17.1.
Damages; personal injuries, property; notice of claim required,
contents.
The
city shall not be liable for damages sustained by any person
either to his person or property be reason of the negligence of
the city, its officers or employees, nor by reason of any
defective condition of or obstruction in any public place,
unless such person shall serve or cause to be served upon the
clerk within sixty days after the injury resulting in such
damages shall have occurred a notice in writing, etc. etc.
***
17.2.
Estoppel; no defense against city.
No
estoppel may be created against the city.
17.3.
Records open to public inspection.
All
records of the city shall be public, and shall be kept in city
offices except when required for official reasons or for
purposes of safe keeping to be elsewhere, and shall be available
for inspection at all reasonable times.
17.4.
Notices; mailing, publication; requisites.
17.5.
Village rights, liabilities continued.
17.6.
Trusts; cy pres doctrine.
17.7.
Boards, commissions; filling vacancies.
Except
as otherwise provided in this charter, if a vacancy occurs in
the membership of any appointive board of commission, the
authority responsible for the appointment of the person whose
position has become vacant shall fill such vacancy by
appointment of a qualified person for the unexpired term of such
person.
17.8.
Definitions.
Except
as otherwise specifically provided or indicated
by the context:
(a)
All words used in this charter indicating the present tense
shall not be limited to the time of the adoption of this
charter, but shall extend to and include the time of the
happening of any event or requirement for which provision is
made herein.
(b)
The singular number shall include the plural, the plural number
shall include the singular and the masculine gender shall extend
to and include the feminine gender and the neuter.
(c)
The word “person” may extend and be applied to bodies,
political and corporate, and to partnerships as well as to
individuals.
(d)
The words “printer” and “printing” shall include
reproductions by printing, engraving, stencil duplicating,
lithographing or any similar method.
(e)
Except in reference to signatures, the words “written” and
“in writing” shall include printing and typewriting.
(f)
The word “village” shall mean the municipal corporation of
Milan
as it existed prior to the effective date of this charter,
including the period from and after its incorporation as a city
and until such effective date.
(g)
The word “officer” shall include the mayor, and other
members of the Council, clerk, treasurer, assessor, other
administrative officers, both elective and appointive members of
city boards and commissions created by or pursuant to this
charter, and the justices of the peace.
(h)
The word “statute” shall denote the public acts of
the State of
Michigan
in effect at the time the provision of the charter containing
the word “statute” is to be applied.
(i)
All references to specific public acts of the State of
Michigan
shall be to such acts as are in effect at the time the reference
to such act is to be applied.
(j)
The word “law” or “general laws of the state”
shall denote the constitution and the public acts of the State
of
Michigan
in effect at the time the provision of the charter containing
the words “law” or “general laws of the state” is to be
applied, and applicable common law.
(k)
The word “freeholder” shall include persons purchasing
property on land contract.
(l)
All references to section numbers shall refer to section numbers
of this charter.
Section
17.9. Acts required
on Sundays, legal holidays; performance, time.
Whenever
the date fixed by this charter for the doing or completion of
any act falls on a Sunday or legal holiday, such act shall be
done or completed on the next succeeding day which is not a
Sunday or legal holiday.
Section
17.10. Chapter,
section headings; not part of charter.
The
chapter, section and subsection headings used in this charter
are for convenience only, and shall not be considered part of
the charter.
Section
17.11. Process
against the city; corporate name; service
All
process against the city shall run against the city in the
corporate name thereof, and may be served by leaving a true copy
with the mayor or clerk.
Section
17.12. Boards,
commissions; “quorum” defined.
Except
as provided otherwise in this charter, a quorum of any board or
commission created by or pursuant to this charter shall be a
majority of the members of such board or commission in office at
the time, but not less than two members.
Section
17.13. Misconduct in
office; penalty.
Any
officer of the city found guilty by a court of competent
jurisdiction of any act declared by this charter to constitute
misconduct in office may be punished by a fine of not to exceed
five hundred dollars or imprisonment for not to exceed ninety
days or both, in the discretion of the court.
The punishment provided in this section shall be in
addition to that of having the office declared vacant as
provided in section 5.2.
Section
17.14. Amending
charter, procedure; state law; conflicting provisions,
determination.
This
charter may be amended at any time in the manner provided by
statute. Should two
or more amendments adopted at the same election have conflicting
provisions, the one receiving the largest affirmative vote shall
prevail as to those provisions.
Section
17.15. Severability
of provisions.
If
any provision, section, article or clause of this charter or the
application thereof to any person or circumstances shall be
found to be invalid by a court, such invalidity shall not affect
any remaining portion or application of the charter which can be
given effect without the invalid portion or application,
provided such remaining portions or applications are not
determined by the court to be inoperable, and to this end the
charter is declared to be severable.