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Section 1.
Claims against village.
The council shall audit and allow all accounts chargeable against the
village but no unliquidated account, or claim, or contract shall be received
for audit or allowance unless it be accompanied by a certificate of an
officer of the village or an affidavit of the person or on behalf of the
firm rendering it, to the effect that he verily believes that the services
or property therein charged have been actually performed or delivered
to the village, and the sums charged therefor are reasonable and just,
and that, to the best of his knowledge and belief, no set-off exists,
nor payment has been made on account thereof, except as are included or
referred to in such account or claim. It shall be a sufficient bar and
answer to any action or proceeding in any court for the collection of
any demand or claim against said village that it has never been presented
to the council for audit or allowance or if on contract that it was presented
without said affidavit and rejected for that reason or that the action
or proceeding was brought before the council had a reasonable time to
investigate and pass upon it.
State law references: Liability for injuries, MCL 691.1401 et seq.
Section 2.
Action against village to be commenced within one year.
No action shall be brought against the village nor any of its boards,
commissions or officers for any negligent injury unless it be commenced
within one year from the time when the injury was received, nor unless
written notice be served upon the clerk or deputy clerk and upon the corporation
counsel within sixty days from the time of the happening of such injury,
which notice shall specify the location and nature of the defect claimed,
the injury sustained so far as known, and the names of the witnesses known
at the time by claimant.
Section 3.
Stock, etc.
The village shall not become the owner or holder of stock or shares in
any incorporated or unincorporated company.
Section 4.
Tax exemption and debts.
The village shall not adopt any scheme of exemption from municipal taxation;
nor shall it repudiate any debt by any change in its charter or by consolidation
with any other municipality, or otherwise.
Section 5.
Elective franchise; loan of credit, etc.
The village shall have no right to abridge the right of elective franchise;
to loan its credit; or to assess, levy or collect any tax or assessment
for other than a public village purpose.
Section 6.
Books and records public.
All books and records of the village shall be public and open to inspection
at all reasonable times.
State law references: Mandatory that Charter provide that all records
shall be public, MCL 78.23(j); freedom of information act, MCL 15.231
et seq.
Section 7.
Time.
When reference is made to time in this charter the same shall be construed
to mean Eastern Standard Time.
Section 8.
Present officers.
All the officers of the village, elected or appointed under the provisions
of the former charter and in office at the time this charter takes effect,
shall continue to exercise their respective functions under the provisions
of this charter for the full term for which they were so elected or appointed,
and until their successors shall have qualified and entered upon the duties
of their offices, unless herein otherwise provided for.
Section 9.
Succession.
After the adoption of this charter the village shall continue to be vested
with all the property, real and personal, moneys, contracts, rights, credits
and effects, and all the records, files, books and papers belonging to
the village at the time of the adoption hereof. No rights or liabilities
either in favor of or against the village existing at the time of the
adoption hereof and no suit or prosecution of any kind shall be in any
manner affected by such change, but the same shall stand or progress as
if no such change had been made, and all debts and liabilities of the
village shall continue to be its debts and liabilities and all fines and
penalties imposed and all taxes and assessments levied and uncollected
at the time of the adoption hereof shall be collected, and all licenses
issued by the village shall be and remain the same as if such change had
not been made; Provided, That when a different remedy is given by this
charter, which can be made applicable to any rights existing at the time
of the adoption thereof, the same shall be deemed cumulative to the remedies
before provided, and may be used accordingly.
Section 10.
Acts, resolutions, regulations and proceedings continued.
All ordinances, resolutions and other proceedings of the council not in
conflict with the provisions of this charter, and all acts, regulations
or other proceedings of the village or any board, commission or officer
thereof, not in conflict with the provisions of this charter, entered
into, done or adopted in accordance with law, are hereby continued in
full force and effect until altered, amended or repealed in accordance
with law.
Section 11.
Unconstitutional provisions.
Should any portion, section, subdivision or chapter of this charter be
declared void, illegal or unconstitutional, such declaration shall not
invalidate the remainder or any other portion, section, subdivision or
chapter of this charter.
Section 12.
System of accounts.
The council shall provide for the adoption of any system of accounts which
shall conform to any uniform system required by law.
State law references: Mandatory that Charter provide for a uniform system
of accounts, MCL 78.23(l); uniform budgeting and accounting act, MCL 141.421
et seq.
Section 13.
Adverse possession.
No title by adverse possession shall be acquired as against the village.
Section 14.
Plats approved by council.
No lands or premises shall hereafter be laid out, divided and platted
into lots, streets and alleys, within the village, except by the approval
of the council. No plat shall be approved unless it conforms to such general
plan as may be adopted by the council for the size of lots and the width
and location of streets and alleys, which plan, however, shall not conflict
with any such state or county plan. The council shall have authority to
impose reasonable terms and conditions upon the approval of any plat.
State law references: Adoption of planning plats, MCL 125.52.
Section 15.
Signature for public improvements.
