the manner hereinafter specified, which shall have
full power and authority, except as herein otherwise pro-
vided, to exercise all the powers conferred upon the city.
Section 2. The Commission shall constitute the legis-
lative and governing body of said City, possessing all the
powers herein provided for, with power and authority to
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pass such ordinances and adopt such resolutions as they
shall deem proper in order to exercise any or all of the
powers possessed by said City.
Section 3. The members of the Commission shall be
elected on a non-partisan ticket from the city at large and
shall be subject to recall as hereinafter provided.
No per-
son shall be eligible to the office of Commissioner who is not
30 years of age, a citizen of the United States and a resident
of the City of Pontiac at least two years.
Section 4. Each member of the Commission shall be
elected to serve a term of three years, provided, however,
that at the first election under this Charter the three candi-
dates receiving the highest number of votes shall be deemed
to be elected and serve for a period of three years; the two
receiving the next highest number of votes shall be deemed
to be elected and serve for a period of two years, and the
two receiving the next highest number of votes shall be
deemed to be elected and serve for a period of one year, re-
spectively, from and after the second Monday in April, A. D.
1921. The Commission shall be the judge of election and
qualification of its own members. The term of all elective
officers shall commence at 12 o'clock noon on the first Mon-
day following their election.
Section 5. At seven-thirty o'clock P. M. on the first
Monday following the regular Municipal Election, the Com-
mission shall meet at the usual place for holding the meet-
ings of the legislative body of the city, for the purpose of
organization. The Clerk shall preside at the first meeting
under this Charter and until the Mayor shall have been se-
lected as herein provided. Thereafter the Commission shall
meet at such times as may be prescribed by ordinance or
resolution, except that it shall meet regularly not less than
once each week. The Mayor, any two members of the Com-
mission, or the Manager, may call special meetings of the
Commission, upon at least ten hours' written notice to each
member, served personally or left at his usual place of resi-
dence, provided, however, any special meeting at which all
members of the Commission are present shall be a legal
meeting for all purposes, without such written notice. All
meetings of the Commission shall be public and any citizen
may have access to the minutes and records thereof at all
reasonable times. The Commission shall determine its own
rules and order of business and shall keep a journal of its
proceedings, in English.
Section 6. A majority of all the members elected to the
Commission shall constitute a quorum, but a less number
may adjourn from day to day and compel the attendance of
absent members in such manner and under such penalties as
may be prescribed by ordinance. The Commission shall act
only by ordinance or resolution.
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Section 7. The Commission, at its first regular meet-
ing following the first election under this Charter and fol-
lowing each General Municipal Election thereafter, shall
elect, by ballot, one of its members, Mayor, who shall be the
presiding officer and executive head of the City, and perform
such other duties as are or may be imposed or authorized by
the laws of the State or this Charter. In times of public
danger or emergency, he may, with the consent of the Com-
mission, take command of the police and such other depart-
ments and subordinates of the City, as may be deemed neces-
say by the Commission, and maintain order and enforce laws.
The Commision shall also, at the said first regular meeting,
elect, by ballot, another member of the Commission, Mayor
pro tem, who, during the absence or disability of the Mayor
to perform his duties, shall act in the name and stead of the
Mayor, and shall, during the time of such absence or dis-
ability, exercise all the duties and possess all the powers of
the Mayor. The Mayor and Mayor pro tem shall receive
compensation only as Commissioners.
Section 8. Each Commissioner shall be paid for his
services the sum of $5.00 for each and every meeting of the
Commission attended by such member; provided, however,
that no member of the Commission shall be entitled to re-
ceive more than $300 in any one year, and pro rata for any
portion of year. Except for the purpose of inquiry, the
Commission and each of its members shall deal with the
administrative branch of the City Government solely through
the Manager, except in the Departments of Finance and Law,
and neither the Commission nor any member thereof shall
give any order or direction, either publicly or privately, to
any of the subordinates of the Manager.
Section 9. A vacancy in any elective office, shall be
filled by appointment by a majority of the remaining mem-
bers of the Commission. Such appointee shall hold office
until the next regular Municipal Election, taking place
more than sixty days after such vacancy occurs, at which
election a successor shall be elected for the unexpired term
of the member in whose office the vacancy occurs. Provided,
however, that the term of no member shall be lengthened by
his resignation and subsequent appointment.
Section 10. Absence from five consecutive regular
meetings shall operate to vacate the seat of a member, un-
less the absence is excused by the Commission, by resolu-
tion setting forth such excuse and entered upon the journal.
Section 11. Each member of the Commission, before
entering upon the duties of his office, shall give a bond to
the City of Pontiac, in the sum of three thousand dollars.
conditioned upon the faithful performance of the duties of
his office. Said bond and the sureties thereof to be approved
by the Justice of the Peace of said city, and when so ap-
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proved, recorded by the Clerk in a record book kept for that
purpose in the office of said Clerk, and when so recorded,
said bonds shall be filed with the City Treasurer.
Section 12. Until otherwise provided by law, there
shall be elected a Justice of the Peace aş provided in Act No.
398, Local Acts of 1907 of the State of Michigan, and there
shall be elected annually one constable on the first Monday
in April. Provided, however, that there shall be elected at
the first election held under this Charter, one constable, who
shall hold office until the second Monday in April, 1922, or
until his successor is elected and qualifies, and there shall be
no constable elected on the first Monday in April, 1921.
Section 13. The Administrative functions and powers
of the city shall be divided into six departments as follows:
Law, Finance, Public Works and Service, Public Welfare,
Public Safety, and Public Health, subject to modifications as
hereinafter provided.
Section 14. There shall be a director of every depart-
ment who shall have the supervision and control thereof and
who, with the exception of the Director of Finance and the
Director of Law, shall be appointed by and be immediately
responsible to the City Manager for the administration of
the department. The Director of Finance and the Director
of Law shall be immediately responsible to the Commission
for the discharge of their duties. Excepting the Departments
of Law, Finance and Public Health, the Manager shall be the
Director of each and every department of the city, until
otherwise provided by the Commission.
Section 15. The director of every department, except
that of Law and Finance, shall be subject to the supervision
and control of the Manager in all things, except as otherwise
herein specifically provided.
Section 16. The Commission shall, by ordinance, deter-
mine and prescribe the functions and duties of each depart-
ment, subject to the expressed provisions contained herein,
and may by a vote of five of its members create new depart-
ments, combine existing departments, and establish tempo-
rary departments for special work.
Section 17. The Commission shall appoint a City
Manager, City Clerk, Director of Law and Director of Fi-
nance, each of whom shall be appointed for an indefinite pe-
riod and be removable by the Commission.
Section 18. The Manager shall be the chief adminis-
trative officer of the city.. He shall be chosen by the Com-
mission solely on the basis of his executive and administra-
tive qualifications, and shall, during his term of office, reside
in the City of Pontiac; provided, however, he shall be a
citizen of the United States of America and shall have at-
tained the age of 30 years.
Section 19. The Manager shall be responsible to the
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Commission for the proper administration of the affairs of
the city and to that end shall make all appointments, includ-
ing the heads of departments, except as herein otherwise
specifically provided.
Section 20.' He shall be required to be present at all
meetings of the Commission and be entitled to be present at
all meetings of its committees and to take part in all discus-
sions, but shall have no vote.
Section 21. The Manager shall receive a compensation
to be fixed by the Commission. If the Commission for any
reason shall desire to remove the Manager at any time, it
shall notify him in writing, specifying reasons for removal
and fixing a date within thirty days for hearing such charges.
The serving of such notice on the Manager shall automatic-
ally suspend him from office, pending the date fixed for the
hearing. After serving one year, a Manager may be re-
moved only upon the affirmative vote of five of the members
of the Commission.
Section 22. The Commission shall appoint an Assistant
Manager, who shall, when directed by the Commission, per-
form the duties of Manager in case of his sickness, absence
from the city, disability, suspension, removal or resignation.
Section 23. The City Clerk shall be clerk of the Com-
mission and shall, with the Mayor, sign and attest all ordi-
nances; and the journal or record of the Commission's pro-
ceedings shall be prepared, kept and signed by the City Clerk
and approved in writing by the Mayor. In addition, the City
Clerk shall perform such other duties as are prescribed by
this Charter, the General Laws of the State, or by the Com-
mission.
Section 24.. The Director of the Department of Law
must be an attorney-at-law and may be termed “City Attor-
ney."
He shall be the legal advisor, city attorney and counsel
for the city and for all the officers and departments thereof
in all matters relating to their official duties, and shall per-
form such other duties as may be imposed upon him from
time to time by the Commission, either by ordinance or reso-
lution.
Section 25. The Commission, City Manager, the Direc-
tor of any department or any officer or Board, not included
in any department, may require the opinion of the City At-
torney upon any question of law, involving their respective
powers and duties.
Section 26. The Director of Finance shall have direct
supervision over the Department of Finance and the admin-
istration of the financial affairs of the city, including the
keeping of accounts and financial records and collection of
taxes, special assessments and other revenue, and such other
duties as the Commission may by ordinance prescribe.
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Section 27. The Director of Finance shall appoint a
City Treasurer, who shall perform all the duties required by
this Charter, the General Laws of the State, the Director of
Finance, or which the Commission shall by, ordinance pre-
scribe.
Section 28. The Director of Public Works and Service
shall, except as otherwise provided in this Charter, or by the
Commission, manage and have charge of the construction,
improvement, repair, maintenance of streets, sidewalks, al-
leys, lands, bridges, viaducts and other public highways; of
sewers, drains, ditches, culverts, canals and water courses;
of municipal water supply, and all works, lands, water, lands
under water, dams, pumping station, ways, mains, pipes, and
all other works connected therewith, of all public buildings,
public places and grounds; of the establishment, development
and maintenance of parks and playgrounds but not the man-
agement and supervision of such parks; of all sewage and
garbage disposal and reduction plants and all other public
utilities owned or operated by the city. He shall have
charge of the enforcement of all the obligations of privately
owned or privately operated public utilities enforceable by
the city; of the making and preservation of surveys, maps,
plans, drawings and estimates for public work; of the clean-
ing, sprinkling and lighting of the streets and public places.
Section 29. The Director of Public Welfare shall have
the supervision and management of all charitable, correc-
tional and reformatory institutions and agencies belonging
to the city; the supervision of the use of recreational facili-
ties of the city, including parks and playgrounds; the in-
spection and supervision of public entertainments; the study
and research into the causes of poverty, delinquency, crime,
and the relief and prevention thereof; and other welfare
and social problems in the community, and such other duties
as the Commission may by ordinance prescribe.
Section 30. The Director of Public Safety shall have
supervision of and enforce all the laws and ordinances re-
lating to buildings, weights and measures, city pounds, the
preservation of the public peace and order, and all other
laws and ordinances, the enforcement of which is not specif-
ically provided for in this Charter. He shall have the con-
trol and management of the police and fire departments,
which departments shall consist of a chief of each and such
other officers, patrolmen, firemen and other employees or
members as the Manager may determine. Provided, how-
ever, that the Commission may by ordinance provide for the
so-called two-platoon system in the Fire Department.
Section 31. The Director of Public Safety and the Chief
of the Fire Department shall be vested with all the powers
of State Fire Wardens.
Section 32. The Director of Public Safety and all mem-
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bers of the Police Department shall have the same powers
as sheriffs and constables in the serving of civil.and crim-
inal process, in the making of arrests, both within and with-
out the city, but within the state. They shall have the
power to arrest, without process, all persons, who in the
presence of the officer, shall be engaged in the violation of
any law, and to detain such person until complaint can be
made and process issued for their arrest, which complaint
shall be made as speedily as possible after such arrest.
Section 33. The Chief of the Fire Department or per-
son in charge of the Department at any fire, may cause any
building to be razed or destroyed, when deemed necessary,
in order to arrest the progress of a fire, and no action shall
be maintained against any person or against the city there-
for.
Section 34. The Director of Public Safety shall have
such other powers and perform such other duties as the Com-
mission may by ordinance prescribe.
Section 35. The Director of Public Health shall be a
man of recognized qualifications in Public Health adminis-
tration, and shall have and exercise for the city all the
powers and authority conferred upon Boards of Health and
Health Officers by the general laws of the State and by this
Charter It shall be his duty to enforce all laws and ordi-
nances pertaining to public health, and such other duties as
the Commission may by ordinance prescribe.
Section 36. The Commission shall by ordinance pro-
vide for the creation of the office of Purchasing Agent, pre-
scribe his duties and the rules and regulations relative there-
to. The Manager, or some officer, other than any person
connected with the Department of Finance, to be designated
by the Manager, shall act as purchasing agent, and if so des-
ignated, shall act under the direction of said Manager.
Section 37. No purchase shall be made, except on a
requisition by the head of a department, countersigned by
the Manager and approved by the Director of Finance. No
purchases shall be made in excess of appropriations.
Section 38. The Commission may by ordinance provide
for the office of City Auditor and when such office is provided
for, the Auditor shall be appointed by and be under the di-
rection of the Director of Finance. Until otherwise pro-
vided, the Director of Finance shall act as City Auditor.
Section 39. The City Commission shall designate at
least two members of the Board of Assessors, who, with the
City Attorney and the Director of Finance and such addi-
tional representatives to which the city is or may be entitled,
appointed by the Commission, shall be the city's representa-
tives
Section 40. The representatives of the city aforesaid,
shall be endowed with all the rights, powers and duties
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conferred upon supervisors of townships by the General
Laws of this State, except where otherwise provided for in
this Charter.
Section 41. The Manager shall fix the salary or com-
pensation of the heads of all departments and all the em-
ployees thereof, except the Departments of Law and Finance
and the office of the City Clerk; provided that this shall not
be deemed to include officers or employees required in the
conduct of elections, either primary, general or special. The
Commission shall fix the salary of the Manager, the Direc-
tors of the Departments of Finance, Law and Associate
Counsel and the Clerk. Compensation of assistant and sub-
ordinate employees of the Departments of Finance and Law,
other than Associate Counsel, and the compensation of the
Deputy and subordinate employees of the Clerk's office, shall
be fixed by the Director of Finance, Director of Law and the
Clerk, respectively, subject to the approval of the Commis-
sion.
Section 42. All appointive officers of the city shall per-
form such duties as shall be prescribed by ordinance, this
Charter, the General Laws, and which may be required by
the Commission and the heads of Departments.
Section 43. Relatives by blood or marriage of any Com-
missioner or the Manager, within the second degree of con-
sanguinity or affinity, are hereby disqualified from holding
any appointive office during the term for which the said
Commissioner was elected, or during the tenure of office of
said Manager.
Section 44. The compensation of all officers and em-
ployees of the city, including all election officials, shall be
fixed by the Commission, except as otherwise specifically pro-
vided herein.
Section 45. Every officer shall, before he enters upon
the duties of his office, subscribe and file with the Clerk an
oath to suppport the Constitution of the United States and
the Constitution of the State of Michigan, and faithfully
perform the duties of the office to the best of his ability.
Section 46. The Commission may require any officer
or employee to give a bond for the faithful performance of
his duty, in such amount as it may determine, and the pre-
mium thereof shall be paid by the City.
Section 47. Any officer or employee, required by the
provisions of this Charter, the General Laws of the State, by
any ordinance of the City of Pontiac, or by the Commission,
to give bond, shall not enter upon the duties of his office or
employment until such bond shall be duly filed, approved and
recorded.
Section. 48. All such bonds except as herein otherwise
provided, shall be approved by the Commission and filed
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with the Clerk, excepting the bond of the Clerk, which shall
be filed with the Treasurer.
Section 49. No elective officer shall hold any office or
employment, except that to which he was elected, compen-
sation for which is paid out of public money, nor be elected
or appointed to any office created or the compensation of
which was increased or fixed by the Commission while he
was a member thereof, until the expiration of one year from
the date when he ceased to be a member of the Commission.
Section 50. All bonds required under the provision of
this Charter shall be Surety Company bonds.
CHAPTER IV.
REGISTRATION, NOMINATION AND ELECTION.
Registration,
Section 1. The registration and re-registration of elec-
tors in the City of Pontiac shall be conducted as provided for
in the Constitution and General Laws of the State of Michi-
gan, provided however, that registrations may be received by
the Clerk on any secular day between the third Saturday
preceding the date of any City Primary Election and the date
of such Primary Election.
Nomination.
Section 2. Candidates for any elective office, to be
voted for at any Municipal Election under the provisions of
this Charter, shall be nominated at a Primary Election, and
no other names shall be placed on the election ballot for the
election of such officers, except those nominated in the man-
ner hereinafter prescribed; provided, however, that whenever
not more than twice as many candidates qualify as nominees
as there are offices to be filled, then in such case, no Primary
Election for the nomination of candidates for such offices
shall be held, and the Commission shall, at its first regular
meeting after the expiration of the time for filing statements
of candidacy, declare such persons duly nominated for such
offices, and the names of such candidates for any such offices
shall be placed on the election ballot to be voted for at the
next Municipal Election the same in all respects as though
the said candidates had been nominated at a Primary Elec-
tion.
Section 3. The Primary Election, for the nomination
of candidates for all elective offices, shall be held on the
third Monday preceding a General Municipal Election.
Section 4. The Inspectors of Election appointed for the
Municipal Election shall be Inspectors of the Primary Elec-
tion, and it shall be held at the same places, as far as pos-
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O
.
sible, with the same clerks as are required for such Munici-
pal Election. The polls for all Primary Elections held for
the nomination of candidates for any Municipal office shall
be opened at seven (7:00) o'clock A. M. and shall be kept
open till the hour of eight (8:00) o'clock P. M.
