The City shall have all expressed and implied powers possible
for a city to have under the Constitution and laws of Michigan, now
existing or which may hereafter be required or permitted, as fully
and completely as though they were specifically enumerated in this
Charter. All rights and powers, not inconsistent with the provisions
of this Charter, existing at the time of its adoption shall continue.
The powers of the City under this Charter shall be construed liberally
in favor of the City, and the specific mention of particular powers
in the Charter shall not be construed as limiting in any way the general
power granted in this article.
The corporate boundaries of the City of Port Huron shall be
those as established on the date this Charter takes effect, provided
that the City shall have the power to change its boundaries in the
manner provided by law. The City Clerk shall maintain complete records
of the existing boundaries on the date this Charter takes effect and
each change thereafter.
The City of Port Huron shall consist of a single district.
This Charter may be amended at any time in the manner provided
by law. Should two (2) or more amendments adopted at the same election
have conflicting provisions, the amendment receiving the largest affirmative
vote shall prevail.
Except as otherwise specifically provided or indicated:
(a)
All words used in this Charter indicating the present time shall
not be limited to the time of the adoption of this Charter but shall
include the time of the happening of any event or requirement for
which provision is made in this Charter.
(b)
The word person may extend to and be applied to
units of government, corporate units and to partnerships, as well
as individuals.
(c)
Except in reference to signatures, the words written or in writing shall include printing, typewriting,
transmitted via email or other electronic form which can be readily
retrievable and printed.
(d)
The words printed and printing shall
include reproduction by printing, engraving, stencil, duplicating,
lithographing or any similar method.
(e)
The singular number shall include the plural and the plural number
shall include the singular.
(f)
The words law, state law, laws of the state or statute shall denote
applicable common law, the Constitution and the public acts of the
State of Michigan in effect at the time the provision of the Charter
containing any of these words is to be applied.
(g)
Whenever the date fixed by this Charter for the doing or completion
of any act falls on a Saturday, Sunday or holiday, such act shall
be done or completed on the next succeeding day which is not a Saturday,
Sunday or holiday.
(h)
In any case in which this Charter requires mailing of notices, the
affidavit of the officer or employee responsible for such mailing
that such notice was mailed shall be prima facie evidence of such
mailing.
(i)
A City officer is defined as a person elected or appointed to an
elective City office or City Council, the City Manager and administrative
officers. City officer does not include general City employees.
The chapter and section headings used in this Charter are for
convenience only and shall not be considered to be a part of this
Charter.
If any provision, section or portion thereof of this Charter
or the application thereof to any person or circumstance is found
by a court to be invalid, illegal or unconstitutional, such holding
shall not affect any remaining portion or application of the Charter
which can be given effect without the invalid portion or application
or the validity of this Charter as a whole. It is the intent of the
Charter Commission and of the electors who voted on this Charter that
any part or parts thereof of this Charter that are invalid, illegal
or unconstitutional shall not affect any other part thereof.
(a)
The provisions of this Charter are not intended and shall not waive
any immunity from tort liability provided by law.
(b)
Any liability of the City shall be as prescribed and limited by law.
(c)
Failure to provide notice as required by law shall bar any action
or proceeding for collection of any demand or claim against the City.
(a)
Notice of election, or appointment, of any City Council member shall
be made in writing by the City Clerk within forty-eight (48) hours
after the canvassing of the vote or appointment is made. If within
ten (10) days from the date of the notice such member shall not take,
subscribe to and file with the City Clerk an oath of office, such
neglect shall be deemed a refusal to serve and the office shall thereupon
be deemed vacant, unless the City Council shall extend the time in
which such member may qualify.
(b)
Every person elected or appointed as a City officer, or appointed
to any board, agency, institution, commission or authority, shall
take and subscribe to an oath of office as provided by law which shall
be filed and kept in the office of the City Clerk.
All business of the legislative body, and all public bodies,
shall be conducted at a public meeting held in compliance with the
Open Meetings Act, MCL § 15.261, et seq., or as otherwise
required by law.
All records of the municipality shall be made available to the
general public in compliance with the Freedom of Information Act,
MCL § 15.231, et seq., or as otherwise required by law.
Notices or proceedings requiring publication shall, unless otherwise
provided by law or this Charter, be published as determined by the
City Council. In the event publication is required by law in a newspaper
of general circulation, the City Council shall designate the official
newspaper.
Any person elected or appointed as a City officer shall be a
citizen of the United States.
A retirement system may be provided for employees of the City.
