Charter City of Allegan Updated through 2007 PREAMBLE CHAPTER I. - NAME AND BOUNDARIES CHAPTER II. - GENERAL MUNICIPAL POWERS CHAPTER III. - ENUMERATION POWERS CHAPTER IV. - ELECTIONS CHAPTER V. - ELECTIVE OFFICERS OF THE CITY CHAPTER VI. - LEGISLATION CHAPTER VII. - INITIATIVE AND REFERENDUM CHAPTER VIII. - ADMINISTRATIVE OFFICERS CHAPTER IX. - GENERAL FINANCE CHAPTER X. - TAXATION CHAPTER XI. - SPECIAL ASSESSMENT CHAPTER XII. - BORROWING AUTHORITY CHAPTER XIII. - FRANCHISES-CONTRACTS-PERMITS CHAPTER XIV. - UTILITIES CHAPTER XV. - MUNICIPAL RIGHTS AND LIABILITIES CHAPTER XVI. - GENERAL PROVISIONS AND DEFINITIONS CHAPTER XVII. - SCHEDULE CHARTER COMPARATIVE TABLE 2 PREAMBLE We the people of the City of Allegan, State of Michigan, pursuant to authority granted by the constitution and laws of the State of Michigan, in order to promote our common welfare, to encourage more direct and efficient methods in the transaction of our municipal affairs, and to commemorate our City's Sesquicentennial, do hereby ordain and establish this charter. 3 CHAPTER I. - NAME AND BOUNDARIES Section 1.1. - Incorporation Section 1.2. - Wards Section 1.1. - Incorporation The body corporate of the City of Allegan shall include all territory constituting the City of Allegan on the effective date of this charter, together with all territories that may be annexed thereto and less any detachments therefrom that may be made in a manner prescribed by law. Section 1.2. - Wards The City shall consist of and constitute one single ward CHAPTER II. - GENERAL MUNICIPAL POWERS Section 2.1. - General powers Section 2.2. - Intergovernmental cooperation Section 2.3. - Exercise of powers Section 2.1. - General powers The City of Allegan and its officers shall be vested with any and all powers and immunities, expressed and 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 Laws of the State of Michigan, including all the powers and immunities which are granted to cities and officers of cities as fully and completely as though those powers and immunities were specifically enumerated in and provided for in this charter. In no case shall any enumeration of particular powers or immunities in this charter be held to be exclusive. Section 2.2. - Intergovernmental cooperation The City may join with any municipal corporation or with any other unit or agency of government, whether local, state, or federal, or with any number or combination thereof, by contract or otherwise, as may be permitted by law, in the ownership, operation, or performance, jointly or by one or more on behalf of all, of any property, facility or service which each would have the power to own, operate, or perform separately. Section 2.3. - Exercise of powers Where no procedure is set forth in this charter for the exercise of any power granted to or possessed by the city and its officers, resort may be had to any procedure set forth in any statute of the State of Michigan which was passed for the government of cities, or in any other statute of the State of Michigan. If alternate procedures are to be found in different statutes, then the council shall select that procedure which it deems to be most expeditious and to the best advantage of the city and its inhabitants 4 Where no procedure for the exercise of any power of the city is set forth, either in this charter or in any statute of the State of Michigan, the council shall prescribe by ordinance a reasonable procedure for the exercise thereof. CHAPTER III. - ENUMERATION POWERS Section 3.1. - Public safety Section 3.2. - Streets and public ways Section 3.3. - Water courses Section 3.4. - Public works Section 3.5. - Public parks, cemeteries, and public places Section 3.6. - Health Section 3.1. - Public safety The City shall be vested with any and all powers for the public safety, expressed and implied, which cities and their officers are, or hereafter may be, permitted to exercise, which powers shall include, but not be limited to, police powers, the enactment and enforcement of zoning ordinances, and the enactment and enforcement of ordinances for fire prevention, including establishing and maintaining fire and police departments which may be combined into a public safety department. Section 3.2. - Streets and public ways The City shall be vested with any and all powers, expressed or implied, which cities and their officers are, or hereafter may be, permitted to exercise for the control and regulation of public ways, streets, alleys, bridges, sidewalks, and the area above and beneath them. Section 3.3. - Water courses The City shall be vested with any and all powers, expressed or implied, which cities and their officers are, or hereafter may be, permitted to exercise for the control and regulation of all rivers, streams, waters, and water courses within the city limits. Section 3.4. - Public works The City shall be vested with any and all