Section 5. Any person, desiring to become a candidate
for the office of Commissioner, Justice of Peace, or Constable,
shall, at least ten days prior to any such Primary Election,
file with the Clerk a statement of such candidacy, in substan-
tially the following form:
State of Michigan, Oakland County—SS.
I, (...
.), being first duly sworn, say that I
reside at..
Street, City of Pontiac, County of
Oakland, State of Michigan; that I am a qualified voter
therein; that I am a candidate for nomination to the office
(..
...) to be voted upon at the Primary Election
to be held on Monday, the.... .day of...
.19...,
and that I possess the legal qualifications therefor, and I
hereby request that my name be printed upon the official
primary ballot for nomination at such Primary Election for
such office.
Signed...
Subscribed and sworn to. before me, a.
on this....
day of.... ..19...
Signed.
Each candidate shall, at the same time, file therewith,
the petition of at least twenty-five and not more than fifty
qualified electors requesting such candidacy. Each petition
shall be verified by one or more persons as to the qualifica-
tions and residence, with street number, of each of the per-
sons so signing the petition.
Such petition shall be in substantially the following
form:
Petition Accompanying Nominating Statement.
The undersigned, duly qualified electors of the City of
Pontiac, and residing at the place set opposite our respective
names hereto, do hereby request that the name of (name of
candidate) be placed on the ballot as a candidate for nomi-
nation for (name of office) at the Primary Election to be
held in such city on Monday, the..
day of---
19.... We further state that we know him to be a qualified
elector of said city and a man of good moral character and
qualified in our judgment for the duties of such office.
Name of Qualified Electors
No.
Street
.
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Section 6. Immediately upon the expiration of the time
for filing the statements and petitions for candidates, the
said Clerk shall cause to be published for three successive
days in all the daily newspapers published in the city, in
proper form, the names of the persons as they are to appear
upon the primary ballot, and if there be no daily newspaper,
then in two issues of any other newspaper that may be pub-
lished in said city. He shall also cause to be published, at
the same time, a notice calling such Primary Election, the
time when and the places where, such election shall be held,
and the said Clerk shall thereupon cause the primary ballots
to be printed, authenticated with a fac simile of his signa-
ture.
Section 7. Upon said ballot the names of the candidates
shall be arranged for the several offices in accordance with
the provisions of the General Law governing the arrange-
ment of names of candidates on ballots for state and county
offices. The names of the candidates for Commissioner shall
first be placed on the primary ballot, with a square at the
left of each name, and immediately above the names of such
candidates shall appear the words, "Vote for (designate the
number of Commissioners to be elected)." Following these
names, likewise arranged, shall appear the names of the can-
didates for Justice of the Peace, with a square at the left of
each name, and immediately above, the words, "Vote for
one.' Following this shall appear the name of the candi-
dates for Constable likewise arranged, with a square at the
left of each name and immediately above, the words, "Vote
for one."
Section 8. The ballots shall be printed upon plain, sub-
stantial white paper, and shall be numbered in accordance
with the requirements of the General Laws of the State gov-
erning the numbering of election ballots, but they shall have
no party mark, vignette or designation mark whateyer.
Section 9. The primary ballots shall be in substantially
the following form:
(Place a cross in the square opposite the names of the
persons you favor as candidates for the respective offices.)
Official Primary Ballot.
Candidates for nomination for city offices of (naming
offices to be filled) of the City of Pontiac, at the Primary
Election.
For Commissioners.
(Vote for (designate the number of Commissioners
to be elected).
(Names of candidates).
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For Justice of the Peace.
(Vote for one).
(Names of candidates).
For Constable.
(Vote for one).
(Names of candidates).
Section 10. Having caused said ballots to be printed, ,
the said Clerk shall cause to be delivered at each polling
place a number of said ballots equal to at least twice the
number of electors voting in such polling precinct at the last
general municipal election. Any qualified elector may vote
at such Primary election. Challenges can be made by not
more than two persons, to be appointed, at the time of open-
ing the polls, by the Inspectors of Election; and the law ap-
plicable to challenges made at General elections shall be
applicable to challenges made at such Primary Elections.
The Board of Election Inspectors shall, immediately upon
the closing of the polls, count the ballots and ascertain the
number of votes cast in such precinct for each of the candi-
dates, and make return thereof to the Clerk, within 24 hours
of the closing of the polls, upon proper blanks to be fur-
nished by said Clerk. On the day following the said Pri-
mary Election the said Clerk shall canvass said returns so
received from all the polling precincts and shall make and
publish in all the newspapers of said City, at least once, the
result thereof. Said canvass shall be publicly made. The
names of a sufficient number of those candidates receiving
the highest number of votes equivalent to twice the number
of Commissioners to be elected, and their names only, shall
be placed on the ballot as candidates for Commissioners at
such Municipal Election. The two candidates receiving the
highest number of votes for Justice of the Peace, and no
others, shall be placed on the ballot as candidates for Jus-
tice of the Peace at the Municipal Election. The two candi-
dates receiving the highest number of votes for Constable,
and no others, shall be placed on the ballot as candidates
for Constable at the Municipal Election.
Election.
Section 11. General Municipal Elections shall be held
for the City of Pontiac on the first Monday in April, of each
year and at such other times as provided herein, for the elec-
tion of all elective officers of said City as provided for in this
Charter
Section 12. The inhabitants of the City, having the
qualifications of Electors under the Constitution and Gen-
eral Laws of the State and no others, shall be electors there-
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in, and every elector shall vote in the election district where
he shall have resided during the twenty days next preceding
the day of election. The residence of any elector, not being
a householder, shall be deemed to be in the election district
in which is located his regular place of lodging.
Section 13. The ballot at such General Municipal Elec-
tion, shall be in the same general form as the ballot for
Primary Elections, so far as applicable, and such election
ballot shall be printed without any party mark, emblem,
vignette, or designation whatever on plain, white, substan-
tial paper, and the same shall be printed and numbered in
accordance with the provisions of the General Laws of the
State regulating the printing and numbering of ballots at
elections in this State.
Section 14. At all elections in the City of Pontiac, the
election precincts, voting places, the appointment of elec-
tion inspectors and clerks and compensation therefor, method
of conducting the election, canvassing the votes, and an-
nouncing the results, shall be the same as provided by the
General Election Laws of this state, so far as the same is
applicable and not inconsistent with the provisions of this
Charter.
Section 15. When State and County Elections are held
on the same day as any Municipal Election, the Inspectors
of Election appointed by the legislative body for said Muni-
cipal Election shall also be inspectors of State, County and
District Elections in their respective voting districts.
Section 16. All elections held under the provisions of
this Charter shall be conducted, as nearly as may be, in the
manner provided by law for holding General Elections in
this State, except as herein otherwise provided. The Inspec-
tors of such Elections shall have the same power and au-
thority for the preservation of order and for enforcing obe-
dience to their lawful commands, during the time of holding
the election and the canvass of the votes, as are conferred by
law, upon Inspectors of General Elections held in this State.
Section 17. The Commission shall convene on Thurs-
day, next succeeding each Municipal Election, except prim-
ary election, at their usual place of meeting, and canvass
the results of such election upon each question and propo-
sition voted upon, and shall determine the vote upon the
propositions voted upon and declare whether the same have
been adopted or rejected, and what persons have been
elected at such election to the several offices, respectively,
and thereupon, the said Clerk shall make duplicate certifi-
cates under the corporate seal of the City, of such deter-
mination, showing the result of the election upon any ques-
tion or proposition voted upon and what persons are de-
clared elected to the several offices, respectively; one of
which certificates, he shall file, in the office of the County
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Clerk, and the other shall be filed in the office of the City
Clerk. Certificates of election shall also be issued to each
candidate elected to the several offices. All persons elected
to any office in the City of Pontiac under provisions of this
Charter shall, within ten days after receiving the certificate
of his election to any office, take and subscribe the official
oath required by this Charter and file the same with the
Clerk.
Section 18. The person receiving the greatest number
of votes for any office in the city shall be deemed to have
been duly elected to such office; and if there shall be no
choice for any office, by reason of two or more candidates
having received an equal number of votes, the Commission
shall at the meeting mentioned in the preceding section de-
termine by lot between such persons, which shall be consid-
ered elected to such office. Provided, however, that candi-
dates for Commissioner, equal in number to the offices to be
filled for the longest term, for whom the greatest number
of votes shall be cast, shall be deemed elected for such long-
est term. Those, equal in number to the offices to be filled
for the next longest term, for whom the next greatest num-
ber of votes shall be cast, shall be deemed elected for such
next longest term, and those, equal in number to the offices
to be filled for the next longest term, for whom the next
greatest number of votes shall be cast, shall be deemed
elected to such next longest term.
Section 19. Any person who shall agree to perform
any service, in the interest of any candidate for any office
provided for in this Charter, in consideration of any money
or other valuable thing for such services performed in the
interest of any candidate, shall upon conviction, be punished
by a fine not exceeding three hundred dollars ($300), or by
imprisonment in the county jail not exceeding thirty (30)
days, or both in the discretion of the Court.
Section 20. It shall be unlawful for any candidate for
any office created by this Charter, at any Primary or Muni-
pal Election, or any person in his behalf, directly or indi-
rectly, to buy or give to, or cause to be bought for, or given
to any elector, any thing or article; it being the intent of
this section to prohibit the custom of treating in any man-
ner by candidates for public office or by any person on be-
half of such candidates. Any person violating the provi-
sions of this section shall be guilty of misdemeanor and
shall, upon conviction, be punished by a fine not to exceed
three hundred dollars ($300) or by imprisonment in the
county jail not exceeding thirty (30) days, or both in the
discretion of the court.
Section 21. It shall be unlawful for any candidate at
any Primary or Municipal Election, or any person in his be-
half, directly or indirectly, to employ either with money,
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promises of money or other valuable considerations, office,
place or employment, 'any person to do any campaign work,
electioneering or soliciting votes for such candidate, and it
shall be unlawful for any person to agree to perform any.
such service in behalf of any such candidate for any consid-
eration, profit, or benefit whatsoever. Any'violation of this
section shall be a misdemeanor, and shall be punished as
provided in the preceding section.
Section 22. It shall be unlawful for any candidate for
any municipal office, or any one in his behalf, directly or in-
directly, to employ or hire any conveyance for the purpose
of conveying voters to the polls at any Primary or Municipal
Election. Any violation of this Section shall be a misde-
meanor, and shall be punished as provided in Section 20 of
this Chapter
Section 23. At all elections the polls shall be opened
at 7:00 o'clock in the forenoon and shall remain open until
the hour of 8:00 o'clock in the afternoon.
Section 24. Every elective officer shall, within thirty
days after qualifying, file with the Clerk, and publish at least
once in a newspaper published and circulating in the City of
Pontiac, his sworn, detailed statement of all his election and
campaign expenses, and by whom such funds were contrib-
uted. Any violation of the provisions of this section shall
be a misdemeanor and be a ground for removal from office.
Section 25. When the total votes cast in any election
precinct exceeds six hundred (600) at any general or city
election, the City Commission shall redistrict the City or
such part thereof as they may deem proper.
Section 26. At least twenty days before said election,
the Commission shall appoint a Board of Election Inspectors
for each Election Precinct.
CHAPTER V.
RECALL.
Section 1. Any holder of an elective office may be re-
called and removed therefrom by the qualified electors of the
City of Pontiac as provided herein.
Section 2. Any qualified elector of the city may make
and file with the Clerk an affidavit containing the name of
the official sought to be removed and a specific statement of
the grounds of removal. The Clerk shall, thereupon, deliver
to the elector making such affidavit, a sufficient number of
copies of petitions for such recall and removal, printed
forms of which he shall keep on hand. Such petition shall
be issued by the Clerk with his signature and official seal of
the City thereto attached; they shall be dated and addressed
to the Commission, contain the name of the person to whom
—19-
1
issued, the number of forms so issued, the name of the per-
son sought to be removed, the office from which such re-
moval is sought, the grounds of such removal, as stated in
said affidavit, and shall demand the submission of the ques-
tion of such recall to the electors, a copy of which petition
shall be kept in the office of the Clerk.
Section 3. Any defect în said form or record shall not
invalidate the same. Said recall petition must be returned
and filed with said Clerk within thirty days of its issuance.
Section 4. Said petitions before being returned and
filed, shall be signed by qualified electors equal in number
to at least twenty-five per centum of all the electors voting
at the last preceding general election and to each signature
shall be attached his place of residence, giving street and
number. Such signatures need not all be on one paper. A
qualified elector of the city shall make an affidavit thereto
that each signature appended to the paper is the signature of
the person whose name it purports to be. All such papers
for the recall of any one officer shall be fastened together
and filed as one instrument, with the endorsements thereon
of the names and addresses of three persons designated as
filing the same.
Section 5. Within ten days from the filing of said pe-
titions, the Clerk shall ascertain, by examination thereof,
and of the registration books and election returns, whether
the petition is signed by the requisite number of qualified
electors, and shall attach thereto his certificate showing the
result of such examination.
Section 6. If his certificate shows the petition to be in-
sufficient he shall within the said ten days so notify in writ-
ing one or more of the persons designated on the petitions
as filing the same. Additional signatures, properly verified,
may be filed at any time within ten days from the filing of
the certificate. The Clerk shall, within ten days after filing
additional signatures, make like examination of the addi-
tional signatures, and attach thereto his certificate of the
result. If still insufficient, or if no additional signatures are
so filed, he shall return the petition to one of the persons
designated as filing it, without prejudice, however, to the fil-
ing of a new petition for the same purpose.
Section 7. When the petition shall be found and cer-
tified by the Clerk to be sufficient, he shall submit the same,
with his certificate, to the Commission without delay, and the
Commision shall, if the officer sought to be removed does
not resign within five days thereafter, forthwith, after said
five day period, order and fix a date for holding the said elec-
tion, not less than thirty days nor more than forty days from
the date of the Clerk's certificate that a sufficient petition is
filed, provided, however, that if any other Municipal Elec-
tion is to occur within sixty days from the date of the Clerk's
-20%
certificate, the Commission shall postpone the holding of
the recall election to the date of such other Municipal Elec-
tion.
Section 8. The said election shall be conducted, re-
turned, and the result thereof declared, in all respects as are
other City Elections. If a vacancy occurs in said office after
a recall election has been ordered, the Commission shall
rescind the order calling such election and the same shall
not be held.
Section 9. If at such recall election a majority of the
votes cast shall be "For the Recall," then such officer shall
be deemed to have been recalled and the said office vacant.
Section 10. The incumbent shall continue to perform
the duties of his office until the recall election. If not then
recalled, he shall continue in his office for the balance of his
term.
Section 11. No recall petition shall be filed against any
officer until he has actually held his office for at least three
months.
Section 12. No person, who has been removed from an
office by recall, or who has resigned from such office while
recall proceedings were pending against him, shall be ap-
pointed to any office within two years after such removal or
resignation.
Section 13. Upon the ballot used at any election for
the recall of an elective officer, there shall be printed in not
more than two hundred words, the reasons for demanding
the recall of the officer whose removal is sought, in such
election, and in like manner upon the same ballot, in not
more than two hundred words, the officer sought to be re-
called, may justify his course in office in answer to the rea-
sons directed against him.
Section 14. The Ballot at any recall election shall be
in substantially the following form:
(Official Recall Ballot)
(The Statements as Specified in Section 13.)
[] For the recall of (name of officer sought to be
removed) from the office of (title of of-
fice).
[ ] Against the recall of (name of officer sought
to be recalled) from the office of (title of
office).
CHAPTER VI.
Ordinances.
Section 1. The enacting clause of all ordinances shall
read, "The City of Pontiac ordains," but such caption may be
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omitted when said ordinances are published in book form
or are revised and digested by authority of the Commission,
Section 2. The adoption of any ordinance by the Com-
mission shall require for its passage the concurrence of a
majority of all the members of the Commission.
Section 3. The time when any ordinance shall take ef-
fect shall be prescribed therein, which time shall not be less
than ten days from the date of its passage, except emergency
ordinances, which may be given immediate effect. No ordi-
nance shall be finally passed on the day it is introduced, ex-
cept in case of public emergency. An Emergency Ordi-
nance shall be defined to be one necessary for the imme-
diate preservation of the Public Peace, Property, Health,
Safety or providing for the usual daily operation of a de-
partment and which contains a statement of its urgency.
Section 4. Immediately upon the final passage of any
ordinance, the Mayor and Clerk shall sign the same under
a certificate of the day and date of its passage.
Section 5. All ordinances shall be published once
within one week of their passage, in a newspaper printed
and circulating within the city, and the Clerk shall certify
on the record of ordinances, the date of publication and
newspaper in which any ordinance was so published; and
such certificate shall be prima facie evidence that légal pub-
lication of an ordinance has been made.
Section 6. All ordinances shall be recorded in an index
book marked "Ordinance Record”; and record of each or-
dinance shall be authenticated by the signature of the
Mayor and Clerk. Such record and authentication shall be
done within one week after the final passage of any ordi-
nance, but failure to so record and authenticate any ordi-
nance shall not invalidate it or suspend its operation.
Section 7. No repealed ordinance shall be revived un-
less the whole or so much as is intended to be revived shall
be re-enacted. When any section or part of a section of any
ordinance is amended, the whole section as amended shall
be re-enacted.
