Martha A. Churchill Attorney at Law
108 E. Main St., Milan, MI 48160     Phone:  (734) 439-4055.  Fax: 439-4056

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 Milan, Michigan --  City Charter

Chapter 17.  Miscellaneous

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.

 

 

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Martha A. Churchill, Attorney
108 E. Main St., Milan, MI 48160
Phone:  (734) 439-4055.  Fax: 439-4056 Send e-mail

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