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 2.  Municipal Powers

Section 2.1.  General powers.  

Unless otherwise provided or limited in this Charter, the City and its officers shall possess and be vested with any and all powers, privileges and immunities, expressed or implied, which cities and their officers are, or hereafter may be, permitted to exercise or to provide for in their charters under the Constitution and statutes of the State of Michigan, including all powers, privileges, and immunities which cities are, or may be, permitted to provide in their charters by Act 279 of the Public Acts of 1909 of the Sate of Michigan, as amended, as fully and completely as though these powers, privileges and immunities were specifically enumerated in and provided for in this charter, and in no case shall any enumeration of particular powers, privileges or immunities herein be held to be exclusive.  

The city and its officers shall have power to exercise all municipal powers in the management and control of municipal property and in the administration of the municipal government, whether such powers be expressly enumerated herein or not; to do any act to advance the interests of the City, the good government and prosperity of the municipality and its inhabitants, and through its regularly constituted authority, to pass and enforce all laws, ordinances and resolutions relating to its municipal concerns, subject to the constitution and general laws of the state and provisions of this charter.  

Section 2.2.  Further definition of powers.  

In addition to the powers possessed by the City under the constitution and statutes, and those set forth throughout this Charter, the City shall have power with respect to, and may, by ordinance and other lawful acts of its officers, provide for the following, subject to any specific limitations placed thereon by this charter:  

(1)  The power to assess taxes, to levy and collect rents, tolls, and excises in accordance with the state statutes and the provisions of this chapter except that an income tax can not be levied without receiving the approval of the electors of the City at a duly called election.  

(2)  The acquisition by purchase, gift, condemnation, lease, construction or in any manner permitted by statute, of private property of every type and nature for public use, which property may be located within or without the Counties of Washtenaw and Monroe, and which may be required for an incidental to the present or future exercise of the purposes, powers and duties of the City, either proprietary or otherwise.  

(3)  The maintenance, development, operation, leasing and disposal of City property subject to any restrictions placed thereon by Statute or this Charter.  

(4) The refunding of money advanced or paid on special assessments in accordance with Section 11.2(a).  

(5)  The acquiring, establishment, operation,  extension and maintenance of sewage disposal systems, sewers and plants either within or without t the corporate limits of such city, as a utility, including the right to acquire property necessary therefore by purchase, gift or condemnation, and including the fixing and collection of charges for service covering the cost of such service, the proceeds whereof shall be exclusively used for the purposes of said sewage disposal system, and which may include a return on the fair value of the property devoted to such service, excluding from such valuations such portions of the systems as may have been paid for by special assessment and which charge may be made a lien upon the property served and if not paid when due, to be collected in the same manner as other city taxes.  

(6)  The use, control and regulation of lakes, waters and streams within its boundaries, subject to any limitations imposed by law.  

(7)  The use, by other than the owner, of property located in streets, alleys, and public places, in the operation of a public utility, upon the payment of a reasonable compensation to the owners thereof.  

(8)  A plan of streets and alleys within and for a distance of not more than three miles beyond the municipal limits.  

(9)  The use, control, regulation, and improvement of the surface of such streets, alleys and public ways, and of the spaces above and beneath them.  

(10) The securing by condemnation, by agreement or purchase or by any other means, of an easement in property abutting or adjacent to any navigable body of water for the purpose of securing the privilege and right to construct, own and maintain along or adjacent to any navigable body of water an elevated structure of one or more levels for use as a vehicular or pedestrian passageway, or for any other municipal purpose, including a tunnel.  

(11)  The enlarging, extending, dredging, cleaning, repairing or otherwise improving streams, canals, and other waterways within its boundaries may be defrayed by special assessment upon the property in special districts specially benefited in proportion to the benefits derived or to be derived; the cost of service, plans and expenses incident to the proceedings for making such improvement shall be deemed to be a part of the cost of the improvement.  

(12) The acquiring, establishing, operation, extension and maintenance of facilities for the storage and parking of vehicles within its corporate limits including also the fixing and collection of charges for services and use thereof on a public utility basis, and for such purpose to acquire by gift, purchase, condemnation or otherwise, the land necessary therefore.  

(13)  Regulating and restricting the location of oil and gasoline stations.  