Section 8. Prosecutions for violation of any ordinance
of the City shall be commenced within two years after the
commission of the offense; provided that the limitations
herein imposed shall only apply to violations penal in their
nature, and shall not be construed as a limitation of the
city's right to forfeit any franchise, grant or license for
violation of the terms and conditions thereof, after said two
year period.
Section 9. Prosecutions for violations of the ordi-
nances of the city may be commenced by warrant, and all
process in such cases shall be in the name of “The People
of the State of Michigan.” The practice in such cases shall
-22-
be the same, as near as may be, as in criminal cases cogni-
zant by Justice of the Peace under the General Laws of the
State or as may be provided for cases cognizable by any
Municipal Court, hereafter created.
Section 10. All process issued in any prosecution or
proceeding for the violation of any ordinance, shall be di-
rected to any police officer of the city, or County of Oakland,
and may be executed in any part of the State by said Officer
or any other officer authorized by law to serve process is-
sued by a Justice of the Peace.
Section 11. In all judicial proceedings it shall be suf-
ficient to plead any ordinance by title and the number of sec-
tion or sections, and it shall not be necessary to plead the
entire ordinance or section.
Section 12. Judicial notice shall be taken of the en-
actment, existence, provisions and continuing force of all
ordinances of the city.
Section 13. Whenever it shall be necessary to prove
any ordinance or resolution of the Commission, in any ju-
dicial proceedings. the same may be proved from the record
thereof kept by the Clerk, by a copy thereof, duly certified
by the Clerk under the seal of the city or from any volume
purporting to have been published, printed and compiled by
authority of the Commission.
Section 14. The Circuit Court for the County of Oak-
land shall have original jurisdiction in all cases arising un-
der the ordinances of the city for violation thereof, when the
fine or forfeiture imposed shall exceed one hundred dollars,
or where the offender may be imprisoned for a term exceed-
ing three months. The Justice of the Peace, until other-
wise provided by the Commission, shall have original juris-
diction in all cases when the fine or forfeiture imposed shall
not exceed one hundred dollars or when the offender may
be imprisoned for a term not exceeding three months.
Section 15. All ordinances, regulations and resolutions
in force at the time this Charter shall take effect and not in-
consistent with the provisions thereof, shall remain and be
in force until amended, modified or repealed.
CHAPTER VII.
Initiative and Referendum.
Section 1. Any proposed ordinance may be submitted
to the Commission by petition signed by qualified electors
of the city, equal in number to the percentage hereinafter re-
quired. The procedure in respect to such petition shall be
the same as provided in Section 2, 3, 4 and 5 of Chapter V.
of this Charter, with such modifications as the nature of the
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case requires, except that no blank forms shall be furnished
or preliminary affidavit made.
Section 2. If the petition accompanying the proposed
ordinance be signed by qualified electors equal in number
to at least fifteen per centum of the electors voting at the
last preceding general municipal election, and contains a
request that said proposed ordinance be submitted to a vote
of the people, the Clerk shall thereupon ascertain and certify
its number of qualified signers, whereupon if such certificate
shows the required number of qualified signers, the Commis-
sion shall within twenty days thereafter either,
(a) Pass said ordinance without alteration (subject to
the referendum provided by the Charter), or
(b) Call a special election, to be held within thirty
days, unless a general or special municipal election is to be
held within ninety days thereafter, and at such General or
Special Municipal election said proposed ordinance shall be
submitted without alteration to the vote of the qualified
electors of the city.
Section 3. If the petition be signed by qualified electors
equal in number to at least five per centum but less than
fifteen per centum of all the electors voting at the last pre-
ceding General Municipal Election, as shown in the manner
hereinafter provided, and said proposed ordinance be not
passed without alteration by the Commission within twenty
days, as provided in the preceding section, then such pro-
posed ordinance, without alteration, shall be submitted by
the Commission to electoral vote at the next General Muni-
cipal Election that shall occur at any time after thirty days
from the date of the Clerk's certificate of sufficiency attached
to the petition accompanying such ordinance.
Section 4. No ordinance, except an emergency ordi-
nance, shall take effect before ten days after its final pass-
age. If, within said ten days, one hundred electors of the
city shall file a notice in writing with the Clerk, of their in-
tention to circulate a petition for submitting said ordinance
to the electors for their adoption or rejection as herein pro-
vided, then said ordinance shall not become effective until
thirty days after its final passage by the Commission; pro-
vided that if petitions containing the requisite number of sig-
natures required herein are not filed in accordance with such
written notice within the said thirty days, then said ordi-
nance shall become effective after the expiration of said
thirty day period. If within said thirty days, a petition
signed by qualified electors of the city equal in number to at
least ten per centum of all of the electors voting at the last
preceding General Municipal Election, be presented to the
Commission, protesting against such ordinance taking effect,
the same shall thereupon and thereby be suspended from
taking effect; the Commission shall immediately reconsider
-24-
such ordinance, and if the same be not entirely repealed, the
Commission shall submit it, by the method provided in this
Charter, to a vote of the qualified electors of the city, either
at the next General Municipal Election or at a Special Elec-
tion, which may in their discretion be called by them for
that purpose, and such ordinance shall not take effect un-
less a majority of the qualified electors voting on the same
at such election, shall vote in favor thereof; provided how-
ever, that the foregoing provisions shall not apply:
(a) To ordinances required by the General Laws of the
State or by the provisions of this Charter.
(b) To emergency ordinances; provided no grant of
any franchise shall be construed to be an emergency ordi-
nance.
Section 5. The procedure in respect to such referen-
dum petition shall be the same as provided in Sections 2, 3,
4 and 5 of Chapter V. of this Charter, with such modifica-
tions as the nature of the case may require, except that no
blank forms shall be furnished or preliminary affidavit made.
Section 6. The Commission may, of its own motion,
submit to electoral vote for adoption or rejection at a Gen-
eral or Special Municipal Election, any proposed ordinance
or measure, or a proposition for the repeal or amendment of
any ordinance, in the same manner and with the same force
and effect as provided in this Charter for submission on pe-
tition. If the provisions of two or more proposed ordi-
nances, or measures adopted or approved at the same elec-
tion, are inconsistent, then the ordinance or measure receiv-
ing the highest affirmative vote shall prevail.
Section 7. Whenever any proposed ordinance is re-
quired by the Charter to be submitted to the electors at any
election, the Commission shall cause it to be published in a
newspaper published and circulating in the City, once in
each week for two successive weeks immediately preceding
such election.
Section 8. The ballots used when voting upon such or-
dinance shall state the nature of the ordinance in terms
sufficient to identify it, and, on separate lines, the words,
“For the Ordinance”, and “Against the Ordinance”. If the
majority of the qualified electors voting on said proposed or-
dinance shall vote “For the Ordinance,” the same shall there-
upon beconie an ordinance of the City and shall take effect
as provided in this Charter.
Section 9. Provisions shall be made on separate ballots
for voting upon all proposed ordinances.
Section 10. Any ordinance adopted under this Char-
ter, by electoral vote, cannot be repealed or amended, except
by electoral vote.
Section 11. The Commission may, by ordinance, make
-25%
such regulations, not in conflict herewith, as it may deem
necessary to carry out the provisions of this chapter.
Section 12. No franchise, grant or license shall be sub-
mitted under the provisions of this Charter, to the electors at
a Special Election, unless the expense of holding the elec-
tion, as determined by the Commission, shall be paid to the
Treasurer in advance of calling such election by the grantee
in said franchise, grant or license.
CHAPTER VIII.
FRANCHISES.
Section 1. No franchise or grant shall be granted by
the City for a longer period than 30 years. No license shall
be granted by the Commission for a longer term than one
year.
Section 2. Every permit granted by ordinance shall be
accepted in writing by the grantee before said ordinance
takes effect, and every franchise or modification of a fran-
chise, before it is submitted to the electors, shall be so ac-
cepted. Such acceptance shall be filed with the Clerk. Any
non-compliance with this section shall automatically annul
such permit or franchise.
Section 3. No franchise or grant which is not revocable
at the will of the Commission, shall be granted or become
operative until the same shall have been referred to the
people at a General or Special Election and has received the
approval of a majority of the electors voting thereon at such
election.
Section 4. No person, firm or corporation shall ever be
granted any exclusive franchise, license, right, or privilege
whatsoever.
Section 5. No franchise, granted by the city, shall ever
be leased, assigned or otherwise alienated except in accord-
ance with the express provisions of said franchise, and all
franchises granted by the City shall provide how, and in
what manner, and under what conditions said franchise may
be leased, assigned, or alienated, and no dealing with the
lessee or assignee on the part of the City, which shall recog-
nize the performance of any act or payment of any compen-
sation by the lessee or assignee, shall be deemed to have
operated as such consent.
Section 6. No change or modification of any franchise
or grant of rights or powers previously granted to any cor-
poration, firm, person, or association of persons shall be
made, except in the manner and subject to all conditions
herein provided for, in the making of original grants and
franchises.
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1
Section 7. The grant of every franchise or privilege
shall be subject to the right of the City, whether in terms
reserved or not, to make all regulations which shall be
necessary to secure in the most ample manner the safety,
welfare and accommodation of the public, including among
other things, the right to pass and enforce ordinances to re-
quire proper and adequate extensions of the service of such
grant, and to protect the public from danger or inconve-
nience in the operation of any work or business authorized
by the grant of the franchise and the right to make and en-
force all such regulations as shall be reasonably necessary
to secure adequate, sufficient and proper service, extensions
and accommodations for the people and insure their comfort
and convenience.
Section 8. The City, by and through its Commission,
shall have the power to require any corporation holding a
franchise from the City, to allow the use of its tracks, poles
and wires by any other corporation to which the city shall
grant a franchise, subject to reasonable regulations and
upon the payment of a reasonable rental therefor. Any
franchise or right which may hereafter be granted, to any
person or corporation to operate a street railway within the
city or its suburbs, shall be subject to the condition that
the city shall have the right to grant to any other per-
son or corporation desiring to build or operate a street
railway or interurban railway within or into the city,
the right to operate its cars over the tracks of said street
railway in so far as it may be necessary to enter and
leave the city and to reach the section thereof used for
business purposes, provided, however, that the person or
corporation desiring to operate its cars over the lines of said
street railway, shall first agree in writing with the owner
thereof as to terms and conditions and to pay it reasonable
compensation for the use of its tracks and facilities. And
if the person or corporation desiring to use the same can-
not agree with said owner of said street railway as to said
compensation, terms and conditions, within sixty days from
offering the same in writing, then the Commission, shall by
resolution, after hearing the parties concerned, fix the terms
and conditions of such use, and compensation to be paid
therefor, which award of the Commission, when so made,
shall be binding upon and observed by the parties concerned.
Section 9. The Manager and Director of Public Works
and Service shall maintain general supervision over all pub-
lic utility companies in so far as they are subject to munici-
pal control. The Manager shall cause to be instituted such
actions or proceedings as may be necessary to prosecute
public utility companies for violations of law and may re-
voke, cancel or annul all franchises that may have been
granted by the City, which have become in whole or in part.
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or
or which for any reason are illegal or void and not binding
upon the city.
Section 10. The enumeration and specification of par-
ticular matters in this Charter which must be included in
every franchise or grant, shall never be construed as impair-
ing the right of the Commission to insert in such franchise
or grant any other and further matters, conditions, cove-
nants, terms, restrictions, limitations, burdens, taxes, assess-
ments, rates, fares, rentals, charges, control, forfeitures or
any other provisions whatever as it shall deem proper to
protect the interests of the people.
Section 11. The Commission may grant a permit at
any time, in or upon any street, alley, or public place, pro-
vided such permit shall be revocable by the Commission at
its pleasure at any time, whether such right to revoke be ex-
pressly reserved in said permit or not.
Section 12. No franchise, lease, or right to use the
street or public places or property of the city shall be granted
by the city without fair compensation to the city therefor.
Where the franchise, lease or grant fixes the rate of fare or
the rate to be chargd for the service rendered or commodity
furnished by the grantee, such rate of fare or price of ser-
vice or commodity furnished shall be subject to review and
change at the end of every ten year period during the life of
said franchise in such manner and form as in said franchise
shall be provided. No such compensation by any such gran-
tee shall ever be in lieu of any lawful taxation upon its prop-
erty, or of any license or charges which are not levied on ac-
count of such use.
Section 13. All contracts, grants, rights, privileges or
francises for the use of streets and alleys of this city not
herein mentioned shall be governed by all the provisions
of this Charter, and all amendments, extensions or enlarge-
ments of any contract, right, privilege or franchise pre-
viously granted by this city to any persons, firm or corpora-
tion, for the use of the streets and alleys of such city, shall
be subject to all the conditions herein provided for the mak-
ing of original grants and franchises.
Section 14. All contracts, granting or giving any origi-
nal franchise, right or privilege, or extending or renewing
or amending any existing grant, right, privilege or fran-
chise, shall be made by ordinance and not otherwise.
Section 15. The Commission shall by ordinance pro-
vide for efficient inspection and regulation of all public util-
ities operated in the city, and to that end shall provide for
the inspection of the quality and pressure of the gas fur-
nished to consumers, the candle power, voltage and insula-
tion of electric wires, heat and power furnished the city and
its inhabitants, and the inspection and installation of me-
ters for registering the consumption of any commodity sold
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by any grantee operating under any franchise, grant or li.
cense from the City of Pontiac or the State of Michigan. It
being the intention of this section to provide means for se-
curing to the city efficient service from all public utilities
operated in the city and the proper observance by such oper-
ators of the conditions imposed by their respective fran-
chises, ordinance and the laws of the State.
Section 16. The City may purchase or condemn the
franchises and property used in the operation, by companies
or individuals, engaged in hospital, electric light, gas, heat,
power business and may purchase the franchises and prop-
erty of street railway and tram railway companies. The
City may make a contract, upon such terms, including terms
of present or deferred payment or by the issuance of bonds
in payment therefor, as herein provided, and upon such con-
ditions and in such manner as the municipality may deem
proper, to purchase, operate and maintain any existing pub-
lic utility property for supplying heat, light, power or trans-
portation to the city and the inhabitants thereof.
Section 17. No such contract shall bind the municipal-
ity unless the proposition therefor shall receive the affirma-
tive vote of three-fifths of the electors voting thereon at a
Regular or Special Election. In the event of the purchase
of a transportation utility, the Commission shall within a
reasonable time establish a system of civil service for selec-
tion and retention of the employees.
CHAPTER IX.
GENERAL FINANCE.
Section 1. The fiscal year of the City of Pontiac shall
commence on the first day of January in each year.
Section 2. Accounts shall be kept by the Department of
Finance showing the financial transactions for all depart-
ments of the city, which accounts shall conform to any uni-
form system required by law. Forms for all such accounts
shall be prescribed by the Director of Finance, with the ap-
proval of the Manager, which shall be adequate to record
all cash receipts and disbursements, all revenues accrued and
liabilities incurred, and all transactions affecting the acquisi-
tion, custody and disposition of all property, and to make
such reports of the financial transactions and conditions of
the city as may be required by law, ordinance or resolution.
Financial reports shall be prepared for each quarter and
each fiscal year, and for such other periods as may be re-
quired by the Manager, or the Commission. Adequate cost
records shall be kept in all departments of the city; also a
complete financial record of all property of the city and the
cost and value thereof.
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Section 3. Payments by the City shall be made only
upon vouchers certified by the head of the appropriate de-
partment or division of the city government by means of
draft, check, order or warrant duly approved by the Audi-
tor, signed by the Director of Finance, and countersigned by
the Treasurer. Such draft, check, order or warrant shall
specify the fund from which it is payable and shall not be
paid from any other fund. The Auditor shall examine all
pay rolls, bills and other claims and demands against the
city, except claims for unliquidated damages, and shall is-
sué no warrant unless he finds that the claim is in proper
form, correctly computed and duly certified; that it is justly
and legally due and payable; that an appropriation has been
made therefor which has not been exhausted or that the
payment has been otherwise legally authorized; and that
there is money in the city treasury to make payment. He
may investigate any claim, and for such purposes, may ex-
amine witnesses under oath. If he finds such bill, claim
or demand is fraudulent, erroneous or otherwise invalid,
shall not issue a warrant therefor.
Section 4. All taxes, special assessments and license
fees, accruing to the city, shall be collected by officers of the
Department of Finance. All money received by any officer
or employee of the city for or in connection with the busi-
ness of the city, shall be paid promptly into the City Treas-
ury, and shall be deposited with such responsible banking in-
stitutions, designated by the Commission, furnishing such
security as the Commission may determine and paying the
highest rate of interest and all such interest shall accrue to
the benefit of the City. The Commission shall provide by
ordinance for the prompt and regular payment and deposit
of all city moneys as required by this section. All fees re-
ceived by any officer or employee shall belong to the City.
Section 5. The revenues raised by general taxation
upon all the property in the city, or by loan to be repaid by
such tax, shall be divided into such and so many funds as the
Commission may by ordinance or resolution determine.
Section 6. Not later than thirty days after the close of
each fiscal year, the Manager shall provide that an annual
audit be made of the accounts of all the officers and depart-
ments of the City Government, by public accountants, who
have no personal interest, direct or indirect, in finanical af-
fairs of the city or any of its officers or employees.
In addition to the annual audit, the Commission or
Manager may at any time provide for such examination or
audit of the accounts of any officer or department of the City
Government, as they may determine.
