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PART I
CHARTER*
Chapter I. Incorporation; Boundaries and General Powers
Section 1. Body politic, etc.; official name.
Section 2. General powers.
Section 3. Reserved.
Section 4. Four wards.
Section 5. Voting precincts, boundaries.
Chapter II. Elections
Section 1. Registration, elections; state law.
Section 2. Electors; qualifications; voting precincts.
Section 3. Election inspectors, appointment.
Section 4. Board of election commissioners.
Section 5. Nonpartisan primary required; exception; time.
Section 6. Nonpartisan regular election; time.
Section 7. Special election; resolution required, contents.
Section 8. Candidates; petitions; form, signatures.
Section 9. Nominating petitions; sufficiency, determination; candidates,
certification.
Section 10. Ballots; contents; candidates' names; special matters.
Section 11. Polls; hours open.
Section 12. Canvass of votes; board of election commissioner's duties.
Section 13. Tie vote; determination.
Section 14. Candidates; nomination, election; notice, time.
Section 15. Elections, time, place; notice required; state law.
Section 16. Ballots; form; party designation prohibited.
Section 17. Recount; state law.
Chapter III. City Officers
Section 1. Elective officers.
Section 2. Appointive officers enumerated.
Section 3. City commissioners; qualifications, term; holding additional
office, restriction.
Section 4. Representation in newly annexed area.
Section 5. Election; city officers; appointment, time.
Section 6. Appointive officers; tenure.
Section 7. Officers; qualifications, oath, bond.
Section 8. Officers oath, bond, regulations.
Section 9. Violation.
Section 10. Resignations, filling vacancies.
Section 11. Sales, purchases, contracts; financial interest prohibited, penalty.
Section 12. Mayor, city commissioners; compensation.
*Editor’s note—Printed herein is the City Charter, as adopted by the voters on October 16, 1919. It is derived from the
compilation of the original Charter and amendments prepared by Mr. A.J. Leutscher, City Clerk. Amendments to the Charter
are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the
provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic
purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are
indicated by brackets.
State law references—Home rule cities generally, MCL 117.1 et seq.; power to adopt and amend Charter, Mich. Const.
1963, art. VII, § 22.
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MUSKEGON CITY CODE
Chapter IV. City Commission
Section 1. General legislative powers.
Section 2. Administrative service; dealing with personnel, restrictions.
Section 3. City commission; organization, vice-mayor, meetings, order of
business, records.
Section 4. Quorum, adjournments, vote required.
Chapter V. Administrative Service
Section 1. Mayor; powers and duties.
Section 2. Administrative departments enumerated.
Section 3. Department heads enumerated.
Section 4. Administrative officers; responsibility.
Section 5. City departments; functions, ordinance required.
Section 6. City manager; authority; absence, disability.
Section 7. City manager; powers and duties.
Section 8. City clerk; powers and duties.
Section 9. City auditor; powers and duties.
Section 10. City attorney; powers and duties.
Section 11. City treasurer; powers and duties.
Section 12. City assessor powers and duties.
Section 13. Purchasing agent; appointment; powers and duties.
Section 14. Reserved.
Chapter VI. Public Health
Section 1. General powers.
Section 2. Board of health; composition.
Section 3. Board of health; powers and duties.
Section 4. Health officer; powers and duties.
Chapter VII. Ordinances
Section 1. City commission; powers.
Section 2. Ordinances; style; adoption, vote required.
Section 3. Same; effective date, publication.
Section 4. Initiatory petition; signatures required.
Section 5. Same; commission determination required.
Section 6. Same; amendment by commission; publication, protest.
Section 7. Electors; conflicting ordinances, adoption; determination.
Section 8. Ordinances, emergency, effective date, objections.
Section 9. Electors; ordinances, adoption; number unrestricted.
Section 10. Ordinances; repeal; submission to electors.
Section 11. Same; submission to electors, time.
Section 12. Same; adoption, electors; effective date.
Section 13. Ordinances; adoption, electors; repeal, restriction.
Section 14. Ordinances; submission to electors; publication required.
Section 15. Ordinance book, filing required.
Section 16. Charter, or ordinances; publication required, time.
Section 17. Same; public utility contracts; compilation, publication required,
time.
Section 18. Ordinances, publication; evidence.
Section 19. Ordinances; violations, penalties, imprisonment, fines, costs and
expenses.
Section 20. Fines, recovery; civil action authorized.
Section 21. Same; civil actions, procedure.
Section 22. Ordinances, violations; prosecutions, pleadings, proceedings.
Section 23. Same; county jail; use authorized.
Section 24. Ordinances, violations; pleadings, process.