Where a person is purchasing real estate on land contract he shall be
deemed to be the owner thereof for the purpose of signing any petition
for a public improvement.
Section 16.
Definition and construction.
Wherever used in this charter, the word "state" shall mean the
"State of Michigan;" the word "village" shall mean
the "Village of Grosse Pointe Shores"; the word "council"
shall mean the "village council"; the word "clerk"
shall mean the "village clerk" unless from the context the contrary
shall plainly appear; words referring to the several officers where not
preceded by the word "village" shall be deemed to mean the elective
officers of the village; the word "resolution" shall be deemed
to include official action in form of a motion as well as in form of resolution;
words of the singular number only, may extend to and embrace the plural
number and words of the plural number may be applied and limited to the
singular number; words imparting the masculine gender only may extend
to and be applied to the feminine gender; words purporting to give joint
authority to two or more public officers or other persons, either as a
board or otherwise, shall be construed as giving such authority to a majority
of such officers or other persons unless it shall be otherwise expressly
declared.
The word "person" may extend and be applied to bodies politic
and corporate as well as individuals.
The words "written" and "in writing" may be construed
to include printing, engraving, typewriting and lithographing, except
that this rule shall not apply to provisions requiring written signatures,
unless it be otherwise expressly herein provided.
The word "freeholder" is, for the purposes of this charter,
hereby defined to mean any person holding an inheritable interest in lands
situated in the village under a deed, either individually or jointly or
by the entireties or under land contract by which such person is purchasing
land situated in said village, either individually or jointly with another
or others by the entireties. Any person possessing the qualifications
of a freeholder as herein defined shall be deemed to be an owner of property
for purposes of complying with any provisions of this charter.
Section 17.
Amendments.
Amendments to this charter shall be initiated and submitted to the electors
of the village in the manner provided by the laws of the State.
State law references: Charter amendments, MCL 78.17.
Section 18.
Date of submission.
This revision of the charter of the Village shall be submitted to the
electors of the Village of Grosse Pointe Shores at an election to be held
on Tuesday, the 8th day of September, A.D. 1931.
Section 19.
Filing, publication and notice.
Prior to the submission of this revision of the charter to the electors
as aforesaid, this revision of the charter shall be filed with the Village
Clerk for a period of not less than ninety days and it shall be published
once in The Courier, a newspaper published in the County of Wayne and
circulated in the Village of Grosse Pointe Shores, not less than two weeks
nor more than four weeks preceding said election, together with a notice
of said election, which notice shall state that at said election the question
of adopting this revision of the charter will be voted on, and shall also
state the location of the polling place for such election and other matters
required by law. Notice of said election shall also be posted in at least
ten public places within the Village not less than two weeks prior to
said election.
Section 20.
Ballots.
The form of the ballot on the question of the adoption or rejection of
this revision of the charter shall be substantially as follows:
OFFICIAL
BALLOT
Election held in the Village of Grosse Pointe Shores, Michigan, on the
eighth day of September, 1931.
(Instructions: A cross (X) in the square after the word "Yes"
is in favor of the charter as revised, and a cross (X) in the square
after the word "No" is against the charter as revised.)
"Shall
the proposed revision of the charter for the Village of Grosse Pointe
Shores, drafted by the Charter Commission elected on the 26th day
of January, 1931, be adopted?"
YES ?
"Shall
the proposed revision of the Charter for the Village of Grosse Pointe
Shores, drafted by the Charter Commission elected on the 26th day
of January, 1931, be adopted?"
NO ?
Section 21.
Election.
Polls for said election shall be open at eight o'clock, A.M., Eastern
Standard Time, or as soon thereafter as may be, and shall be continued
open until eight o'clock P.M., Eastern Standard Time, of the same day.
Said election shall be conducted by such inspectors and clerks as shall
be hereafter designated by resolution of this Charter Commission. The
votes cast at said election shall be canvassed by a canvassing board of
three electors to be hereafter designated by resolution of this Charter
Commission.
Section 22.
How election conducted.
The clerk of this Charter Commission shall cause the ballots for said
election to be printed and delivered to the polling place before the opening
of the polls on said election day. The returns of the election board as
to the results of said election shall be made to the canvassing board
designated by this Charter Commission immediately after the counting of
the ballots is completed except as provided herein and in the general
laws of the State and except as may be otherwise provided by this Charter
Commission within the scope of its powers. Said election shall be conducted
as is provided in Chapter III of this charter so far as the provisions
of said Chapter are applicable.
Section 23.
Canvass of election.
The canvassing board appointed to canvass the votes cast at said election
to be held on the eighth day of September, 1931, shall, as soon as practicable
after said election, meet and canvass the votes cast at said election
and determine the result thereof.
Section 24.
Approved charter filed.
If this revision of the charter be approved at said election, then two
printed copies thereof with the vote for and against the same duly certified
by the village clerk shall, within thirty days after the vote is taken,
be filed with each the Secretary of State, the County Clerk for the County
of Wayne, and the County Clerk for the County of Macomb, and upon the
filing thereof this charter shall become effective.
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