Section 7. Not later than one month before the end of
each fiscal year, the Manager shall prepare and submit to the
Commission an annual budget for the ensuing fiscal year,
1
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(a)
based upon detailed estimates furnished by the several de-
partments and other divisions of the City Government, ac-
cording to a classification as nearly uniform as possible.
The budget shall present the following information:
An itemized statement of the appropriation rec-
ommended by the Manager for current expenses and for per-
manent improvements for each department and each division
thereof, for the ensuing fiscal year, with comparative state-
ment, in parallel columns, of the appropriation and expendi-
tures for the current and next preceding fiscal year and the
increases and decreases in the appropriation recommended;
(b) An itemized statement of the taxes required and
of the estimated revenue of the city, from all other sources,
for the ensuing fiscal year, with comparative statements in
parallel columns of the taxes and other revenues for the cur-
rent and next preceding fiscal year, and of the increases and
decreases estimated or proposed;
(c) A statement of the financial condition of the city
and an inventory of all property owned by the city; and
(d) Such other information as may be required by the
Commission.
Copies of such budget shall be printed and available for
distribution not later than two weeks after its submission to
the Commission and a public hearing shall be given, by the
Commission, before action thereon.
Section 8. Not later than one month after the begin-
ning of the fiscal year, the Commission shall pass an annual
appropriation ordinance, which shall be based on the budget
submitted by the Manager, as approved or amended by the
Commission.
The total amount of appropriation shall not
exceed the estimated revenues of the City as set forth in the
preceding section. Before the annual appropriation ordi-
nance has been passed, the Commission, on request in writ-
ing of the Manager, may make appropriations for current de-
partment expenses chargeable to the appropriations of the
year when passed, to an amount sufficient to cover the neces-
sary expenses of the various departments until the annual
appropriation ordinance is in force, and may borrow such
money as may be necessary therefor. No liabilities shall be
incurred by any officer or employee of the city, except in ac-
cordance with the provisions of the annual appropriation
ordinance, or under continuing contracts and loans author-
ized under the provisions of this Charter. At any meeting
after the passage of the appropriation ordinance and after at
least one week's notice in a newspaper printed and circulat-
ing in the city, the Commission, by a vote of five members,
may amend such ordinance, so as to authorize the transfer
of unused balances appropriated for one purpose to another
purpose, or to appropriate available revenues not included
in the annual budget.
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Section 9. The Commission shall, by ordinance, levy
such taxes each year as may be necessary to meet the appro-
priations made (less the estimate of the amount of revenue
from other sources) and all sums required by law to be raised
on account of city debt, together with such addition, not ex-
ceeding five per centum of the amount of the budget, as may
bė necessary to meet commissions, fees and abatements in
amount of taxes collected from the estimate, subject in each
case to the laws of the State of Michigan.
Section 10. The Commission shall have authority,
within the limits herein prescribed, to raise annually by
taxation such sums of money as may be necessary to defray
the expenses and pay the liabilities of the City and to carry
into effect the powers in this Charter granted.
Section 11. All sums ordered in the annual appropria-
tion bill in any year, to be raised for the several general
funds, shall forthwith be certified by the Clerk to the Board
of Assessors and shall be levied and collected upon the as-
sessed valuation of all taxable property within the City.
Section 12. All taxes, charges and penalties, other than
special assessments, ordered to be spread on any tax roll,
shall become a lien upon the property assessed, on and af-
ter the first day provided for the collection of such roll.
Section 13. The aggregate amount which the Commis-
sion may raise by a general tax upon the taxable, real and
personal property in the city, for the purpose of defraying
the general expenses and liabilities of the corporation, shall
not exceed in any one year two per centum of the assessed
value of all real and personal property in the City, as fixed
by the assessment roll of the year in which the tax is levied.
Section 14. In addition to the above amounts, the
Commission may raise, by special assessment, in a special
assessment district, such sums as they deem necessary, for
the purpose of grading, curbing, paving, graveling and other-
wise improving the streets, and for constructing sidewalks,
sewers and drains, and making other improvements charge-
able upon the land and property in the district, according to
frontage or benefits, and for all other purposes for which
special assessment funds are constituted.
Section 15. Money may be borrowed in anticipation of
the receipts from taxes during any fiscal year, by the issue
of notes or certificates of indebtedness, but the aggregate
amount of such loans at any time outstanding shall not ex-
ceed twenty-five per centum of the receipts from taxes during
the preceding fiscal year; and all such loans shall be paid out
of the receipts from taxes for the fiscal year in which they
are issued, except in cases of special assessment. No tem-
porary loans, authorized by this section, shall be made with-
out notice being published at least once in a newspaper
printed and circulating in the City of Pontiac at least ten days
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1
before final action by the Commission and without approval
of five of the members of the Commission.
Section 16. No public work or improvement shall be
commenced, or expenditure made, nor any contract therefor
be let or made (excepting as herein otherwise provided) un-
til an appropriation has been made therefor or a special as-
sessment shall have been levied to pay the cost and expenses
thereof. No such work or improvement shall be paid for,
or contracted to be paid for, except from the proceeds of such
appropriation or special assessment or from the proceeds of
bonds or other obligations issued in anticipation of the col-
lection of such appropriation or special assessment.
CHAPTER X.
BONDS.
Section 1. The City, and the Commission thereof, may
borrow money and issue bonds therefor on the faith and
credit of said city, provided that at no time shall the bonded
indebtedness of the city exceed eight per centum of the as-
sessed valuation of all real and personal property in the city.
School Bonds, bonds issued to cover costs of improvements to
be paid by special assessments and bonds issued to cover the
cost of purchasing or installing, improving or extending pub-
lic utilities which are a lien or mortgage on the utility and
are payable from the income of such utility, and which are
not a general obligation of the city, shall not be included in
the aforesaid limitation.
Section 2. Bonds may be issued for the following pur-
poses: Sewers, Drains, Sewage disposal and treatment works
and for enlarging, improving or extending same; water
works, water mains, water filtration or purifying plants and
works, for increasing the water supply and the distribution
and protection thereof; fire stations, fire fighting equipment,
fire alarm apparatus, police stations, police equipment, po-
lice telegraph and alarm equipment, for the purchase or in-
stallation of public utilities, gas and electric generating
plants and distribution systems, heating plants, wireless tele-
phone and telegraph stations, street railway or transporta-
tion systems or the extension or improving thereof; parks,
playgrounds, recreation grounds and buildings and the im-
provements thereof; Civic and community houses and cen-
ters; libraries, hospitals, dispensaries and clinics of all kinds;
work houses and farms; almshouses; juvenile homes; grade
separations; bridges; viaducts; street improvements, by
grading, paving, curbing or otherwise; markets and market
houses; fuel markets and yards; garbage disposal works;
garbage collection equipment; street cleaning apparatus;
aviation fields or landings; hangars; municipal or public
-334
buildings of all kinds; for paying the city's share of street
improvements and sewers when said improvements are paid
in part by special assessment; for any municipal improve-
ment necessary to advance the peace, health, safety and wel-
fare of the city or its inhabitants. · The cost of procuring
sites and furnishings shall be deemed to be a part of all of the
aforesaid. The aforesaid enumeration of powers shall not
be a limitation of the right and power of the city to issue
bonds for other purposes; provided however, that no bonds
shall be issued to defray operative and administrative costs
and expenses of the city.
Section 3. Whenever the Commission shall desire to is-
sue bonds, they shall pass an ordinance, stating the amount
of bonds to be issued and the purpose thereof, how and when
the same shall be due and payable and the rate of interest
thereon, which ordinance shall not be finally passed on the
day it is introduced, except in case of public emergency.
Such ordinance shall be published once before its final pass-
age by the Commission in a daily or weekly newspaper pub-
lished and circulating in the city and thereafter shall be pub-
lished once in each week for three successive weeks imme-
diately preceding the election hereinafter provided. The
time when such ordinance shall take effect shall be pre-
.scribed therein, and it shall be submitted to the electoral
vote of said city for adoption or rejection at a General or
Special Municipal Election to be held therein, and the Com-
mission is hereby empowered to call a Special Municipal
Election, to be held in accordance with the provisions of this
Charter and the General Laws of this State, for the submis-
sion, to the Electors, the question of issuing bonds for the
aforesaid purposes and all persons having qualifications of
electors under the Constitution and General Laws of this
State shall be eligible to register and vote at said Special or
General Election on said bonding questions. If three-fifths
of the votes cast upon the question shall be in favor of the
adoption of such ordinance and the issuance of such bonds,
then such ordinance shall be considered as adopted and such
bonds may be issued.
Section 4. All bonds shall bear interest at not exceed-
ing six per centum per annum and be payable in equal an-
nual installments not exceeding thirty in number (the first
installment to become due not later than two years after:
date), and shall be signed by the Mayor and attested by the
Clerk under the city seal. The coupons evidencing the in-
terest upon said bonds may be executed with the fac simile
signatures of said Mayor and Clerk. Whenever bonds shall
be issued, it shall be the duty of the Commission annually, at
the time and in the manner that other taxes are levied, to
levy a tax in addition to all other taxes authorized by this
--34—
Charter, sufficient in amount to pay the principal and inter-
est of such bonds as they respectively become due.
Section 5. The Commission shall have authority to
raise money by loan, in anticipation of the receipts from
special assessements, for the purpose of defraying the costs
of the improvement for which the assessment was levied.
Bonds or notes may be issued for such loans which shall not
exceed the amount of the assessment for the completion of
the whole work, nor shall such loan be made until after the
special assessment roll shall have been confirmed. The
Commission shall pledge the faith and credit of the City for
the payment of such loan.
Section 6. In case of fire, floods, and other calamity,
the Commission may borrow, for the relief of the inhabi-
tants of the city and for the preservation of municipal prop-
erty, a sum not exceeding one quarter of one per centum of
the assessed value of all real and personal property in the
city, due in not more than three years. For any such loan
lawfully made, the bonds of city may be issued, payable in
equal annual installments.
CHAPTER XI.
ASSESSMENT OF TAXES.
Section 1. For the purpose of making the assessment
of the property of the city, the Commission shall appoint,
subject to removal, a Board of Assessors consisting of not
less than two members and shall provide for their compen-
sation.
The Board of Assessors shall possess all the powers
vested in, and be charged with all the duties imposed upon,
assessing officers by the general laws of the state. On com-
pleting the assessment roll the Board of Assessors shall sign
and transmit the same to the City Clerk for consideration by
the Board of Review.
Section 2. All property subject to ad valorem taxation
shall be assessed at its fair cash value, subject to review as
provided by this charter, the state law, or city ordinance.
Section 3. The Board of Review shall consist of the Di-
rector of Finance, City Clerk and City Attorney and shall
have and exercise all the powers and duties at present or
which in the future may be possessed by Boards of Review
under the General Laws of the State, except as herein other-
wise provided. The Board of Review shall review and
equalize the assessment roll of the City. A majority of such
board shall constitute a quorum for the transaction of busi-
ness, but a less number may adjourn from day to day. They
shall have the power and it shall be their duty to examine
said assessment roll, and they shall have authority to and
shall correct any errors or deficiencies found therein either
as to the names, valuations or descriptions; and of their own
motion, or on cause shown, may reduce or increase the
35-
valuation of any property found on the said roll, and shall
add thereto any taxable property in said city that may have
been omitted, and shall value the same and to strike from
said roll any property wrongfully thereon, and generally to
perfect said roll in any respect by said Board deemed neces-
sary and proper.
Section 4. The said Board of Review shall meet on the
first Monday in May in each year, at the office of the Board
of Assessors, at 9 o'clock in the forenoon, of which time and
place notice shall be given by the City Clerk at least two
weeks prior to the time of meeting, by publishing a notice
thereof in one or more of the newspapers of said City. They
shall select one of their number as Chairman, and shall con-
tinue in session at least four days successively, and as much
longer as may be necessary to complete the review and at
least six hours in each day, during said four days or more;
and any person or persons desiring so to do, may examine
his, her, or their assessment on such roll, and may show
cause, if any exists, why the valuation thereof should be
changed, and the said Board shall decide the same, and their
decision shall be final. They may examine, on oath, any
persons touching the matter of his or her assessment, and
the Chairman or any members of said Board may adminis-
ter oaths. They shall keep a record of their proceedings,
and all changes made in said roll and the amount added to
or deducted from the total valuation shall be entered upon
such record, which record shall be deposited with the City
Clerk, who shall be clerk of said Board. The decision of a
majority of the members of said Board upon all questions
shall govern. The roll as prepared by the Board of As-
sessors shall stand as approved and adopted, as the act of
the Board of Review, except as changed as herein provided.
Said Board shall have the same power and perform the same
duties in all respects as Boards of Review of townships in
reviewing and correcting assessments made by Supervisors
of townships not inconsistent herewith and, except as in this
Charter otherwise provided. After the said Board of Re-
view shall have completed the revision of said roll, the Clerk
shall endorse and sign a statement upon the roll, to the ef-
fect that the same is the general assessment roll of the city
for the year it has been prepared, as approved by the Board
of Review. Such statement may be in the following form:
City of Pontiac-SS. I hereby certify that the Board of
Review of the City of Pontiac, has reviewed, equalized, and
corrected within the assessment roll, and have deducted (or
added, as the case may be)... ..dollars from (or to, as
the case may be) the valuation of the real estate made by the
Board of Assessors; and have determined the aggregate va-
lue of such real estate to be... dollars, the total value
-36-
of personal estate to be..
..dollars for the year
A. D....
Date
City Clerk.
Upon the completion of such roll and its endorsement
in the manner aforesaid, it shall be returned to the Board of
Assessors and shall be conclusively presumed, by all courts
and tribunals, to be valid and shall not be set aside except
for causes mentioned in the General Laws of the State, re-
lating to the assessment of property, and the levy and col-
lection of taxes thereon. The omission of such endorse-
ment, however, shall not affect the validity of any such roll.
Section 5. Within thirty (30) days after the confirma-
tion of such roll, as above provided, the Board of Assessors
shall deliver a certified copy of their assessment roll on
which the tax has been apportioned and spread to the Treas-
urer to be filed in his office.
Section 6. The taxes assessed on the general city tax
roll for each fiscal year shall be due and payable on the first
day of July of each year, and may be paid at any time during
the whole of said month without any collection fee, or addi-
tional charge. An additional charge of one per cent shall
be added to all unpaid general city taxes on the first day of
August, and an additional charge of one per cent shall be
made and added to all such delinquent unpaid taxes on the
first day of each month during which said taxes shall re-
main unpaid, until return thereof, together with such ac-
crued penalties or charges, shall be made to the County
Treasurer.
Section 7. The City Treasurer shall give notice by pub-
lishing in a daily newspaper published and circulating in said
city, for the six secular days next preceding July 1st, which
notice shall be sufficient demand for the payment of all taxes
on said rolls, and that the payment therein specified may be
made to him at any time up to and including the 31st day
of July without any collection fee therefor; provided that an
addition of one per centum shall be made thereto on the first
day of August, and an additional charge of one per centum
shall be made on the first day of each month that the tax
remains unpaid until return to the County Treasurer by the
City Treasurer.
Provided, however, that the failure to give the notice
specified in this section for the payment of such tax shall not
invalidate the said tax, nor release the persons or property
assessed from the penalty herein specified.
Section 8. The taxes so assessed shall be and remain
a lien upon the lands upon which they are levied and a
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charge against the persons owning the property, as pro-
vided for in the General Laws of the State.
Section 9. The Board of Assessors shall keep the origi-
nal assessment rolls in their office until the meeting of the
Board of Supervisors of Oakland County in the month of Oc-
tober, and present such rolls to said Board, which rolls, af-
ter equalization by said Board, shall be the assessment rolls
of the city for all assessment purposes whatsoever, except
the levying of taxes to be collected in the month of July, as
herein provided.
Section 10. On the first day of November, the Board of
Assessors shall apportion and spread upon the tax rolls all
school, state and county taxes, certified to them by the
Board of Supervisors, or otherwise, and such other taxes as
are legally required to be spread on the rolls.
Section 11. Within thirty days after the first day of No-
vember, the Board of Assessors shall deliver a certified copy
of the assessment roll to the City Treasurer to be filed in
his office, to which roll shall be annexed a warrant signed by
the Board of Assessors and directed to the Treasurer, and in
all other respects as near as may be as warrants of town-
ship treasurers for the collection of state, county and town-
ship taxes.
Section 12. Upon receiving said tax roll as herein pro-
vided, the Treasurer shall give notice to the taxpayers of the
City that such rolls have been delivered to him, and that the
taxes therein levied can be paid to him at his office at any
time from the tenth day of December to and including the
tenth day of January next ensuing without any charge for
collection, but that four per cent collection fee will be
charged and collected upon all taxes remaining unpaid after
the tenth day of January. Said notice shall be given by pub-
lishing the same six successive times in a daily newspaper
published in, said City. But any defect in said notice, or
any omission to comply with the provisions of this section
shall not invalidate said tax roll or any measure, thereafter
to be taken, to enforce collection of the taxes thereon.
Section 13. For the collection of all taxes remaining
unpaid on the general tax roll after the 31st day of July and
the 10th day of January of each year, the Treasurer shall
proceed in the same manner as township Treasurers are re-
quired by law to do for the collection of taxes in townships
and shall for that purpose have all the power and authority
conferred by law upon township treasurers for such pur-
poses. And it is hereby made mandatory upon the Treasurer
to exhaust all legal remedies for the collection of unpaid
personal tax before the return thereof.