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CHARTER
Section 25. Penalties, forfeitures; actions, appeals.
Section 26. Process; issuance, return.
Chapter VIII. General Finance
Section 1. Fiscal year.
Section 2. Revenue; division into specific funds.
Section 3. Contemplated annual expenditures; estimate, submission; city
manager; duty.
Section 4. Receipts, delivery to city treasurer.
Section 5. Special assessment funds, interest, sinking fund; special account
required.
Section 6. Transfer of funds.
Section 7. Funds, insufficiency; warrants prohibited.
Section 8. Same; Charter violation, officers; penalty.
Section 9. Payment vouchers; certification required; warrants, signatures.
Chapter IX. Bonds
Section 1. Bonds, issuance; city commission, authority.
Section 2. Bonds, issuance; purposes enumerated.
Section 3. Bonds, issuance; submission to electors.
Section 4. Total bonded indebtedness, restriction.
Section 5. Bonds; sinking fund required, exception.
Section 6. Bonds; terms, forms.
Chapter X. Claims
Section 1. Damages, claims; affidavit required, contents.
Section 2. Claims; filing required, time; fires, destruction of buildings.
Section 3. Claims, requisites; city liability.
Section 4. Public ways, defects; liability; notice required.
Chapter XI. Taxation
Section 1. Taxation; state law.
Section 2. Board of review; composition; sessions; regulations.
Section 3. Same; meetings, notice required.
Section 4. Annual appropriation resolution; delivery to assessor.
Section 5. Taxes; interest, sinking fund; assessor, duty.
Section 6. Taxes, due date; collection fees.
Chapter XII. Public Works And Improvements
Section 1. Public improvements; authority, state law.
Section 2. Same; costs payable from the public funds.
Section 3. Same; costs, special assessments.
Section 4. Public ways; control, etc.; city authority.
Section 5. Streets, paving; prerequisites.
Section 6. Public improvements; purchases, contracts, competitive bids.
Section 7. City jurisdiction, boundaries.
Section 8. Plats; lands, sale; restriction.
Section 9. Public utilities; acquisition, authority.
Chapter XIII. Special Assessments
Section 1. Charter provisions applicable.
Section 2. Special assessments; intention, notice required, contents.
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MUSKEGON CITY CODE
Section 3. Same; hearing; objections, regulations.
Section 4. Special assessment roll; omissions; city assessor, authority.
Section 5. Special assessments; costs, determination.
Section 6. Same; levy, prerequisites.
Section 7. Assessments according to frontage or benefits.
Section 8. Resolution required; contents.
Section 9. Assessments, frontage or benefits; regulations.
Section 10. Special assessment roll; contents.
Section 11. Same; review, notice required.
Section 12. Special assessment roll; review, confirmation.
Section 13. Same; lien on premises.
Section 14. Special assessment roll; mayor's warrant; due date, interest.
Section 15. Assessed premises; apportionment.
Section 16. City treasurer duties.
Section 17. Unpaid special assessments; interest; city treasurer, duties.
Section 18. Invalid, defective assessments; reassessment authorized.
Section 19. Same; court determination, restriction.
Section 20. Unpaid assessments; action in assumpsit authorized.
Section 21. Same; assumpsit, defense, limitation.
Section 22. Judgments, decrees; lien, impairment.
Section 23. Land, particular parcel; assessment authorized.
Section 24. Same; notice required, regulations.
Section 25. Same; costs, computation; due date, interest.
Section 26. Appeals; time, hearing; commission authority.
Section 27. Unpaid special assessments; certification to Assessor, levy.
Section 28. Railroads; land subject to special assessments.
Chapter XIV. Franchises For Public Utilities And Other Facilities
[Section 1. Right and jurisdiction reserved.]
Chapter XV. Civil Service
Section 1. Board of civil service commissioners; appointment, term, filling
vacancies, compensation.
Section 2. Powers and duties.
Section 3. Classified service; applicants, examination required.
Section 4. Eligible lists, grades; leaves, transfers, resignations.
Section 5. Filling positions, procedure.
Section 6. Promotions; regulations authorized.
Section 7. Appointive officers; civil service regulations inapplicable.
Section 8. Temporary appointments; procedure.
Section 9. Classified service, unclassified service; composition.
Section 10. Classified service; discharge, suspension, reduction in rank,
compensation; hearing required.
Section 11. Civil Service commission; members; gifts, compensation, etc.;
prohibited.
Section 12. Personnel director; appointment authorized; compensation, restric-
tion.
Section 13. Present employees; appointments, eligibility; examinations waived.
Section 14. Political, religious, etc., beliefs; discrimination prohibited.
Section 15. Department payrolls; delivery to commission.