powers, expressed or implied, which cities and their officers are, or hereafter may be, permitted to exercise to acquire by purchase, gift, condemnation, lease, construction, or otherwise own, establish, maintain, operate, and administer, either within or without its corporate limits, public works of all kinds, public buildings of all kinds, and all works which involve the public health or safety; and may provide for the cost and expenses thereof. Section 3.5. - Public parks, cemeteries, and public places 5 (a) The City shall be vested with any and all powers, expressed or implied, which cities and their officers are, or hereafter may be, permitted to exercise to establish, maintain, and protect all parks, cemeteries, and public places (together with all improvements thereon) owned by the city either within or without its city limits. (b) All cemeteries and parks now owned or which may be acquired by the city, either within or without the city limits, shall be forever dedicated solely to cemetery or park purposes respectively, and all grants or dedications made for such purposes shall continue without change except in such manner as may be permitted by law. (c) All ordinances pertaining to the public health and welfare in the regulation of public cemeteries shall apply equally to all cemeteries within the city belonging to or under control of, any church, religious society, corporation, company, or association. Section 3.6. - Health The council shall have and exercise within and for the city all the powers, privileges and immunities conferred upon boards of health and may enact such ordinances as may be deemed necessary for the preservation and protection of the health of the city's inhabitants. CHAPTER IV. - ELECTIONS Section 4.1. - Qualifications of electors Section 4.2. - Election procedure Section 4.3. - Precincts Section 4.4. - Election commission Section 4.5. - Regular election Section 4.6. - Special election Section 4.7. - Conduct of elections Section 4.8. - Nominations procedure Section 4.9. - Approval of petitions Section 4.10. - Nominations to fill vacancy in elective office Section 4.11. - Form of ballot Section 4.12. - Canvass of votes Section 4.13. - Tie vote Section 4.14. - Recount Section 4.15. - Recall Section 4.1. - Qualifications of electors The residents of the city having the qualifications of electors in the State of Michigan shall be eligible to vote in the city. Section 4.2. - Election procedure The general election laws shall apply to and control all procedures relating to city elections, including qualifications of electors, establishment of precincts, verification of petitions, registration of voters, and voting hours. The clerk shall give public notice of each city 6 election in the same manner as is required by law for the giving of public notice of general elections in the state. Section 4.3. - Precincts The election precincts of the city shall remain as they existed on the effective date of this charter unless altered by the city election commission in accordance with statutes. Section 4.4. - Election commission An election commission is hereby created, consisting of the clerk and one other appointive city officer whom the council shall designate, and one other qualified registered elector whom the council shall designate, and such appointed persons shall serve at the pleasure of the council. The clerk shall be chairperson. The commission shall have charge of all activities and duties required of it by state law and this charter relating to the conduct of elections in the city. The compensation of election personnel shall be determined in advance by the election commission, in accordance with the city budget. Section 4.5. - Regular election A nonpartisan regular city election shall be held on the first Monday in April each odd numbered year for the election of city officers. Section 4.6. - Special election Special city elections shall be held when called by resolution of the City Council at least sixty (60) days in advance of such election, or when required by law. Any resolution calling a special city election shall set forth the purpose of such election. Section 4.7. - Conduct of elections Except as otherwise provided by this charter, the provisions of the general election laws of the State of Michigan shall apply to elections held under this charter. Section 4.8. - Nominations procedure The candidates for elective office shall be nominated by petitions, the blanks for which shall be furnished by the clerk. The candidate may use his or her own petition blanks, providing they conform substantially with state statutes. Each such petition shall be signed by not less than fifty (50) nor more than seventy-five (75) registered electors of the city. Nominating petitions shall be filed at the clerk's office by 4:00 p.m. on the third Monday in February prior to the date of the regular city election.