Section 14. The Treasurer shall, within ten days after
the expiration of the time limited in his warrant, or in case
of extension of time for collecting such taxes, within ten days
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The per-
after such time has expired, pay over to the treasurer of the
Board of Education the amount which by law is payable to
him, and on the first day of March, or within ten days there-
after, shall pay to the County Treasurer the balance which
by law is payable to him, and shall make his returns accord-
ing to the general laws of the State relating to township
treasurers, except as herein otherwise provided, and such
general laws shall govern in all things not herein otherwise
provided for
Section 15. Any person owning an undivided share or
other part or parcel of real property, assessed in one descrip-
tion, may pay on the part thus owned by paying an amount
having the same relation to the whole tax as the part on
which payment is made, has to the whole parceí.
son making such payment shall accurately describe the part
or share on which he makes payment and the receipt given
and the record of the receiving officers shall show such de-
scription and by whom paid; and in case of the sale of the
remaining part, or share, for non-payment of taxes, he may
purchase the same in like manner as any disinterested per-
son could. These provisions shall include all taxes that
may be assessed against real property, including special as-
sessments.
Section 16. The fees and penalties for the collection of
all taxes provided for by this charter, or the General Laws
of the State, shall belong to the city and shall be paid by said
Treasurer into the City Treasury.
Section 17. The Board of Assessors shall, at least
monthly, make and keep in their office a corrected record of
the changes of ownership of real property in the City of Pon-
tiac as shown by the Records of the Register of Deeds of
Oakland County.
CHAPTER XII.
SPECIAL ASSESSMENTS.
.
Section 1. The Commission shall have power to pro-
vide for the payment of all or any part of the cost of con-
struction, re-construction, repair, operation or maintenance
of any structure or work in the nature of public improve-
ment, by levying and collecting special assessments upon
property specially benefited. Such special assessments may
be payable in yearly installments for a period not exceeding
five years.
Section 2. When the owners of the majority of the
frontage of lands, liable to be assessed in any special assess-
ment district, or part of the city which may be constituted a
special assessment district, shall petition the Commission for
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any public improvement, the Commission shall order such
improvement to be made. In other cases public improve-
ments shall be made in the discretion of the Commission.
Section 3. When the Commission shall determine to
make any public improvement or repairs and defray the
whole or part of the cost and expenses thereof, by special as-
sessment, they shall so declare by resolution, stating the na-
ture of the improvement and what part or proportion of the
expenses thereof shall be paid by special assessment, and
what part, if any, shall be paid from the general funds of the
city, and shall designate the district or lands and premises
upon which the special assessment shall be levied.
Section 4. Before ordering any public improvements or
repairs, any part of the expenses of which is to be defrayed
by special assessment, the Commission shall cause estimates
of the expenses thereof to be made, and also plats and dia-
grams, when practicable, of the work and of the locality to
be improved, and deposit the same with the Clerk for public
examination; and they shall give notice thereof and of the
proposed improvements and of the district to be assessed,
and of the time and place when the Commission will meet
and consider any objections thereto, by publication once at
least five days prior to such meeting in a newspaper pub-
lished and circulating in the city.
Section 5. When any special assessment is to be made
pro rata upon the lots and premises in any special assess-
iment district, according to frontage or benefits, the Commis-
sion shall, by resolution, direct the same to be made by the
Board of Assessors and shall state therein the amount to be
assessed and whether according to frontage or benefit; and
describe or designate an assessment district comprising the
lands to be assessed.
Section 6. Upon receiving such orders and direction,
the Board of Assessors shall make out an assessment roll,
entering and describing therein all the lots, premises and
parcels of land to be assessed, with the names of the persons,
if known, chargeable with the assessment thereon; and shall
levy thereon and against such property the amount to be
assessed, in the manner directed by the Commission and pro-
visions of this Chater applicable to the assessment. In all
cases where the ownership of any description is unknown to
the Board of Assessors, they shall, in lieu of the name of the
owner, insert the word, “Unknown” and if by mistake or
otherwise, any person shall be improperly designated as the
owner of any lot, or parcel of land or premises, or if the same
shall be assessed without the name of the owner, or the name
of a person other than the owner, such assessment shall not
for any cause be vitiated, but shall, in all respects, be as valid
upon and against such lot, parcel of land or premises, as
though assessed in the name of the proper owner, and when
-40%
the assessment shall have been confirmed, it shall be a lien
on such lot, parcel of land or premises, and collected as in
this Charter provided.
Section 7. If the assessment is required to be accord-
ing to frontage, the Board of Assessors shall assess to each
lot or parcel of land such relative portion of the whole
amount to be levied, as the length or front of such premises
abutting upon the improvement bears to the whole frontage
of all lots to be assessed, unless on account of the shape or
size of any lot, an assessment for a different number of feet
would be more equitable. If the assessment is directed to be
according to benefits, they shall assess upon each lot such
relative portion of the whole sum to be levied as shall be
proportionate to the estimated benefit resulting to such lot
from the improvement. When they shall have completed
the assessment roll, they shall report the same to the Com-
mission; such report shall be signed by the Board of Assess-
ors, and may be in the form of a certificate, endorsed on the
assessment roll, as follows:
“STATE OF MICHIGAN
SS.
CITY OF PONTIAC
TO THE COMMISSION OF THE CITY OF PONTIAC:
We hereby certify and report that the foregoing is a
special assessment roll, and the assessment made by us pur-
suant to a resolution of the Commission of said city, adopted
(give date) for the purpose of paying that part of the cost
which the Commission decided should be paid and borne by
special assessment for the (insert here object of the assess-
ment); that in making such assessment we have, as near as
may be, according to our best judgment, conformed in all
things to the direction contained in the resolution of the
Commission hereinbefore referred to, and the charter of the
city relating to such assessment.
Dated.
}
BOARD OF ASSESSORS."
Section 8. When any expense shall be incurred by the
city upon or in respect to any separate or single lot, parcel
of land or premises which, by the provision of this Charter,
the Commission is authorized to charge and collect as a
special assessment against the same, and not being that class
of special assessments required to be made pro rata upon
several lots or parcels of land in a special assessment dis-
trict, on account of the labor, material or services for which
such expense was incurred, verified by the Manager, with a
description of the lot or premises upon or in respect to which
the expense was incurred, and the name of the owner or per-
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1
son, if known, chargeable therewith, shall be reported to the
Commission in such manner as they shall prescribe. The
provisions of the preceding section of this Chapter with ref-
erence to special assessments generally, and the proceedings
necessary to be had before making the improvements, shall
not apply to assessments to cover the expenses incurred, in
respect to that class of improvements contemplated in this
section.
Section 9. The Commission shall determine what
amount or part of every such expense shall be charged, and
the person, if known, against whom, and the premises upon
which the same shall be levied as a special assessment, and
as often as the Commission shall deem it expedient they shall
require all of the several amounts so reported and deter-
mined, and the several lots or premises, and the persons
chargeable therewith, respectively, to be reported by the
Clerk to the Board of Assessors for assessment.
Section 10. Upon receiving the report mentioned in the
preceding section, the Board of Assessors shall make a
special assessment roll, and levy as a special assessment
therein, upon each lot or parcel of land so reported to them
and against the persons chargeable therewith, if known,
the whole amount or amounts of all the charges so directed
as aforesaid to be levied upon each of such lots or premises
respectively, and when completed they shall report the as-
sessment to the Commission, and all the several assessments
shall be kept separated.
Section 11. When any special assessment roll shall be
reported by the Board of Assessors to the Commission, as in
this Charter directed, the same shall be filed in the office of
the Clerk and numbered consecutively. Before adopting
such assessment roll, the Commission shall cause five days
notice to be published in some newspaper of the City, of the
filing of the same with the Clerk, and appointing a time
when the Commission and the Board of Assessors will meet
to review said assessment. Any person objecting to the
assessment may file his objections thereto in writing with
the Clerk. The notice provided for in this section may be
addressed to the persons whose names appear upon the
special assessment roll, and to all others interested therein,
and may be in the following form:
“NOTICE OF SPECIAL ASSESSMENT.
To (insert the names of the persons against whom the
assessment appears) and to all other persons interested, take
notice: That the roll of the Special Assessment heretofore
made by the Board of Assessors for the purpose of defraying
that part of the cost which the Commission decided should
be paid and borne by special assessment for the (insert the
object of the assessment and the locality of the proposed im-
provement in general terms) is now on file in my office for
424
public inspection. Notice is also hereby given that the
Commission and the Board of Assessors of the City of Pon-
tiac will meet at the City Hall in said City on.
to review said assessment at which time and place opportu-
nity will be given all persons interested to be heard:
Dated..
City Clerk.”
Section 12. At the time and place appointed for the
purpose as aforesaid, the Commission and Board of Assess-
ors shall meet and there, or at some adjourned meeting, re-
view the assessment roll, and shall hear any objections to
any assessment which may be made by any person deeming
himself aggrieved thereby, and the Commission may correct
said roll as to any assessment, or description of premises,
appearing therein, and may confirm it as reported, or as cor-
rected, or they may refer the assessment back to the Board
of Assessors for revision; or annul it and direct a new assess-
ment, in which case the same proceedings shall be held as in
respect to the previous assessment. When a special assess-
ment shall be confirmed, the Clerk shall make an endorse-
ment upon the roll showing the date of the confirmation.
Section 13. When any special assessment roll shall
be confirmed by the Commission it shall be final and conclu-
sive.
Section 14.
All special assessments shall, from the
date of confirmation thereof, constitute a lien upon the re-
spective lots or parcels of land assessed, and shall be a
charge against the respective owners of the several parcels
as assessed until paid.
Section 15. Upon the confirmation of any special assess-
ment, the amount thereof may be divided into not more than
five installments, one of which shall be collected each year,
at such times as the Commission shall determine, with an-
nual interest at a rate not exceeding six per cent per annum,
but the whole assessment after confirmation may be paid to
the City Treasurer at any time in full, with the accrued in-
terest thereon, provided that no interest shall be charged un-
til 20 days after confirmation.
Section 16. All special assessments, except such in-
stallments thereof as the Commission shall make payable at
a future time, as provided in the preceding section, shall be
due and payable upon confirmation.
Section 17. In all cases of special assessments of any
kind against any property where any such assessments have
failed to be valid in whole or in part, the Commission shall
be and they are hereby authorized to cause to be re-assessed
such special taxes or assessments, and to enforce their col-
1
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lection; and it is further provided that whenever for any
cause, mistake, or inadvertance, the amount assessed shall
not be sufficient to pay the cost of such improvements made
and enjoined on the property, or on the owners of property
in the local assessment district where the same are made,
that it shall be lawful, and the Commission is hereby directed
and authorized to cause to be made a re-assessment upon
all the poperty in said local assessment district to pay for
such improvements and to continue requiring such re-as-
sessments until a valid and sufficient assessment shall have
been made.
Section 18. No judgment or decree, nor any act of the
Commission vacating a special assessment, shall destroy or
impair the lien of the city upon the premises assessed, for
such amount of the assessment as may be equitably charged
against the same, or, as by a regular mode of proceeding
might have been lawfully assessed thereon.
Section 19. Whenever any special assessment shall be
confirmed and be payable, the Commission may direct the
Clerk to report to the Board of Assessors a description of such
lots and premises as are contained in said roll, with the
amount of the assessments levied upon each and the name of
the owner or occupant against whom the assessment was
made, and direct said Board of Assessors to levy the several
sums so assessed respectively. The Board of Assessors shall
levy the sums therein mentioned upon the respective lots
and premises to which they are specially assessed, and
against the persons chargeable therewith, as a tax, in the
general tax roll next thereafter to be made, in a column for
special assessments, and thereupon the amount so levied in
said tax roll shall be enforced and collected with the other
taxes in the tax roll, and in the same manner; and shall con-
tinue to be a lien upon the premises assessed until paid, and
when collected shall be paid into the City Treasury.
Section 20. Whenever any special assessment shall be
confirmed and be payable as herein before provided, the Com-
mission, instead of requiring assessments to be reported to
the Board of Assessors as provided in the preceding section,
may direct the assessment so made in the special assess-
ment roll to be collected directly therefrom; and thereupon
the Clerk shall attach his warrant to a certified copy of said
special assessment roll, therein commanding the Treasurer
to collect from each of the persons assessed in said roll the
amount of money assessed to and set opposite his name
therein, and in case any person named in said roll shall neg-
lect or refuse to pay his assessment upon demand, then to
levy and collect the same by distress and sale of the goods
and chattels of such person and return said roll and warrant,
together with his doing thereon, within sixty days from the
date of such warrant.
--44—
Section 21. Upon receiving said special assessment
roll and warrant the Treasurer shall proceed to collect the
amount assessed therein. If any person shall neglect or re-
fuse to pay his assessment upon demand, the Treasurer shall
seize and levy upon any personal property found within the
city or elsewhere within the State of Michigan, belonging to
such person and sell the same at Public auction, first giving
six days notice of the time and place of such sale, by posting
such notice in three public places in the city or township
where such property may be found. The proceeds of such
sale, or so much thereof as may be necessary for that pur-
pose, shall be applied to the payment of the assessment, the
costs and expenses of seizure and sale, and the surplus, if
any, shall be paid to the person entitled thereto.
Section 22. The Treasurer shall make return of said
assessment roll and warrant to the Clerk according to the re-
quirement of the warrant, and if any of the assessments in
said roll shall be returned unpaid, the Treasurer shall attach
to his return a statement, verified by affidavit, containing a
list of the persons delinquent, and a description of the lots
and premises upon which the assessment remains unpaid,
and the amount unpaid on each.
Section 23. Said warrant may be renewed from time to
time by the Clerk if the Commission shall so direct, and for
such time as they shall determine, and during the time of
such renewals, the warrant shall have the same force and
the Treasurer shall perform the same duties and make the
like returns as above provided. In case any assessment
shall be finally returned by the Treasurer unpaid, as afore-
said, the same shall be certified to the Board of Assessors in
the manner provided in Section 19 of this Chapter, and shall
then be levied, together with the penalty of ten per cent of
the amount of said assessment, in the next tax roll, and be
collected and paid in all respects as provided in Section 19
of this Chapter.
Section 24. At any time after a special assessment has
become payable, the same may be collected by suit, in the
name of the city, against the person assessed, in an action
of assumpsit, in any court having jurisdiction of the amount.
In every such action a declaration upon the common counts
for money paid shall be sufficient. The special Assessment
roll and a certified order or resolution confirming the same
shall be prima facie evidence of the regularity of all the pro-
ceedings in making the assessment of the whole amount
due, and of the right of the city to recover judgment there-
for.
Section 25. If, in any such action, it shall appear that
by reason of any irregularities or informalities, the assess-
ment has not been properly made against the defendant, or
upon the lot or premises sought to be charged, the court may
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nevertheless on satisfactory proof that expenses have been
incurred by the city, which is a proper charge against the
defendant, or the lot or premises in question, render judg-
ment for the amount properly chargeable against such de-
fendant, or upon such lots or premises.
Section 26. If the owner or occupant of any lot or
premises shall fail to remove the snow, ice, and filth from
the sidewalk upon which such property abutts, or to remove
and keep the same from obstruction, encroachments, encum-
brances or other nuisances, or fail to perform any other duty
required by the City in respect to such sidewalks or the
premises of any person within such time and in such manner
as the city shall require, the city may cause the same to be
done, and the expenses or such part thereof as the City shall
have determined, together with a penalty of ten per centum
may be charged and collected as a special assessment
against such property as in this Charter provided.
Section 27. Revenues and moneys raised by taxation in
every special assessment district in the city, shall be credited
to separate special assessment funds, and money so raised
shall be used solely for the purpose specified. Provided, if
there be a surplus after paying for the specified improvement
such surplus shall be refunded pro rata as follows: By re-
fund where the tax has been paid in full, and by credit on the
assessment roll where the tax has not been fully paid.
CHAPTER XIII.
STREETS AND SIDEWALKS, SEWERS, DRAINS
AND WATER SUPPLY.
Streets and Sidewalks.
Section 1. The Commission shall have control of and
maintain: all streets, highways and alleys in the city and
may improve the same by grading, graveling, curbing, pav-
ing, repaving, constructing sidewalks or otherwise, and shall
have authority to lay out, open, widen, extend, straighten,
alter, close, vacate, or abolish any highway, street or alley
in the city, whenever they shall deem the same a public im-
provement. The expense of such improvement may be paid
by special assessment upon the property adjacent to or bene-
fited by such improvement, in the manner in this Charter
provided for levying and collecting special assessments; or
in the discretion of the Commission, a portion of such costs
and expenses may be paid by special assessment as aforesaid,
and the balance by the city.
Section 2. When the Commission shall deem it advis-
able to vacate, discontinue or abolish any street, alley or
public ground, or any part thereof, they shall, by resolution,
46-
so declare and in the same resolution shall appoint a time,
not less than four weeks thereafter, when they shall meet
and hear objections thereto. Notice of such meeting, with a
copy of said resolution, shall be published once, not less than
two weeks before the time appointed for such meeting, in a
newspaper published and circulating in the City.
Section 3. The Commission shall have authority to de-
termine and establish the grade of all streets, avenues, al-
leys, sidewalks, curbs and public grounds within the city,
and may change or alter the grade of any street, sidewalk,
curb, alley or public ground, or any part thereof, whenever
in their opinion the public convenience will be promoted
thereby. Whenever a grade shall be established or altered,
a record and diagram thereof shall be kept in the office of the
Department of Public Works and Service.