Section 16. City commission; civil service, maintenance; annual appropria-
tion required.
Section 17. Conflicting provisions repealed.
Chapter XVI. Retirement System for the Employees of the City of
Muskegon Exclusive of Policemen, Firemen, Et Al
Section 1. Employee retirement system to be provided by ordinance.
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CHARTER
Section 2. Administration board of trustees.
Section 3. Effective date.
Section 4. Repeal of former Sections 5 to 38 and conflicting provisions.
Sections 5—38. Reserved.
Section 39. Amendment; effective date.
Chapter XVII. Miscellaneous
Section 1. Trades, occupations, amusements; regulations, licenses, expira-
tion date.
Section 1a. Employees; life, health, accident benefits.
Section 2. Streets, alleys; plan.
Section 3. Zoning.
Section 4. Buildings; construction, repair; building lines.
Section 5. Real estate taxes; indigent persons; payment, requisites.
Section 6. Employees, contractors; working hours; ordinance authorized.
Section 7. City litigation; bonds, not required.
Section 8. City council; continuance in office; successors.
Section 9. Initial election under Charter, requisites.
Section 10. Previous Charter; superseded by this Charter; saving clause.
Chapter XVIII. Reserved
Chapter XIX. Policemen and Firemen Retirement System
Section 1. To be established by ordinance; existing benefits not to be
diminished.
Section 2. Repealer.
Section 3. Effective date; continuation of existing system until ordinance
adopted.
Chapter XX. Charter Park Lands
[Section 1. Establishment.]
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CHARTER Ch. II, § 4
PREAMBLE Section 5. Voting precincts, boundaries.
The People of the City of Muskegon, acting in The voting precincts of the city shall remain
accordance with the "Home Rule Act" of the as they are until altered by the city commission.
State of Michigan, do adopt the following Revised The city commission shall have power to increase
Charter: or diminish the same and to change their boundar-
ies as conditions shall demand.
State law reference—Election precincts, MCL 168.654
CHAPTER I. INCORPORATION; et seq.
BOUNDARIES AND GENERAL POWERS
Section 1. Body politic, etc.; official name. CHAPTER II. ELECTIONS*
The inhabitants of the city shall be a body
politic and corporate under the name of the City Section 1. Registration, elections; state
of Muskegon and in that name the city shall hold law.
the title to all its property and conduct all its
affairs. The general registration and election laws of
State law reference—Incorporation, consolidation of the State of Michigan, except as herein otherwise
territory and alteration of boundaries of home rule cities, provided, shall apply to and control the registra-
MCL 117.61 et seq. tion of electors and the conduct of elections in the
City of Muskegon.
Section 2. General powers. State law references—Michigan Election Law, MCL
168.1 et seq.; registration of electors, MCL 168.491 et seq.
The City of Muskegon shall have and exercise
all powers pertaining to municipal corporations
and all those granted or recognized by the laws Section 2. Electors; qualifications; voting
of the state, whether herein expressly mentioned precincts.
or not, and the grant of any power herein
contained shall not be construed as excluding The inhabitants of the city having the
any other power, but the city shall be presumed constitutional qualifications of electors of the
to have all powers necessary or suitable for the state shall be electors of the city. Each one shall
maintenance of good government and for the vote in the voting precinct wherein he shall have
promotion of the welfare and happiness of its lodged for 20 days prior to the date of election.
Editor’s note—Residence in city as of thirtieth day prior
inhabitants, not forbidden by the constitution to election required. See MCL 168.492.
and general laws of the state.
State law references—Permissible Charter provisions,
MCL 117.4j(3); general limitations on powers of city, MCL Section 3. Election inspectors, appoint-
117.5. ment.
Section 3. Reserved. At least 30 days prior to the first election after
they enter upon the duties of their office, the city
Editor’s note—The city boundaries formerly set out in
this section are outdated and therefore were omitted.
commission shall appoint three qualified elec-
tors in each voting precinct to be inspectors of
election for such precinct and they shall continue
Section 4. Four wards.
so to act at the will of the city commission.
Editor’s note—Election inspectors are now appointed by
The City of Muskegon shall be apportioned the board of election commissioners at least 21 but not more
into four wards in accordance with law. than 40 days prior to the election. See MCL 168.674.
(As amended November 2, 1982, § 1)
State law reference—Mandatory requirement that *State law references—Michigan Election Law, MCL
Charter provide for establishment of one or more wards, 168.1 et seq.; mandatory that Charter provide for elections,
MCL 117.3. MCL 117.3(b), (c).
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§4 MUSKEGON CITY CODE
Section 4. Board of election commission- Section 8. Candidates; petitions; form,
ers. signatures.
