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.