Section 4. Whenever any street, alley, or public high-
way shall have been graded, or pavement, sidewalk or curb
shall have been constructed, in conformity to grades estab-
lished by authority of the city, and the expenses thereof
shall have been assessed upon lots or lands bounded by, or
abutting upon such street, alley, sidewalk, curb or public
highway, the owner or owners of such lots or lands shall
not be subject to any special assessment occasioned by any
subsequent change of grade in such pavement, alley, side-
walk, curb or public highway, but the expense of all im-
provements occasioned by such change of grade shall be
chargeable to and be paid by the city.
Section 5. Such part of the expense of improving or
repairing any street, lane or alley, by grading, graveling,
paving, repaving, curbing, constructing sidewalks or other-
wise improving or repairing the same, as the Commission
shall determine, and keeping the same free from dust and
nuisance, may be paid by the City, or the whole or such part
of the expense of such improvement, as the Commission
shall determine, may be defrayed by special assessments upon
lots and premises included in a special assessment district,
to be constituted of the lands fronting upon that part of the
street or alley so improved or proposed so to be, or consti-
tuted of lands fronting upon said improvement, and such
other lands, as in the opinion of the Commission, may be
benefited by the improvement.
Section 6. The City shall build or cause to be built,
maintain and control all sidewalks and crosswalks in the
public streets and alleys of the city, and may prescribe the
grade thereof, and change the same when deemed neces-
sary, as herein provided.
Sewers and Drains.
Section 7. The Commission may establish, construct
and maintain a sewerage system, sewage disposal systems,
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sewers and drains whenever and wherever necessary, and
of such dimensions and materials, and under such regula-
tions as they may deem proper.
Section 8. Special assessments for the construction of
sewers and drains shall be made in the manner provided in
this Charter for making special assessments.
Section 9. The owners or occupants of lots and prem-
ises shall have the right to connect the same, at their own
expense, by means of private drains, with the public sewers
and drains, under such rules and regulations as the Com-
mission shall prescribe.
Section 10. Such part of the expense of providing
ditches and drains and improving water courses as the Com-
mission shall determine, may be defrayed by a special as-
sessment upon the lands and premises benefited thereby.
Water Supply.
Section 11. The City Commission shall cause to be
maintained, an adequate water works system for the fur-
nishing of sufficient water supply and make all such ordi-
nances, rules and regulations as are necessary for a safe,
economical, and efficient management of the same.
Section 12. The Commission shall also provide for the
improvement and extension of the water works and water
system wherever and whenever necessary for the public
health and welfare, and for adequate fire protection.
Section 13. The Commission shall, by ordinance, es-
tablish a uniform schedule of rates, make such rules and
regulations for the use of water and the payment therefor as
may be deemed expedient. Unpaid charges for the use of
water upon any property within the city shall be a lien upon
said property.
Section 14. No person, firm, corporation, or associa-
tion shall be allowed free use of water, nor shall there be
discrimination among water users of like classes, and re-
bates shall never be allowed, except as an inducement for
prompt payment of water rates.
Section 15. The Commission may, by ordinance, pro-
vide for furnishing water to consumers outside of the City
Limits, provided, that the quantity of water so furnished
shall not exceed one-quarter of the total consumption in-
side the corporate limits.
1
CHAPTER XIV.
CONDEMNATION AND APPROPRIATION
OF PROPERTY.
Section 1.
Private property, whether within or without
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the City limits, may be purchased, condemned or appro-
priated for public use for the purpose of opening, widening,
altering or extending streets, alleys and avenues; for the
construction of bridges, viaducts, grade separation, public
buildings, parks, parkways, markets, and market places,
sewers, drains and water courses, public and detention hos-
pitals, public cemeteries, sewage disposal; water supply,
water mains, water works, and for the protection thereof;
or any necessary lawful public use not specifically enumer-
ated herein.
Section 2. If it shall become necessary to condemn or
appropriate private property for the public uses or purposes
specified in the preceding section, the right to occupy and
hold the same, and the ownership therein and thereto, may
be acquired by the city in the manner and with like effect
as provided by the General Laws of this State, relating to the
taking of private property for public use.
Section 3. Whenever the Commission shall have de-
cided a public improvement to be necessary, and shall have
declared that they deem it necessary to take private prop-
erty, describing it, for such public improvement, designating
it, and that the improvement is for the use or the benefit of
the municipality, they shall by resolution, direct the City
Attorney to institute the necessary proceedings in behalf of
the municipality, before the proper court, to carry out the
object of the resolution in regard to taking private property
by the city for such public use.
CHAPTER XV.
MISCELLANEOUS.
Section 1. All wards, heretofore existing in this city,
are hereby abolished and the city shall hereafter consist of
one ward.
Section 2. The boundaries of the several election dis-
tricts or precincts shall remain as they heretofore existed
until the said boundaries shall be changed by the Commis-
sion in accordance with the General Laws of this State or in
accordance with the provisions of this Charter, provided
that said precincts shall be renumbered by the Commission
to conform herewith.
Section 3. Any public work or improvement costing
more than $1000.00, shall be executed by contract, except
where a specific work or improvement is authorized by the
Commission, based on detailed estimates, submitted by the
Department authorized to execute such work or improve-
ment. Contracts shall be awarded to a responsible bidder.
Bids for such contracts shall be opened not less than threr
--49 %
(3) days after advertisement therefor in some newspaper
published and circulating in the City, but the Commission
shall have the power to reject any or all bids and to adver-
tise again, and all advertisments shall contain a reservation
of this right. Provided that where the Commission is not
satisfied with the bids obtained, it may authorize the doing
of such work under the direction of the Manager.
Section 4. Every contract shall reserve to the City the
right, when it shall become satisfied that the work provided
for in any contract will not be completed within the time
limited, to furnish additional labor and material if neces-
sary, and render such other assistance as it may deem ad-
visable, for the completion of such contract, at the expense
of the contractor, and retained by the City out of the con-
tract price or recovered by legal proceedings.
Section 5. Every contract to which the city is a party,
shall reserve to the City the right to determine finally all
questions as to the proper performance of such contract, or
any unfinished portion thereof, and in case of the improper,
dilatory or imperfect performance thereof to suspend the
work at any time and to order the partial or entire recon-
struction of the same; and whenever because of unreason-
able delay in the work or for other just cause it shall de-
clare such contract forfeited, it may complete or re-let the
work covered by such contract or any unfinished portion
thereof. Power is hereby given the City to determine all
such questions arising under any such contract, according
to the true intent and meaning thereof.
Section 6. When it becomes necessary in the prosecu-
tion of any work or improvement under contract to make
minor alterations or modifications of such contracts or the
plans and specifications thereof, such alterations, changes
or modification shall be made only on the written order of
the Manager
Section 7. No such order shall be made until the price
to be paid for the work or material or both, and the credits,
if any, to be allowed by the city, under the altered or modi-
fied contract, shall have been agreed upon in writing and
signed by the contractor and by the Manager.
Section 8. Upon the completion of any public work or
improvement, wherein a bond for construction or mainte-
nance has been furnished, the Manager shall, before the
payment of the final estimate or balance due thereon, file
with the Clerk and the City Attorney a written report, certi-
fying whether such work or improvement has, in his judg-
ment, been done in all respects in accordance with the con-
struction specifications. Provided such report shall not
waive any right of the city to later complain of non-com-
pliance with such construction specifications.
Section 9. It shall be the duty of the Manager, annu-
--50-
ally, during the life of all maintenance bonds given to the
City, upon public woks or improvements, to report in writ-
ing to the Commission the defects and costs of repair and
maintenance of such work or improvements.
Section 10. It shall be the duty of the Commission
promptly to institute appropriate proceedings, on behalf of
the city, whenever there shall have been default in comply-
ing with such construction or maintenance specifications.
Section 11. No public improvement, costing more than
$1000, shall be contracted for or commenced until drawings,
profiles and estimates for same shall have been submitted
to the Commission and approved by it; and the same or a
copy thereof, shall thereafter remain on file in the office of
the Clerk, subject to inspection by the public.
Section 12. No member of the Commission, the Mana-
ger, or any other officer or employee of the city, shall be per-
sonally interested in any contract with or for the city, nor in
the expenditures of any money on the part of the city, and
every such contract shall be void.
Section 13. The Commission shall have the power to
hold hearings and to compel, by subpoena, the attendance of
witnesses and the production of books, papers and data in
any proceedings or hearing pending before it. The forms of
the subpoena shall be prepared by the City Attorney. The
Commission shall provide, by ordinance, for the punishment
of any person who, having been personally served with sub-
poena, wilfully disobeys same. Such subpoena may be
served by any person of lawful age. Each witness shall be
entitled to receive the same fees for attendance as is pro-
vided by law for the payment of witness fees in the Circuit
Courts of this State.
Section 14. The said Commission shall by ordinance
prescribe the method to more effectually carry out the fore-
going provisions.
Section 15. The City Commission may by ordinance
provide for pensioning persons injured by violence, accident
or exposure while employed by the City in the fire or police
departments, when such injuries arise out of or in the
course of such employment; also for the dependents of the
person killed while so employed, and for persons who have
been in such employment of the City for twenty-five years or
more, subject to such rules and regulations as the Commis-
sion may prescribe.
Section 16. The Commission shall have the power to
prescribe by ordinance, limits or districts to be known as
"Fire Limits" and to prescribe the construction of buldings
therein, both as to kind of material and type of construction;
to prohibit within such limits or districts, as it shall deem
expedient, the location of shops, factories, the prosecution
of any trade or business, the keeping of lumber yards, the
-51-
storing of lumber or other easily inflammable and explosive
material in any place, when in the opinion of the Commis-
sion the danger from fire is thereby increased, and may pass
and enforce such other ordinances and regulations as it
may deem necessary for the prevention and suppression of
fires.
Section 17. The City shall not be liable for unliqui-
dated damages for personal or other injuries, unless the
person suffering the injury or sustaining the damage, or
someone in his behalf, shall serve a notice in writing upon
the city, within sixty days after such injury shall have oc-
curred, which notice shall specify the location and the na-
ture of the defect; the injury sustained and the names of the
witnesses, as to the fact of the happening of the accident
complained of, which are known at that time by said claim-
ant. The failure to so notify the city within the time and
in the manner specified herein shall exonerate, excuse and
exempt the city from any and all liability on account of any
such injury.
Section 18. Service of all process and notice of claims
for unliquidated damages against the city shall be made on
the Mayor, Manager or Clerk.
Section 19. Subject to the limitation of this Charter
and of the General Laws, the Commission shall have the
power to receive, devises, bequests, gifts, and donations of
all kinds of property within or without the city, in fee simple
or in trust, for charitable or other public purposes and to do
all things and acts necessary to carry out the purposes of
such bequest, gifts and donations, with power to sell, lease
or otherwise manage or dispose of the same, in accordance
with the terms of the bequest or donation.
Section 20. No member of the Commission, the Mana-
ger or other officer or employee of the city shall knowingly
accept any gift, frank, free ticket, pass, reduced price or re-
duced rate of service from any person, firm or corporation
operating a public utility within the city; or from any per-
son known to him to have or to be endeavoring to secure a
contract with the city. The provisions of this section shall
not apply to the transportation of policemen or firemen in
uniform or wearing their official badges, when the same is
provided for by ordinance or otherwise. No member of the
Commission shall be eligible to an appointive office within
its gift, during the period for which he was elected.
Section 21. All officers and employees shall be elected
or appointed with reference to their qualifications and fit-
ness, and for the good of the public service, and without any
reference to their political faith or party affiliations.
Section 22. The Commission may by ordinance limit
the number of places where intoxicating liquors may be sold
and for which licenses may be issued; the terms and condi-
-52-
tions upon which such licenses may be granted; restrict the
territory within which said places where intoxicating liquors
may be sold, shall be located; prescribe rules and regula-
tions for the conducting of said places where intoxicating
liquors may be sold, and the conditions upon which said li-
cense may be annulled, revoked or cancelled, and may also,
by resolution, prescribe the location of said places where in-
toxicating liquors may be sold, within the proper territory.
All subject to the Constitution and General Laws of the State.
Section 23. When the Commission shall deem it for
the public interest, grounds and buildings for necessary pub-
lic uses, may be purchased, erected and maintained, beyond
the corporate limits of the city; and in such cases the Com-
mission shall have authority to pass and enforce, beyond the
city limits, and over such lands, buildings and property, in
the same manner, and to the same extent as if they were
situated within the city, all such ordinances and police regu-
lations as may be necessary for the care and protection
thereof, and for the management and control of the persons
kept or confined in any building maintained upon such prop-
erty.
Section 24. Where the following specified words are
used herein they shall each be construed to mean as follows:
1. "State" shall mean "State of Michigan”.
2. "City" shall mean "City of Pontiac".
3. "Commission" shall mean "City Commission".
4. “Manager” shall mean "City Manager".
5. “Clerk” shall mean “City Clerk”, unless from the
context the contrary shall plainly appear.
6. "City Attorney" shall mean "Director of the Depart-
ment of Law.”
7. "Treasurer" shall mean “City Treasurer”.
8. “Auditor” shall mean “City Auditor”.
Section 25. Words imparting the singular number,
only, may extend to and embrace the plural number and
words imparting the plural number may be applied and
limited to the singular number; words imparting the mas-
culine gender, only, may extend and be applied to females
as well as males.
Section 26. Words purporting to give joint authority
to two or more public officers or other persons either as a
Board or otherwise shall be construed as giving such author-
ity to a majority of such officers or other persons unless it
shall be otherwise expressly declared.
Section 27. The word "person” may extend and be ap-
plied to bodies, politic and corporate as well as individuals.
The words “written” and “in writing" may be construed to
include printing, engraving, typewriting and lithographing,
except that this rule shall not apply to provisions requiring
53—
$
written signatures, unless it be otherwise expressly herein
provided.
Section 28. Should any portion of this Charter be de-
clared void, illegal or unconstitutional, such finding shall not
invalidate the remainder of the Charter.
Section 29. The Commission first elected under this
Charter, and their successors in office, shall be held and
deemed, in law, and in fact, the successors of the Mayor and
Commission in office when this Charter shall take effect, and
upon the qualification of such Commissioners comprising
the Commission elected under the provisions of this Charter,
all the powers, rights and duties of their predecessors in of-
fice shall cease, and such Commission shall have and exercise
all the rights, powers and duties of the said Mayor and Com-
mission as may be conferred by the Constitution and laws of
this State and by this Charter.
Section 30. In addition to other provisions herein con-
tained, a vacancy shall exist in any elective office when an
elected officer fails to qualify within ten days after receiving
his certificate of election, dies, resigns, is removed from of-
fice, removes from the city or is convicted of a felony.
Section 31. The Commision shall, within three years
after the adoption of this Charter, adopt a city plan. To the
end that said plan shall provide for the logical development
of the streets and transportation facilities; parks, boule-
vards and recreation grounds; sewer and drainage systems;
water supply and distribution systems; and the location of
public buildings. The Commission may appoint such boards,
officers and commissions as it may deem necessary to carry
this provision into effect.
CHAPTER XVI.
FINAL.
Section 1. This Charter shall be submitted to the Elec-
tors of the City of Pontiac, for their adoption or rejection,
on the 12th day of July, 1920. Prior to such submission,
said Charter shall be published once in the Pontiac Daily
Press, a newspaper published and circulating in said city, at
least 20 days before the 12th day of July, 1920.
Section 2. If adopted, this Charter shall take effect on
the 15th day of September, 1920. And it is expressly pro-
vided that all officers, boards and commissions, and appoint-
ive officers now existing shall continue their official duties,
and retain all their official powers and prerogatives until
twelve o'clock noon of the 8th day of November, 1920; and in
case of appointive officers, until their successors, to whom
their respective duties shall have been committed under
this Charter, shall have been selected and qualified, accord-
3
-544
ing to the provisions of said Charter, or until their appoint-
ment has been revoked or the office abolished by the actions
of the Commission, whereupon their respective duties,
powers, and compensation shall cease and terminate.
Section 3. It shall be the duty of the Commission of the
City of Pontiac, in office when this Charter takes effect, to
comply with all the requirements of said Charter relating to
primary elections and elections, to the end, that all things
may be done necessary to the nomination and election of the
officers first to be elected under this Charter, which election
shall be held at the General November election to be held
November 2nd, 1920.
By Commissioner Moore:
Resolved, that the Charter Commission of the City of
Pontiac, Michigan, does hereby adopt the foregoing pro-
posed City Charter and the Clerk is hereby instructed to
transmit the same to the Governor of the State of Michigan,
in accordance with the provisions of the statute, for his ap-
proval.
The above resolution was presented at a meeting of the
Charter Commission held at the City Hall on Monday, the
29th day of March, 1920, and was seconded by Commissioner
Cram.
The vote on the adoption of the resolution was as fol-
lows:
Ayes: Commissioners Cambrey, Groesbeck, Lynch,
Moore, Cram, Ferguson, Tinsman, Marcero, Merz.
Nays: None.
CLIFFORD W. HAM,
City Clerk and Clerk of the
Pontiac Charter Commission.
!
Countersigned by the following Commissioners:
LEMAN A. CAMBREY, Chairman.
CHARLES L. GROESBECK,
JAMES H. LYNCH,
ANDREW L. MOORE,
GEORGE A. CRAM,
ROBERT Y. FERGUSON,
EDGAR H. TINSMAN,
JOSEPH L. MARCERO,
CHARLES J. MERZ.