Candidates for elective office shall be nominated
Within the time limit in the last preceding
from the city at large, or from their respective
section, the city commission shall appoint three
wards, by petition, blanks for which shall be
qualified electors to be a board of election com-
furnished by the city clerk. Each petition shall
missioners for the city and they shall serve in be signed by not less than 50 qualified electors
that capacity at the pleasure of the city commis- and shall be filed with the city clerk at such time
sion. as may be provided by law preceding a primary
State law reference—Board of city election commission-
ers, MCL 168.25.
election. Each elector signing shall add his
residential street and number and date of
signature. No elector shall sign petitions for
Section 5. Nonpartisan primary required; more candidates for any office than the number
exception; time. to be elected to such office.
(As amended November 2, 1982, § 2)
A nonpartisan city primary election shall be State law references—Nonpartisan nominating peti-
held in each even numbered year upon the same tions, MCL 168.544a; last day for filing nominating petitions
where local primary falls on same day as state or county
date that the general state primary election
primary election, MCL 168.646a.
shall be held immediately preceding the general
State November election in that year, if nominat- Section 9. Nominating petitions; suf-
ing petitions for candidates eligible to be placed ficiency, determination;
on the ballot to a number greater than twice the candidates, certification.
number of positions to be filled in any elective
office, shall have been filed with the city clerk as The City Clerk shall accept for filing only
provided by this Charter. nominating petitions on official blanks contain-
(As amended April 7, 1947) ing the required number of signatures for quali-
State law references—Requirement that Charter provide fied candidates. The City Clerk shall forthwith
for the nomination of elective officers by a primary election, determine the sufficiency of signatures on each
MCL 117.3(c); municipal elections set in an odd year election, petition filed. Petitions which are found by the
MCL 168.641 et seq. clerk to contain the required number of signatures
of registered electors for qualified candidates
Section 6. Nonpartisan regular election; shall be marked 'approved' with the date thereof.
time. Within three days after the time limited for
filing nomination petitions, the City Clerk shall
A nonpartisan regular city election shall be certify to the Board of Election Commissioners
held on the first Tuesday after the first Monday the names of all the candidates duly nominated,
of November in each even numbered year. and special matters, if any, to be submitted to the
State law references—Mandatory that Charter provide electors.
for time, manner and means of holding elections, MCL (As amended November 2, 2021)
117.3(c); odd year elections, MCL 168.641 et seq. State law references—Certification of nominating peti-
tions by city clerk, MCL 168.552; validity of petition or
signature, MCL 168.552a.
Section 7. Special election; resolution
required, contents. Section 10. Ballots; contents; candidates'
names; special matters.
Special elections may be held at such times
and places as the city commission may by resolu- The names of the candidates shall be placed
tion designate, the purpose of which shall be by the Board of Election Commissioners on the
fully set forth in the resolution. primary ballot for only such positions as shall
State law reference—Special primaries and elections, have more than twice the number of candidates
MCL 168.631 et seq. seeking each office to be filled by election. Special
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CHARTER §1
matters, if any, shall likewise be placed upon Section 13. Tie vote; determination.
said ballot. The candidates in the primary elec-
If at any city election there shall be no choice
tion receiving the largest number of votes, to a
between candidates by reason of two or more
number equal to twice the number of positions to
candidates having received an equal number of
be filled in any office, and the names of candidates
votes, then the board of city canvassers shall
not required to be placed on the primary election
determine the successful candidate or candidates
ballot, shall be placed on the ballot at the regular
by lot.
city election, together with special matters, if State law reference—Determination of election by lot,
any, to be voted upon. MCL 168.851, 168.852.
(As amended November 2, 2021)
State law reference—Preparation and distribution of Section 14. Candidates; nomination, elec-
ballots, MCL 168.559 et seq.
tion; notice, time.
Section 11. Polls; hours open. Within five days after the filing of the canvass
The polls shall be open in each voting precinct the city clerk shall give notice to the persons
from 7:00 a.m. to 8:00 p.m. nominated or elected of their nomination or
State law reference—Similar provisions, MCL 168.720. election.
Section 12. Canvass of votes; board of Section 15. Elections, time, place; notice
election commissioner's duties. required; state law.