(14)  The acquiring, constructing, establishment, operation, extension and maintenance of facilities for the docking of watercraft, hydroplanes and seaplanes, within its corporate limits, including the fixing and collection of charges for use thereof, and for such purpose or purposes, to acquire by gift, purchase, condemnation, or otherwise, the land necessary therefor.  

(15) For regulating shipping, dockage, storage, warehousing and all other commercial and/or other industrial water front uses, and the regulating and restricting location of boat liveries and marinas.  

(16)  The establishing of districts, or zones  within which the use of land and structures, the height, the area, the size and location of buildings and required open spaces for light and ventilation of such buildings, and the density of population may be regulated by ordinance in accordance with statutory provisions governing zoning.  

(17) The regulating of trades, occupations and amusements within the City, non inconsistent with state and federal laws and for the prohibiting of such trades, occupations and amusements as are detrimental to the health, morals or welfare of its inhabitants.  

(18)  Licensing, regulating, restricting and limiting locations of advertising signs or displays and billboards within the City.  

(19)  The preventing of injury or annoyance to the inhabitants of the City from anything which is dangerous, offensive or unhealthful and for preventing and abating nuisances and punishing those occasioning them or neglecting or refusing, to abate, discontinue or remove the same.  

(20) The prescribing of the terms and conditions upon which licenses may be granted, suspended or revoked; requiring payment of reasonable sums for licenses; and requiring the furnishing of a bond to the City for the faithful observance of the conditions under which licenses are granted, and otherwise conditioning such licenses as the Council may prescribe.  

(21) The regulating of the operation of power driven craft on canals and waterways.  

(22)  The regulating of all airports located within its boundaries and for the purpose of promoting and preserving the public peace, safety and welfare, controlling and regulating the use of air above the City by aircraft of all types.  

(23)  The prohibiting or regulating of the use, occupancy, sanitation and parking of house trailers within the City, and the rights of the City to so regulate any house trailer shall not be abrogated because of any detachment thereof from its wheels or because of placing it on, or attaching it to, the ground by means of any temporary or permanent foundation, or in any manner whatsoever.  

(24) The requiring of an owner of real property within the City to maintain sidewalks abutting upon such property, and if the owner fails to comply with such requirements, or if the owner is unknown, to construct and maintain such sidewalks and assess the cost thereof against the abutting property in accordance with Section 11.1.  

(25) The requiring of an owner of real property within the city to abate public hazards and nuisances which are dangerous to the health or safety of the inhabitants of the City within a reasonable time after the Council notifies him that such hazards or nuisance exists and if the owner fails to comply with such requirements, or if the owner is unknown, to abate such hazards or nuisance and assess the cost thereof against such property in accordance with Section 11.1.  

(26) The compelling of owners of real property within the City to keep sidewalks abutting upon their property clear from snow, ice or other obstructions and if the owner fails to comply with such requirements, to remove such snow, ice or other obstructions and assess the cost thereof against the abutting property in accordance with Section 11.1.  

(27) Requiring the platting of all land or premises within the City hereafter subdivided, and requiring as a condition of approving plats of lands or premises hereafter laid out, divided or platted into streets and alleys within the city, that all streets shown and said plat be graded and graveled or otherwise improved, that all ditches, drains and culverts necessary to make such streets usable be constructed, that cement sidewalks be constructed in the proper places, all in accordance with city specifications and to adopt a subdivision ordinance containing reasonable regulations and restrictions.  The council may accept a bond conditioned upon the installation of such of the foregoing improvements as it requires within such time as it determines.  

(28)  The control over all trees, shrubs and plants in the public streets, highways, parks or other public places in the City, all dead and diseased trees on private property, and trees on private property overhanging the street, sidewalk or public places and the removal thereof, and assessing the cost thereof against the property in accordance with Section 11.1.  

(29) The borrowing of money in accordance with statute, on the credit of the city and issuing bonds therefor, for any purpose within the scope of its powers.  

(30)  The borrowing of money and issuing of bonds therefor in anticipation of the payment of special assessments, which bonds may be an obligation of the special assessment district or may be both an obligation of the special assessment district and a general obligation of the city.  

(31) The installation, improvement, and connection of sanitary and storm sewers and waterworks on and to property within the City; for assessing the cost thereof to the several properties and making the same a lien thereon; and for the borrowing of money and issuing bonds in anticipation of the collection of such special assessments.

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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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