I do hereby approve the foregoing provisions of the re-
vised Charter for the City of Pontiac, Michigan.
Dated, Lansing, Michigan, April 1st, A. D. 1920.
ALBERT E. SLEEPER,
Governor, State of Michigan.
-55—
INDEX
.
.
A
Chapter Section
Administrative functions, divide into six departments.. III
13
Appointive officers, duties of..
III
42
Auditor, duties of....
IX
3
Auditor, to examine all payrolls and bills.
IX
3
Auditor, may examine witnesses.
IX
3
All moneys collected shall be paid into city treasury.
4
Annual budget, when prepared.
7
Annual appropriationi bill not to exceed 2% of as-
sessed value.
IX
13
Assessment of taxes,
XI
Assessment, ad valorem, cash value.
XI
2
.
.
.
.
.
.
.
.
B
I
1
.
+
.
.
.
.
.
.
.
III
III
III
IV
IV
IV
IV
IV
IV
V
V
V
VII
VII
IX
IX
IX
48
48
50
7
8
9
13
13
13
13
13
14
1
8
3
4
7 a,b,c,d
.
0
0
.
7 с
Boundaries....
Bonds, to be approved by the Commission and filed by
the Clerk, except.
Bond of the City Clerk to be filed with City Treasurer.
Bonds, to be Surety Company bonds.
Ballot, names on, how arranged..
Ballot, how printed..
Ballot, primary, form of..
Ballot, general election, form of
Balloi, no emblem on.
Ballot, how printed..
Ballot, for recall election, what to be printed on
Ballot, on recall, only 200 words on.
Ballot, on recall, form of..
Blank forms, no blank forins provided in certain cases.
Ballot, form of, on submission of ordinance.
Bills, if fraudulent, not to be paid.
Banking institutions, depository to furnish security
Budget, what to contain...
Budget, to contain inventory of all property owned by
the city...
Budget, to be printed and distributed.
Budget, public hearing shall be given by the Commis-
sion before action...
Budget, when to be passed by the Commission.
Budget, may be amended, when.
Budget, to be certified by the Board of Assessors.
Budget, shall be levied by the Board of Assessors.
Budget, not to exceed 2% of assessed value.
Bonds,
Bonds, limit bonded indebtedness, 8%..
Bonds, school bonds, etc., not included in limitations...
Bonds, may be issued for what purpose.
Bonds, shall be issued by ordinance, submit to vote.
Bonds, ordinance, how passed and published.
Bonds, ordinance for not to be passed on day intro-
duced....
Bond, ordinance for passed by a three-fifths vote.
Bonds, rate of interest.
Bonds, may be issued against special assessment.
Bonds, may be issued, for emergencies.
Board of Assessors, appointment and duties.
IX
IX
7
.
.
IX
IX
IX
IX
IX
IX
X
X
X
7
8
8
11
11
13
.
XXX
1
1
2
3
3
XXXXX
.
.
3
3
4
5
6
1
.
.
XI
•
تن تن تن به هر هر هر
.
.
.
Chapter Section
Board of Review, who shall be, and duties.
XI
3
Board of Review, quorum.
XI
3
Board of Review, duties, etc..
XI
3
Board of Review, to review assessment.
XI
3
Board of Review, shall meet first Monday in May.
XI
Board of Review, Clerk to give notice of meeting-
XI
Board of Review, to elect chairma.l..
XI
Board of Review, may examine all of the persons
touching assessment..
XI
4
Board of Review, to keep record of proceedings
XI
4
Board of Review, majority to govern.
XI
4
Board of Review, Clerk to sign statement..
XI
4
Board of Review, form of certificate of Clerk.
XI
4
Board of Review, assessment roll to be returned to
Board of Assessors.
XI
4
Board of Assessors, to deliver certified copy of roll to
Treasurer.
XI
5
Board of Assessors, to keep assessment roll, when.
XI
Board of Assessors., November 1, to levy State and Coun-
ty taxes.
XI
10
Board of Assessors, to deliver assessment roll to Treas-
urer, when.
XI.
11
Board of Assessors, to keep corrected record of changes
of ownership of real property...
XI
17
Board of Assessors, to make special assessment roll XII
6
Board of Assessors, to attach certificate to roll..
XII
7
Board of Assessors, form of certificate on special as-
sessment roll...
XII
7
Board of Assessors, to make assessments.
XII
9
Board of Assessors, to make special assessments.
XII
10
Board of Assessors, to confirm special assessments.. XII
12
Bids, three days advertisement for to be given and pub-
lished.
XV
3
to em
1
.
C.
II
II
II
II
II
1
1
1
1
1
.
.
II
II
II
II
1
1
1
1
.
City may acquire property by purchase, gift, devise or
condemnation..
City may acquire property by lease.
City may acquire and regulate public utilities.
City may regulate and control food supplies.
City may own and control markets.:
City may regulate and control storing and disposing
of explosives...
City may care for and furnish relief to the poor.
City may care for juvenile offenders.
City may adopt a city plan..
City may provide a plan of streets and alleys for a dis-
tance of three miles beyond the city limits..
City may exclude business from certain districts.
City may establish building line of houses..
City may establish the width and depth of lots.
City may enact a building and house code...
City may regulate the planting and setting of trees,
shrubs and flowers..
City may provide for taking a census.
City may assess, levy and collect taxes.
City may issue bonds and notes...
City may contract and maintain public works.
City may levy and collect special assessments.
City may prohibit and suppress nuisances.
.
II
II
II
II
II
1
1
1
1
1
.
II
II
II
II
II
II
II
1
1
1
1
1
1
1
0
0
.
.
.
.
Chapter Section
City may regulate the construction and height of all
buildings...
II
1
City may regulate or prohibit billboards.
II
1
City may regulate and control weights and measures. II
1
City may regulate and license peddling of goods.
II
1
City may regulate and license cab drivers, draymen,
teamsters, jitneys, etc....
II
1
City may regulate and control hotels, rooming and
boarding houses, restaurants, etc...
II
1
City may regulate location of telegraph, telephone, elec-
tric light poles..
II
1
City may construct and regulate fountains.
II.
1
City may license dogs and other animals..
II
1
City may regulate and control streets, alleys and busi-
ness places.
II
1
City may not abolish the City Manager.
II
1
City may provide for the election of and the appoint-
ment of officers and employees...
II
1
City may make and impose local police and sanitary
regulations..
II
1
City may provide for the issuance of bonds for the first
cost of installation and connection of sewers and
water works and to provide a lien on the property.. II
1
City may license street cars, telephones, gas and elec-
tric meters and poles and wires...
II
1
City may provide for the approval of plats.
II
1
City may do all things necessary to supply water, sew-
age and sanitation.
II
1
City may regulate the disposition of garbage, ashes,
dead animals, etc....
II
1
City may pass ordinances, maintain and promote the
best general welfare of the city...
II
1
City may build and acquire city hospitals and manage
same.
II
1
City may exercise all powers which now or hereafter
it would be competent for this charter to enumerate, II
1
City may change the location and grade of all street
crossings of any railroad track...
II
1
City may require and compel railroads to keep flag-
mn and watchmen at railroad crossings..
II
2
City may regulate the speed of all locomotives and
railroad trains...
II
2
City may regulate obstructing of crossings by trains,
etc..
II
2
City may create a municipal court.
II
3
City may exercise all powers possessed by it beyond
the boundaries of the city as far as the state law
will permit.
II
4
City to be possessed of all property belonging to it as
formally incorporated...
II
5
City debts to remain as such until paid.
II
5
City Commission shall consist of seven citizens.
III
1
Commission-Manager, plan adopted.
III
Commission shall constitute the legislative and govern-
ing body..
III
2
Commission will have power to pass ordinances and
resolutions.
III
2
Commission, members to be elected on a non-partisan
ticket..
III
3
Commissioners shall be subject to recall.
III
3
.
.
.
.
.
.
.
.
.
.
+
+
.
.
.
.
2
1
.
5 5
.
.
с сл слот
5
.
.
0
Chapter Section
Commissioner, qualifications, age 30 years, a resident
of 2 years..
III
3
Commissioner, shall be elected to serve 3 years
III
4
Commissioner, term of office at first election.
III
4
Commission shall be judge of the election and qualifica-
tion of its own members.
III
4
Commission to meet on the first Monday following the
election, at 7:30.
III
5
Commission, the Clerk shall preside at the first meet-
ing.....
III
Commission, after first meeting, shall meet at such
times as determined by ordinance or resolution, ex-
cept it shall meet regularly not less than once a
week..
III
5
Commission, special meetings, how called.
III
5
Commission, meetings to be public.
III
Commission, citizens will have access to records.
III
Commission, to determine its own rules and order of
business, and keep a journal in English...
III
Commission, majority shall constitute a quorum.
III
6
Commission, shall act only by ordinance or resolution. III
6
Commission, shall elect by ballot one of its members as
Mayor...
III
7
Commission, shall elect by ballot another member as
Mayor pro tem..
III
7
Commissioner, salary of..
III
8
Commission, or any member thereof. shall not give any
order to any subordinate of the Manager.
III
8
Commissioner, absence for five meetings shall operate
to vacate the seat, when.
III
10
Commissioner, shall give bond.
III
11
Constable, when to be elected.
III
12
Commission, shall determine functions and duties of
each department....
III
16
Commission, shall appoint a City Manager.
III
17
Commission, shall appoint a City Clerk.
III
17
Commission, shall appoint Director of Law and Finance, III
17
City Clerk, appointed for indefinite period..
III
17
City Clerk, to be clerk of Commission, duties.
III
23
City Clerk, with Mayor, to sign all ordinances.
III
23
City Clerk, shall keep record signed by him and ap-
proved by the Mayor.
III
23
City Clerk, other duties.
III
23
City Attorney, who to be.
III
24
City Attorney, duties...
III
24
City Attorney., to render legal opinions..
III
25
Commission, may provide for the two-platoon system in
.the fire department.
III
30
Criminal complaints, when to be made.
III
32
Commission, shall.create office of Purchasing Agent,
etc....
III
36
Commission, may provide for the office of City Auditor. III
38
City Auditor, who to appoint.
III
38
Commission, shall designate two members of the Board
of Assessors, who, with the City Attorney, are rep-
resentatives on the Board of Supervisors.
III
39
Commission, to fix salary of Manager.
III
41
Commissioner, relatives of, not to be appointed to any
appointive offices..
III
43
City Clerk's bond to be filed with Treasurer
III
48
City Clerk, may receive registrations.
IV
1
.
.
.
.
.
+
.
.
+
.
.
0
.
.
0
+
0
.
.
.
.
.
.
1
•
.
.
A NOON
Chapter Section
Candidates, nomination...
IV
2
Commissioner, candidate to file statement of candidacy,
when..
IV
5
Constable, to file statement of candidacy, when.
IV
5
Candidate, to file petition..
IV
5
City Clerk, to publish names of candidates
IV
6
City Clerk, shall call primary election..
IV
6
City Clerk, to deliver ballots at each polling place.
IV
10
Challengers, inspectors to appoint..
IV
10
City Clerk, shall canvass return and publish results. IV
10
Canvass, how made.
IV
10
Commisioners, when to be placed on ballot.
IV
10
Constable, two highest to be placed on ballot.
IV
10
Commission, to convene and canvass votes.
IV
17
City Clerk, shall make certificates of election.
IV
17
Certificates of election, where filed.....
IV
17
Commission, in case of tie shall determine who elected. IV
18
Commissioners, who elected for longest term.
IV
18
Candidates not to treat any person...
IV
20
Campaign work, candidates not to pay anyone.
IV
21
Candidate, or anyone in his behalf, shall not hire con-
veyances...
IV
22
City Clerk, to deliver affidavit and petition for removal,
when...
V
2
Commission, may rescind order for recall election.
V
8
Commission, may pass ordinance by majority vote.
VI
2
Circuit Court, jurisdiction in ordinance cases.
VI
14
Clerk, to certify petitions on submission of ordinance.. VII
2
Commission, may pass ordinance subject to referendum, VII
2a
Commission, may call special election for submission of
ordinance...
VII
2b
Commission, may, by ordinance, regulate rules for sub-
mission, when..
VII
11
Commission, may prepare financial reports.
IX
2
Cost records, shall be kept...
IX
2
City money, shall be deposited in bank.
IX
4
Commission, to provide by ordinance for prompt and
regular payment and deposit of city money.
IX
4
Commission, shall divide revenues into funds.
IX
5
Commission, may have audit made at any time.
IX
6
Commission, may borrow money.
IX
8
Commission, to raise annually money necessary
IX
10
Certificate of indebtedness may be issued..
IX
15
Contract, none to be let until appropriation or special
assessment made....
IX
16
City Clerk to make statement on assessment'roll.
XI
4
Commission, may designate district....
XII
3
Commission, may direct Board of Assessors to make as-
sessments...
XII
5
Commission, to charge and regulate special assess-
ments..
XII
8
Commission, to maintain streets.
XIII
1
Commission, may open, widen or close streets..
XIII
1
Commission, shall appoint a time to hear objections to
vacate street...
XIII
2
Commission, to establish grade of streets and may
change grade of street and sidewalk.
XIII
3
Commission, by ordinance may provide for furnishing
water outside the city not to exceed one-fourth of
total consumption inside of city.
XIII
15
.
.
.
.
.
.
.
0
0
1
.
Chapter Section
Condemnation...
XIV
Condemnation, for streets and what other public pur-
poses..
XIV
1
Condemnation, may be had under the general laws of
the State..
XIV
2
Condemnation, Commission may direct City Attorney
to institute such suit.
XIV
3
Condemnation, may be had of property within and with-
out the city.
XIV
4
Contracts, shall be awarded to responsible bidders.
XV
3
Commission, may reject any and all bids..
XV
3
Commission, when not satisfied with bids may authorize
the doing of the work under the direction of Mana-
ger.
XV
3
Contract, to provide for reservation by the city of the
right if not satisfied to complete the work at ex-
pense of contractor.
XV
4
Contract, to reserve right to determine finality on
questions of performance.
XV
5
Contract, to reserve right to suspend work at any time, XV
5
Contract, when forfeited, Commission may complete or
re-let the work...
XV
5
City, to determine question arising under contract.
XV
5
Contract, changes not to be made only on written order
of Manager.
XV
6
Contract, no order for changes in shall be made unless
agreed to by contractor and the Manager..
XV
7
City Attorney, when bond given for work, before final
payment, to issue certificate of the work done in
compliance with specifications..
XV
8
Commission, to institute procerdings in case of default
in complying with construction or maintenance spe-
cifications.
XV
10
Commission or Manager not to be interested in any
contracts with city...
XV
12
Commission, hearings before it, may subpoena witnesses,
books and papers..
XV
13
City Attorney, to prepare form of subpoena.
XV
13
Commission, to provide by ordinance for punishment for
person having been subpoenaed who disobeys same, XV
13
Commission, shall by ordinance prescribe method for
procedure at hearings.
XV
13
Commission. may by ordinance provide for pensioning
persons injured by violence, accidents or exposure,
when...
XV
15
Commission, may provide for dependents of persons
killed, when.
XV
15
Commission, to provide for dependents killed who have
been in the employ of the city for 25 years.
XV
15
Commission, to prescribe by ordinanc? fire limits.
XV
16
City, not liable for damages unless claim made'in writ-
ing within 60 days after the injury...
XV
17
City, claim for damages to give rames of witnesses.. XV
17
Claim for damages, notice to include names of wit-
nesses...
XV
17
Claims, failure to give city notice within time limited to
exempt city from liability...
XV
17
Commission, has power to receive gifts within or with-
out the city in fee simple or in trust, when..
XV
19
.
0
.
.
.
.
.
.
Chapter Section
Commission, not to receive gift, free ticket, pass, reduced
rate of service, when..
XV
20
Commission, no member shall be eligible to an appoint-
ive office, when.
XV
20
Commission, may limit places where intoxicating li-
quors may be sold, etc., subject to general laws.... XV
22
Commission, may purchase grounds and buildings for
public uses beyond the city limits...
XV
23
Commission, when grounds and buildings acquired be-
yond the city limits, may pass and enforce ordi-
nances governing the same, in the same manner as
though the same were in the city limits..
XV
23
Charter, any portion declared void not to invalidate
remainder..
XY
28
Commission, first elected, successors to Mayor and
Commission...
XV
29
Commission, shall within three years adopt a city plan, XV
31
City plan, City Commission to adopt in three years..
XV
31
Commission, may appoint Boards to carry out provi-
sions of city plan....
XV
31
Charter, to be submitted July 12, 192).
XVI
1
Charter, to be published..
XVI
1
Charter, when to take effect..
XVI
2
Commission, present, to comply with all the require-
ments of charter relating to primary and general
elections..
XVI
3
Charter, approval by Governor. (Charter page 55)
Charter, adoption by Commission....(Charter page 55)
D
13
14
III
III
III
III
.
III
15
III
17
.
.
III
III
III
III
24
26
27
28
.
.
.
III
29
Departments, six...
Director, to be appointed.
Director, responsible to City Manager.
Director of finance and of law, duties.
Director of every department except law and finance,
subject to control of Manager..
Director of law and finance, appointed for indefinite
period and how removed.,
Director of the department of law, to be an attorney at
law.
Director of finance, duties.
Director of finance, to appoint City Treasurer
Director of public works and service, duties.
Director of public welfare, shall have supervision and
management of certain institutions.
Director of public welfare, shall have supervision of
recreation parks, play grounds, etc..