Immediately upon the closing of the polls the Notice of the time and places of holding any
precinct election inspectors shall canvass the election and the propositions to be voted upon
votes and announce the results as provided in shall be given by the city clerk in the manner as
the general election laws for county and state provided and required by state law relating to
elections. They shall first canvass the votes for elections.
city officers and shall forthwith make a state- (As amended April 7, 1947)
ment of all votes cast at the election and file the State law reference—Notice of elections, MCL 168.653a.
same at once with the city clerk. The board of
election commissioners shall act as a board of Section 16. Ballots; form; party designa-
city canvassers to canvass the votes cast at all tion prohibited.
elections under this Charter. They shall meet at The form of the ballot shall conform as nearly
the city hall on the Thursday following each as may be to that prescribed by the general laws
election at 9:00 in the forenoon, and publicly of the state, except that no party designation or
canvass the election returns, and shall determine emblem shall appear upon any city ballot.
the vote upon all questions and propositions and State law reference—Form of ballots, MCL 168.696 et
declare whether the same have been adopted or seq.
rejected and what persons have been nominated
or elected at such election. The candidate or Section 17. Recount; state law.
candidates, where more than one are to be A recount of the votes cast at any city election
nominated or elected to the same office, who for any office, or upon any proposition, may be
shall receive the largest number of votes shall be had in accordance with the general election laws
nominated or elected. Upon the completion of of the state.
the canvass, the board shall file with the city State law reference—Recounts, MCL 168.861 et seq.
clerk a statement of their determination and the
city commission shall enter the same upon the
official records of the city. CHAPTER III. CITY OFFICERS
(As amended November 2, 2021)
Editor’s note—Canvassing of elections is now done by Section 1. Elective officers.
the county pursuant to MCL 168.821 et seq.
State law reference—Canvass by the precinct inspec- There shall be a city commission of seven
tors, MCL 168.801 et seq. members. Two shall be nominated and elected
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§1 MUSKEGON CITY CODE
from the qualified voters of the city at-large, and Any such other officers as the city com-
one shall be nominated and elected from the mission may authorize.
qualified voters of the city at-large and shall be (As amended November 8, 1994, § 1)
elected as the mayor, and one shall be nominated Editor’s note—The board of health and the position of
and elected by the qualified voters of each of the health officer no longer exist. Their functions are performed
four wards as provided in Chapter I, Section 4. by the county.
State law reference—Mandatory that Charter provide
(As amended November 2, 1982, § 3; as amended
for appointed officers, MCL 117.3(a).
November 8, 1994, § 1)
State law reference—Mandatory for Charter to provide
for election of certain officers, MCL 117.3(a). Section 3. City commissioners; qualifica-
tions, term; holding additional
Section 2. Appointive officers enumer- office, restriction.
ated.
A person may not serve on the City Commis-
The following shall be the appointed officers of sion for terms or partial terms that combined
the City: total more than 12 years. The City Commission-
ers elected at large shall be electors of the City
(1) To be appointed by the city commission:
and shall have resided therein at least one (1)
City manager. year immediately preceding their election and
shall remain electors of the City throughout
City clerk.
their term of office. The City Commissioners
City attorney. elected from the respective wards shall have
resided within their respective wards at least
City treasurer. one (1) year immediately preceding their election
City auditor. and shall remain electors of the City and residents
of their respective wards throughout their term
City assessor, and one or more assistant of office. They shall not during their term of
assessors as the commission may office hold any other City office unless specifi-
determine. cally provided in this Charter. They shall be
Three members of the board of health. elected at the regular City election. At the first
regular City election held after November 2,
Three election commissioners. 1982, one (1) Commissioner shall be elected from
Three inspectors of election for each voting each of the four (4) wards for a term of four (4)
precinct. years and shall serve with the remaining three
(3) Commissioners who shall serve the balance of
Four members of the board of review. their unexpired term. At the next succeeding
regular City election following the election of
Such other officers as the commission
Commissioners for each of the four (4) wards,
may deem necessary or suitable.
three (3) Commissioners shall be elected at large
(2) To be appointed by the city manager: for a term of four (4) years. Thereafter their
successors shall be elected for a term of four (4)
All directors of departments except city years. They shall take office on the first day of
attorney and city auditor. January following their election.
(As amended November 2, 1982, § 3; as amended
City engineer.
November 4, 2025, Exh. A)
City health officer. Editor’s note—A one year residency requirement was
upheld in Joseph v. City of Birmingham, 510 F. Supp. 1319
Chief of police. (E.D. Mich. 1971).
State law reference—Mandatory that Charter provide
Chief of fire department. for qualifications of officers, MCL 117.3(d).
Supp. No. 17 CHT:10
CHARTER §4
Section 4. Representation in newly
annexed area.
