The purpose of this Chapter is to inaugurate the government
of the City under this Charter and to accomplish the transition from
the old to the new Charter and it shall constitute a part of this
Charter only to the extent and for the time required to accomplish
that end.
This revised Charter shall be submitted to a vote of qualified
electors of the City of Port Huron at the general election to be held
November 2, 2010. Notice of election shall be given as provided by
law and the vote shall be counted and canvassed and the results determined
as provided by law.
Prior to the submission of this revised Charter to the electors
of the City of Port Huron, the revised Charter shall be published
online and copies made available at the City Clerk's office.
A newsletter with an overview of the Charter will be sent to households
of all registered voters.
The form of the ballot for the submission of this Charter shall
be as shown below:
If the canvass of the votes on the adoption of the revised Charter
show it to have been approved, it shall take effect and become law
as the City Charter of the City of Port Huron, a Michigan City, on
January 1, 2011, at 12:01 a.m.
(a)
Officers. All officers, whether elected or appointed, holding office
under the previous Charter shall continue in office and in the performance
of their duties prescribed by this revised Charter until the termination
of the term for which they were elected or appointed, and until their
successors are elected and take the oath of office. After the effective
date of this Charter, appointments of any City officer or any board
or commission members shall be appointed in accordance with the provisions
of this Charter.
(b)
Ordinances.
(1)
All ordinances, by-laws, resolutions, rules and regulations
of the City of Port Huron in full force and effect on the effective
date of this Charter and which are not inconsistent with this Charter
shall continue in full force and effect unless and until repealed
or amended.
(2)
All zoning ordinances and regulations in effect on the effective
date of this charter shall remain in full force and effect unless
and until the City Council may lawfully adopt other zoning ordinances
or regulations.
(3)
Provisions of any ordinance in effect on the effective date
of this Charter which are inconsistent with this Charter are hereby
repealed.
(c)
Headlee override. Adoption of this Charter is not approval of a Headlee
override. This means that the millage authority of the City Council
shall not change because this Charter is adopted.
(d)
Rights, liabilities and remedies. All rights and properties of any
kind and description which were vested in the City on the effective
date of this Charter shall be deemed and held to be vested in the
City. No franchises or licenses granted or rights or liabilities,
either in favor of or against the City on the effective date of this
Charter, and no suit or prosecution of any kind shall be in any manner
affected by the adoption or taking effect of this Charter, but the
same shall stand or progress as if no such change had been made. All
debts and liabilities of the City under its previous Charter shall
be deemed to be debts and liabilities of the City under this Charter,
and all taxes, and special assessments levied and uncollected on the
effective date of this Charter shall be collected the same as if such
change had not been made; provided, that when a different remedy is
given in this Charter, which can be made applicable to any rights
existing on the effective date of this Charter, the same shall be
deemed cumulative to the remedies before provided, and may be used
accordingly.
(e)
Compensation. City Council compensation as provided in this Charter
shall begin on the effective date of this Charter.
(f)
Ordinances to be adopted. Within nine (9) months of the effective
date of this Charter, the City Council shall adopt or amend ordinances
as may be required by various provisions of this Charter.
At the first City general election under this Charter:
(1)
No primary election shall be held.
(2)
The Mayor shall be elected for a two (2) year term in accordance
with the provisions of this Charter.
(3)
In order to effectuate the staggering of terms, City Council members
shall be elected at-large as follows:
(i)
The three (3) candidates for City Council receiving the highest
number of votes shall be elected for a four (4) year term.
(ii)
The next three (3) candidates for City Council receiving the
next highest number of votes shall be elected for a two (2) year term.
(iii)
Thereafter, all candidates for City Council member shall be
elected at-large for four (4) year terms, except when filling an unexpired
term caused by a City Council vacancy.
STATE OF MICHIGAN
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COUNTY OF ST. CLAIR
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)
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SS.
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CITY OF PORT HURON
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I, SUSAN M. CHILD, City Clerk of the City of Port Huron, do
hereby certify that the foregoing document is a true copy of the Charter
of the City of Port Huron, which was approved on August 6, 2010, by
the Charter Commission, which Commission consisted of the following
persons:
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Laurie Sample-Wynn, Chairperson
Karl S. Tomion, Vice Chairperson
Karen S. Jamison
Melinda K. Johnson
B. Mark Neal
Patrick D. Parcell
Gregory T. Stremers
Jeffrey L. Wine
Pauline M. Repp (resigned 11/9/09)
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And, further, that the foregoing document was approved by the
voters of the City of Port Huron at a general election held on Tuesday,
November 2, 2010.
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/s/
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Susan M. Child, CMC
City Clerk
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