Director of public safety, duties..
Director of public safety, powers, etc.
Damages, none when building destroyed by fire depart-
ment.
Director of public safety, may be given certain powers
and duties..
Director of public health, qualifications, authority and
duties...
Director of finance, shall act as city auditor until other-
wise provided.
Director of finance and director of law and the Clerk
shall fix certain salaries, subject to the approval of
Commission..
.
III
III
III
29
30
32
.
III
33
.
III
34
.
III
35
III
38
.
III
41
.
'
NN
Chapter Section
Department of finance, uniform system of accounts.
IX
2
Director of finance, forms for accounts prescribed.
IX
2
Dust, may be kept down and assessments made...
XIII
5
Drains and water courses, expense of, may be defrayed
by special assessment.
XIII
10
E
III
9
49
.
1
.
.
.
.
.
.
.
.
.
.
Elective office, appointee, will hold office until next
regular municipal election...
Elective officers not to hold any other office until one
year after his term of office expires.
Election, nomination and registration.
Election inspectors, to count ballots.
Elections, when held.
Electors, who are...
Electors, where to vote.
Electors, residents of where, deemed.
Election inspectors and clerks, duties of.
Elective officers to publish statement of expenses.
Elections, how conducted..
Elective officers shall qualify in ten days..
Electioneering prohibited.
Elective officer, any may be recalled..
Elector may file affidavit to a grounds of removal
Election inspectors, when to be appointed..
Election for removal of officer, when to be held
Election, on recall, votes at, form of ballot.
Elective office, effect of failure to qualify.
Election, general municipal election to be held Novem-
ber 2, 1920..
III
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
V
V
IV
V
V
XV
.
.
.
0
WWWWWWWVVVVV
10
11
12
12
12
14
24
16
17
21
1
2
26
7
9
30
.
.
XVI
3
F
III
III
30
III
33
VII
4b
12
VII
VIII
VIII
1
.
.
VIII
VIII
2
2
.
Form of government.
Fire department, two-platoon system may be provided..
Fire department, may cause any building to be destroy-
ed, when...
Franchise, none to be construed in emergency ordi-
nance.
Franchise, none to be submitted unless expense of elec-
tion paid by grantee..
Franchise.
Franchise, none longer than thirty years.
Franchise, before submitted to electors, must be ac-
cepted by grantee.
Franchise, when void.
Franchise, none granted by Commission unless revoc-
able at will..
Franchise, must be passed by majority vote
Franchise, none exclusive given.
Franchise, not to be assigned, when.
Franchise, assignment, provisions for, in ordinance.
Franchise, no changes in except, how...
Franchise, Commission may make regulations.
Franchise, Commission may require adequate exten-
sions of service..
Franchise, for railroad, rental therefor.
Franchise, matter included in..
Franchise, forfeiture clauses.
Franchise, compensation for.
VIII
VIII
VIII
VIII
VIII
VIII
VIII
3
3
4
5
5
6
7
.
.
.
VIII
VIII
VIII
VIII
VIII
7
8
10
10
12
.
.
.
.
.
.
Chapter Section
Franchise, compensation not in lieu of taxation.
VIII
12
Franchise, governed by what law...
VIII
13
Franchise, shall be made by ordinance.
VIII
14
Franchises, city may purchase or condemn.,
VIII
16
Franchises, city may issue bonds to pay for.
VIII
16
Fiscal year to commence January 1.
IX
1
Financial reports shall be prepared for each quarter
and each year.
IX
2
Financial record shall be kept.
IX
2
Fees of officers, shall belong to the city.
IX
4
Fire limits, construction of buldings therein.
xy
16
Fire limits, Commission may prohibit location of shops,
factories, business, lumber yards, etc., within, when, XV
16
.
区区​区
​.
0
.
G
.
.
.
General powers..
General finance.
II
IX
I
Inspectors of election, duties..
Inspectors of Election, duties of.
Initiative and referendum.
IV
IV
VII
4
15
J
III
III
11
12
Justice of the Peace, to approve bond of Commissioner,
Justice of the Peace, how and when elected..
Justice of the Peace, to file statement of candidacy,
when.
Justice of the Peace, names to be placed on ballot.
Justice Court, jurisdiction in ordinance cases.
5
WWW
10
14
L
License, none longer than one year.
Lease, compensation for...
Liabilities, none to be incurred except, when.
Loans, temporary, notice of must be published ten days,
Lots, may be connected with drains and sewers.
VIII
VIII
IX
IX
XIII
1
12
8
15
M
III
7
III
17
III
18
III
III
18
19
.
Mayor shall receive compensation only as Mayor.
Manager, appointed for an indefinite period, how re-
moved...
Manager, shall be chief administrative officer of the
city..
Manager, shall be chosen, what qualifications, where to
reside.
Manager, what appointments to make.
Manager, to be present at all meetings of the Commis-
sion.
Manager, to have no vote.
Manager, compensation.
Manager, how removed.
Manager, after serving one year may be removed only
on the affirmative vote of five members.
Manager's assistant, to be appointed by the Commission,
duties, etc...
Manager, to appoint Purchasing Agent..
O
.
III
III
III
III
20
20
21
21
III
21
III
III
22
36
.
.
Chapter Section
Manager, to fix salary of heads of departments and em-
ployees, when...
III
41
Mauager, to fix salary of the heads of departments and
employees, except departments of finance and law
and the City Clerk...
III
41
Manager, relatives of not to be appointed.
III
43
Misdemeanor, what is..
IV
22
Manager, shall supervise public utilities..
VIII
9
Manager, may institute proceedings to prosecute pub-
lic utility companies, when....
VIII
9
Manager, to prepare financial reports.
IX
2
Manager, provide annual audit of accounts.
IX
6
Manager, may have audit made at any time.
IX
6
Manager, to prepare budget...
IX
7
Money may be borrowed, when..
IX
15
Manager, annually, during life of maintenance bonds,
to report to the Coinmission defects in work and
repair necessary.
XV
9
N
!
.
.
.
Name and boundary.
Nominating petition, form of...
Nomination of candidates.
No persoin shall have any consideration for services
formed for candidatės.,
I
IV
IV
5
2
.
O
IV
19
0
III
III
III
44
45
.
.
46
.
III
IV
IV
IV
V
V
47
18
18
24
7
10
V
12
12
Officers and employees of the City, fixed by Commission
in certain cases.
Officers, to take constitutional oath.
Officers or employees, may be required to give bond...
Officers or employees, required to give bond, shall not
enter upon their duties until such bond is filed and
approved..
Officers elected, when deemed elected.
Officers, in case of tie, who shall decide..
Officers elected to publish statement of election expenses,
Officer, sought to be removed, may resign.
Officer to perform duties until recall election..
Officer recalled, shall not be appointed to any office in
two years..
Officer resigning during a recall, proceedings, shall not.
be appointed to office, when...
Ordinances.
Ordinances, enacting clause.
Ordinances, caption may be omitted in certain cases.
Ordinances, passed by majority vote.
Ordinances, when to take effect shall be prescribed
therein...
Ordinances, not to go in effect in less than ten days.
Ordinances, immediate effect in case of emergency.
Ordinances, not to be passed on the day introduced ex-
cept in emergency cases.
Ordinance, emergency defined.
Ordinance, Mayor and Clerk to sign same, when
Ordinances, to be published..
Ordinances, Clerk to certify. date of publication.
Ordinances, certificate of Clerk prima facie evidence of
puhlication..
V
VI
VI
VI
VI
1
1
2
VI
VI
VI
3
3
3
.
.
VI
VI
VI
VI
VI
3
3
4
5
5
.
5
.
.
0
0
10
.
.
.
+
.
.
0
.
Chapter Section
Ordinance, shall be recorded...
VI
6
Ordinance, shall be authenticated by Mayor and Clerk.. VI
6
Ordinances, when to be authenticated...
VI
6
Ordinance, failure to authenticate or record not to in-
validate same. ...
VI
6
Ordinance, no repealing ordinance shall be revived un-
less re-enacted.
VI
7
Ordinance, section amended, whole section to be re-
enacted.....
VI
7
Ordinance, prosecutions, when to be commenced.
VI
8
Ordinance, exception to limitations...
VI
8
Ordinance, prosecutions, how commenced.
VI
9
Ordinance, process in prosecutions, how issued.
VI
9
Ordinance, prosecutions, process directed to police offi-
cer of city or county,
VI
Ordinance, how pleaded..
VI
11
Ordinance, judicial notice to be taken of.
VI
12
Ordinance, how proved.
VI
13
Ordinance, prosecutions under, jurisdiction of court.
VI
14
Ordinances, all in force not inconsistent with this char-
ter to remain in force...
VI
15
Ordinance, may be sbmitted to the Commission by elec-
tors, how..
VII.
1
Ordinance, procedure on submission.
VII
1
Ordinance, submission on petition, how.
VII
2
Ordinance, petitions, when sufficient, Commission to
submit to vote, when.
VII
3
Ordinance, any may be submitted to vote of people... VII
4
Ordinance, when submitted, procedure for..
VII
4
Ordinance, any may be submitted to Commission to
vote..
VII
6
Ordinances, inconsistent, which shall prevail.
VII
6
Ordinance, when submitted to the electors must be pub-
lished, how.
VII
7
Ordinance, when submitted to vote, form of ballot.
VII
8
Ordinance, when submitted, when carried...
VII
8
Ordinances, when submitted, shall be 01 separate bal-
lots...
VII
9
Ordinance, when adopted by vote, can not be repealed
or amended except by vote..
VII
10
Ordinance, Commission may make regulations, when.. VII
11
Ordinance granting permit, must be accepted in writ-
ing, when...
VIII
2
Ordinance, bonding,
X
20
Officers of the city, not to receive any gift, etc., when.
XV
20
Officers and employees elected and appointed with ref-
ence to qualifications..
XV 21
Officers and employees elected or appointed without ref-
erence to their party affiliations.
XV
21
Officers, etc., now existing, shall continue their official
duties until November 8, 1920...
XVI
2
Officers, appointive, shall retain positions until succes-
sors appointed.
XVI
2
P
.
0
.
.
.
.
.
Plan of government.
Plan of government, Commission-Manager, form.
Police and fire department, what shall be.
Police department, powers, etc....
Police department, may arrest without process. when..
III
IUT
TTI
ITT
III
.
C
30
32
32
.
.
.
.
.
NN
1
0
HATA
0
23
HA HA HANNUT
.
Chapter Section
Process, civil and criminal, who may serve..
III
32
Purchasing Agent, duties, etc..
III
36
Purchasing Agent, who to be.
III
36
Purchasing Agent, shall act under direction of City
Manager..
III
36
Purchases, how made, none in excess of appropria-
tions.
III
37
Primary election, candidates to be nominated.
IV
Frimary election, none to be held in certain cases,
IV
Primary election, shall be held on the third Monday
preceding the general municipal election.
IV
3
Primary election, inspectors of election.
IV
4
Primary election, polls open when.
IV
4
Primary election, electors may vote at..
IV
10
Penalty for receiving money from candidates.
IV
19
Polls, when opened and closed...
IV
Precincts, when to be re-districted.
IV
25
Precincts, boundaries may be changed.
2
Petitions for removals...
2
Petitions for recall, shall be signed by electors.
V
4
Petition for recall, affidavit as to signature..
4
Petition and papers for recall fastened together.
Petitions for recall, Clerk to examine and attach certi-
ficate...
5
Petition for recall, additional names may be filed.
V
6
Petitions for recall, how may be filed.
V
6
Petitions for recall, to be submitted to the Commission,
When...
V
7
Prosecutions, practice in, what.
VI
9
Public utility companies, supervision of.
VIII
9
Permits, granted by Commission..
VIII
11
Public utilities, Commission may provide for inspec-
tions..
VIII
15
Public utilities, means for securing service.
VIII
15
Public utilities, city may issue bonds to pay for same.. VIII
16
Public utilities, city may buy and operate.
VIII
16
Public utilities, purchase must have the approval of a
three-fifths vote...
VIII
17
Payments by city, upon voucher only.
IX
3
Public Works, not to be commenced or contract made
until appropriation or special assessment made... IX
16
Public work or improvement to be paid from proceeds
oï appropriation only, or from proceeds of bonds.. IX
16
Public improvements, petition for..
XII
2
Pavement when laid by assessment, not to be re-as-
„sessed in case of change of grade..
XIII
Public work or improvement, costing more than $1,000,
shall be executed by contract....
XV
3
Public work, specific improvement may be authorized
by Commission..
XV
3
Public improvement, changes in made only on written
order of Manager.
XV
6
Public improvement, when bond required, before final
payment, Manager and City Attorney to make a
written report of work done in accordance with
specifications..
XV
8
Public improvement costing more than $1,000 not to be
contracted for until drawings and estimates have
been submitted for approval by Commission..
XV
11
.
.
0
Chapter Section
Process, service may be made on Mayor, Manager or
Clerk, when.
XV 18'
R
III
39
III
40
III
IV
IV
V
V
43
1
1
<<
3
Representatives on Board of Supervisors, who to be...
Representatives on the Board of Supervisors, rights,
powers and duties of..
Relatives by blood or marriage of Commissioner or
Manager disqualified from holding appointive office,
Registration, how conducted.....
Registration, Clerk to reecive in certain cases.
Recall...
Recall petitions, when returned to Clerk.
Recall petitions, none to be filed for three months after
election of officer.
Rates of fare, may be reviewed, when.
Rates for service, may be reviewed.
Revenues, shall be divided into funds.
Rebates, on water rates, not allowed..
Report of Manager and City Attorney on work under
contract, not to waive any right of the city to com-
plain of non-compliance..
s
+
V
VIII
VIII
IX
XIII
11
12
12
5
14
XV
8
III
III
IV
VIII
28
31
5
8
.
.
•
VIII
VIII
8
16
IX
IX
12
.
0
14
IX
XII
.
XII
1
Streets, sidewalks, bridges, sewers, etc., under supervi-
sion of director of public works and service.
State fire wardens, who to have power of.
Statement of candidacy, form of..
Street car company, other companies may use.
Street car companies, Commission may fix compensation
for use of tracks.
Street railways, city may condemn or purchase.
Special assessments, when to become a lien on the
property...
Special assessments, for what purpose made.
Special assessments, to be made according to frontage
or benefits....
Special assessments.
Special assessments, Commission may provide for pay-
ment of all or any part..
Special assessments, may be paid yearly, not exceeding
five years..
Special assessments, when petition for by Manager, the
improvement to be made..
Special assessments, estimates to be made.
Special assessments, objections to be heard.
Special assessments, may be made according to frontage,
Special assessment roll, notice of confirmation to be
given..
Special assessments, notice to be given, form of.
Special assessments, when confirmed, conclusive.
Special assessments, lien on property, when..
Special assessments, may be divided into installments..
Special assessments, shall bear interest...
Special assessments, payable upon confirmation of roll.
Special assessments, re-assessments may be made in
case of invalidity..
Special assessments, no decree to invalidate samo..
Special assessments, may be added to general tax roll..
XII
1
.
.
.
.
.
XII
XII
XII
XII
2
4
4
7
0
0
XII
XII
XII
XII
XII
XII
XII
11
11
13
14
15
15
16
XII
XII
XII
17
18
19
.
Chapter Section
Special assessments, may be collected from special as-
sessment roll..
XII
20
Special assessments, in case invalid to be certified to
Board of Assessors.
XII
23
Special assessment, amount may be collected by suit... XII
24
Special assessment roll, certified copy confirming same
prima facie evidence of regularity..
XII
24
Special assessment, if invalid Court may render judg-
ment for amount...
XII
25
Snow and ice to be removed by owner of property and
the amount added to the tax..
XII
26
Special assessments, to be used solely for the purpose
specified....
XII
27
Special assessments, surplus, if any, may be refunded.
XII
27
Streets and sidewalks, sewers and water supplies... XIII
Street opening, special assessment may be made for.. XIII
1
Street grade changed, record to be kept thereof..
XIII
3
Streets, improving or paving may be done by special
assessment.
XIII
5
Sidewalks, to be built and maintained by city.
XIII
6
Sewers, Commission to establish and construct..
XIII
7
Sewage disposal system, Commission may construct and
maintain the same.
XIII
7
Sewers, special assessments to be made same as other
special assessments.
XIII
8
Subpoena, who may serve.
XV
13
.
.
.
.
0
T
.
III
IV
4
20
1
17
Term of the elective offices, when to commence..
Treating prohibited...
Transportation utility, Commission shall establish a
system of civil service..
Taxes, shall be collected by department of finance.
Taxes, shall be levied by ordinance..
Temporary loans, not to be made except on approval of
five members of Commission..
W
VIII
IX
IX
4
9
.
•
.
IX
15
.
XIII
XIII
XIII
XIII
12
12
13
14
.
.
.
XV
XV
XV
Water supply, Commission improve water works..
Water rates, Commission may provide uniform.
Water rates, made lien upon the property.
Water, free, not allowed..
Wards, heretofore existing, are abolished, and city to
consist of one ward.
Witness, fee of...
Words, how construed.
Words, singular number, may include plural number
and vice versa.
Words, giving joint authority, construed as giving ma-
jority such authority..
Word “person”, applied to what.
Words, written, how construed.
1
13
24
.
.
.
.
XV
25
XV
XV
XV
26
27
27
UNIVERSITY OF MICHIGAN
BOUND
.:
FEB 12 1936
3 9015 07331 2434
UNIV. OF MICH
UBRARY
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