Any single area annexed to the City of Mus-
kegon at one time and by means of a popular vote
thereon, having a population of five thousand
Supp. No. 17 CHT:10.1
CHARTER §8
(5,000) or more on the date of said election, shall and in failure thereof, mandamus shall lie. The
be entitled to elect an additional member to the provisions of this section shall be construed as
City Commission for a period of not less than five modifying and amending any other provisions of
nor more than eight years as provided in this the Charter of the City of Muskegon inconsistent
section. Said additional member shall have all therewith.
the rights, powers and duties of a duly elected (Added November 3, 1964; as amended November
City Commissioner and shall receive the same 2, 2021)
compensation. Said population shall be Editor’s note—Originally § 4 of this chapter related to
justices of the peace. That section was repealed by an
determined by the existing City Commission on amendment of April 1, 1935, which added Chapter 18,
a basis of such evidence as may be available relating to the municipal court. Section 4, as above set out,
including the past previous federal census, school was added by an amendment of November 3, 1964.
census, tax records, election records, or a special State law reference—Mandatory that Charter provide
for elections of certain officers, MCL 117.3(a).
census conducted for the purpose, and its deci-
sion shall be final. A special election in the
annexed area shall be called by the City Com- Section 5. Election; city officers; appoint-
mission as soon as it is reasonably practicable ment, time.
after the effective date of the annexation. At this
The city manager, city clerk, city attorney, city
election prior registration records may be used if
treasurer, city auditor, city assessor, three
available. Subject to the provisions of this sec-
members of the board of health and four members
tion, the election chapter of this Charter and the of the board of review shall be appointed by the
state election laws shall be followed. The annexed city commission at the same time.
area representative to be elected shall have been (As amended November 8, 1994, § 1)
a resident of the area for at least four years prior
to the date of election and nominations shall be
made by petition as provided in the election Section 6. Appointive officers; tenure.
chapter hereof for City Commissioners. If only All officers appointed by the city commission
one person is nominated within the time limited, shall hold at the pleasure of the commission and
the City Commission shall declare such person all officers appointed by the city manager shall
an additional member of the City Commission hold at the pleasure of the manager, unless
and cancel the election. Said additional member herein otherwise provided.
shall hold office from the Tuesday following the
canvass of the election of the declaration above
provided to the first day of January following the Section 7. Officers; qualifications, oath,
regular municipal election which is held more bond.
than one year after the commencement of the All officers shall be citizens of the United
original term, at which election said additional States. They shall take the constitutional oath of
membership shall again be voted upon for a full office and if bonds are required shall give their
four year term commencing on the first day of official bond prior to entering upon the duties of
January following the additional member's elec- their office and within ten days after notification
tion. At the end of the full four-year term so of their election or appointment.
provided, said additional membership shall expire. State law reference—Mandatory that Charter prescribe
Only registered electors residing within the qualifications of officers, MCL 117.3(d).
annexed area shall be entitled to vote upon the
additional membership. In filling any vacancy in Section 8. Officers oath, bond, regula-
such additional membership, the remaining tions.
members of the City Commission shall be limited
to the selection of a person having qualifications The city commission may require any officer
to be a candidate for such membership. In to give a bond with such condition and in such
performing the mandate of this section, the City amount as the commission may determine and to
Commission shall act promptly and in good faith be approved by the commission. The surety shall
Supp. No. 11 CHT:11
§8 MUSKEGON CITY CODE
be a bonding company authorized to act under House of Correction not longer than ninety days,
the laws of the state and the premium therefor or by fine not exceeding five hundred dollars, or
shall be paid by the city. by both such fine and imprisonment at the
discretion of the Court. The officer shall also
Section 9. Violation. forfeit the officer's office. The prohibitions of this
section shall not apply to any person if the City
A failure to file the oath of office or the bond
Commission shall declare on its records by a
when required within the time required shall
unanimous vote of the members thereof that the
render the office vacant.
best interests of the City are served despite a
personal interest direct or indirect.
Section 10. Resignations, filling vacancies. (As amended November 2, 2021)
All resignations of all elected officers and State law reference—Conflicts of interest as to contracts,
MCL 15.321 et seq.
officers appointed by the city commission shall
be made to the city commission. Resignations of
officers appointed by the city manager shall be Section 12. Mayor, city commissioners;
made to the city manager. In case of a vacancy in compensation.
any elected office, the vacancy shall be filled The salary of the mayor shall be $500.00 a
within 30 days by a majority vote of the remain- year. That of the other commissioners shall be
ing members of the city commission in office, and $360.00. All other salaries shall be fixed by the
the person appointed shall fill the vacancy until city commission.
the next general election for any city elective Editor’s note—The above provisions relative to the
office, at which time persons shall stand for salary of the mayor and other commissioners are superseded
election for the balance of any unexpired term of by Ordinance No. 711, relating to the local officers' compensa-
tion commission and adopted pursuant to MCL 117.5c. See
the position which has been filled by the appoint- ch. 2, art. VII, div. 2 of the Code of Ordinances.
ment. The person elected shall take office
immediately upon certification of the election
results. Notwithstanding, any person thus CHAPTER IV. CITY COMMISSION
appointed to fill a vacant elected position where
the vacancy first occurs less than 180 days Section 1. General legislative powers.
before the next such general city election shall
hold the position for the balance of the unexpired The seven city commissioners shall constitute
term of the office. the legislative body of the city under the name
(As amended November 2, 1999) "city commission" and all the powers of the City
State law reference—Vacancies in city office to be filled of Muskegon not specifically invested by law or
as provided in Charter, MCL 201.37. by this Charter in some other officer or body
shall be exercised by the city commission.
Section 11. Sales, purchases, contracts; State law reference—Mandatory that Charter provide
financial interest prohibited, for elected legislative body, MCL 117.3(a).
penalty.
Section 2. Administrative service; dealing
No officer or employee of the City shall be with personnel, restrictions.
directly or indirectly interested in the sale to or
purchase from the City of any property or be The City Commission shall be the judge of the
directly or indirectly interested as principal, election and qualification of its own members,
surety or otherwise, in any contract except his subject to the review of the courts. Neither the
contract of employment, the expense or Commission nor any of its members or commit-
consideration whereof is paid under any ordinance, tees shall dictate the appointment of any person
motion or resolution of the Commission. Any to office or employment by the City Manager or
person who shall violate any of the provisions of in any manner interfere with the City Manager
this section shall on conviction thereof be punished to prevent the City Manager from exercising the
by imprisonment in the county jail or the Detroit City Manager's judgment in the appointment of
Supp. No. 11 CHT:12
CHARTER Ch. V, § 4
officers or employees in the administrative service. motion to adjourn and to refer shall be taken by
Except for the purpose of inquiry, the Commis- "yea" and "nay" vote and entered upon the
sion and its members shall deal with the record.
administrative service solely through the City
Manager and neither the Commission nor any
member thereof shall give orders to any of the CHAPTER V. ADMINISTRATIVE
subordinates of the City Manager. SERVICE*
(As amended November 2, 2021)
Section 1. Mayor; powers and duties.
Section 3. City commission; organization, In so far as required by law and for all
vice-mayor, meetings, order of ceremonial purposes the Mayor shall be recognized
business, records. as the executive head of the City. The Mayor
shall be chairman of the City Commission and
During the first week in January following the shall have a voice and vote in its proceedings,
regular municipal election the City Commission but no veto power. The Mayor shall authenticate
shall meet at the council chamber in the City by the Mayor's signature such instruments as
Hall and complete its organization. At the time the City Commission, this Charter or the laws of
it shall elect from its own members a vice mayor the State shall require.
who shall perform all the duties of the mayor (As amended November 2, 2021)
when from any cause the mayor is temporarily State law reference—Mayor required, MCL 117.3(a).
unable to perform the duties of the Mayor's
office, or in case of a vacancy in the office of Section 2. Administrative departments
mayor until such vacancy is filled by the City enumerated.
Commission. It shall then establish a time for
regular meetings of the Commission which shall The following administrative departments are
be held at least twice in each month. Special hereby established:
meetings may be called at any time by the mayor 1. Department of law.
or by two other commissioners by giving such
2. Department of finance.
notice to its members as the Commission shall
provide. All meetings of the City Commission 3. Department of public works.
shall be public and any citizen shall have access 4. Department of public health.
to the minutes and records thereof at all reason-
able times. The Commission shall determine its 5. Department of public welfare.
own rules and order of business and shall keep a 6. Department of public safety.
record of its proceedings. State law reference—Charter may provide for the
(As amended November 2, 2021) establishment of departments, MCL 117.4j(1).
State law references—Mandatory that Charter require
compliance with open meetings act, MCL 117.3(l); open Section 3. Department heads enumerated.
meetings act, MCL 15.261 et seq.
Until otherwise provided by ordinance the city
Section 4. Quorum, adjournments, vote attorney shall be director of the department of
required. law, the city auditor of the department of finance,
the city engineer of the department of public
The majority of the members of the city works, the city health officer of the department
commission shall be a quorum to do business but of public health and welfare, and the city manager
in the absence of the quorum two or more of the department of public safety.
commissioners can adjourn meeting to a later Editor’s note—The department of health and welfare
date except as herein otherwise provided. The and the position of health officer no longer exist. Those
functions are performed by the county.
affirmative vote of the majority of the members
of the city commission shall be necessary to *State law reference—Mandatory requirement that
adopt any measure before it. All votes except or Charter prescribe duties of city officers, MCL 117.3(d).
Supp. No. 11 CHT:13
§4 MUSKEGON CITY CODE
Section 4. Administrative officers; 2. To appoint and remove all administra-
responsibility. tive officials of the city subject to the civil
service provisions.
The directors of the departments of law and
finance shall be immediately responsible to the 3. To enforce all city contracts and franchises.
city commission. The other directors shall be
immediately responsible to the city manager for 4. To supervise all public improvements,
the administration of their departments. works and undertakings.
5. To attend all meetings of the city commis-
Section 5. City departments; functions, sion and to take part therein, but without
ordinance required. vote.
The city commission shall by ordinance 6. To prepare the annual itemized budget
determine and prescribe the functions of each and to keep the city commission fully
department and may create new departments, advised as to the financial condition and
combine existing departments and establish needs of the city.
temporary departments for special work when in
its opinion the proper administration of the city 7. To recommend to the City Commission
requires. The functions of the department of for its adoption such measures as the
public welfare, however, shall include the supervi- City Manager may deem necessary or
sion and management of all charitable, cor- expedient.
rectional and reformatory institutions and
8. To perform such other duties as may be
agencies belonging to the city, the use of
required by this Charter, by ordinance or
recreational facilities of the city, including parks
the direction of the city commission or as
and playgrounds, the inspection and supervision
naturally pertain to the general manage-
of public entertainments, the study and research
ment of the city affairs.
into causes of poverty, delinquency, crime and
(As amended November 2, 2021)
other social problems in the community.
Section 6. City manager; authority; Section 8. City clerk; powers and duties.
absence, disability.
The City Clerk shall be Clerk of the City
The City Manager shall be the administrative Commission, shall attend all its meetings, shall
head of the municipal government under the keep a permanent journal in the English language
direction and supervision of the City Commis- of its proceedings and shall sign the same.
sion and shall hold office at the pleasure of the
Commission. The City Manager need not be a The City Clerk shall attest such instruments
resident of the City at the time of appointment. as the City Commission, this Charter or the laws
During the City Manager's absence or disability, of the State shall require.
the City Commission may designate some properly
The City Clerk shall be custodian of the seal
qualified person to execute the function of the
and of all papers, documents and records of the
office.
City, the custody of which is not otherwise
(As amended November 2, 2021)
provided for.
Section 7. City manager; powers and The City Clerk shall give to the proper officials
duties. ample notice of the expiration or termination of
all franchises and contracts. The City Clerk may
Except as herein otherwise provided, the city
administer all oaths required to be taken by this
manager shall have the following powers and
charter or by the City Commission. The City
duties:
Clerk shall act with the City Assessor in making
1. To enforce all city laws and ordinances. jury lists.
Supp. No. 11 CHT:14
CHARTER § 11
The City Clerk shall perform such other duties for which it was incurred and an inventory of the
of a clerical nature as naturally pertain to the property of the City with both its cost and
City Clerk's office or which shall be required by estimated current value.
this Charter or by the City Manager.
(As amended November 2, 2021) The City Auditor shall perform such other
State law reference—Mandatory requirement that duties as naturally pertain to the City Auditor's
Charter provide for city clerk, MCL 117.3(a). office or as may be required by this Charter or by
the City Commission.
Section 9. City auditor; powers and (As amended November 2, 2021)
duties.
Section 10. City attorney; powers and
The City Auditor shall keep the City's books of duties.
account, which shall show in accurate detail all
moneys received and their several sources and The City Attorney shall act as legal adviser to
all disbursements made and their purposes. and as attorney and counsel for the municipality
and all its officers in matters relating to their
The City Auditor shall establish and maintain official duties. The City Attorney shall give
a system of accounts suitable for all departments written opinions to any official or department of
and officers of the City which shall conform to the City whenever requested in writing so to do,
any uniform system required by law. and shall file a copy of the same with the City
The City Auditor shall examine and audit all Clerk.
accounts and claims against the City except
The City Attorney shall conduct for the City
claims for unliquidated damages. The City Audi-
all cases in Court to which the City is a party.
tor shall not issue or sign any craft, check or
warrant until the City Auditor has verified the The City Attorney shall prepare, or officially
correctness of the account for which the same is pass upon, all contracts, bonds and other instru-
issued; neither shall the City Auditor allow the ments in writing, in which the City is concerned,
payment of any account unless the money has and shall verify before execution as to their
been appropriated therefor, nor shall the City legality and correctness of form.
Auditor issue or sign any draft, check or warrant
for any account against the City unless sufficient The City Attorney shall perform such other
money is in the fund on which it is drawn. duties as may be prescribed by this Charter or by
the City Commission.
The City Auditor shall examine and audit the (As amended November 2, 2021)
books of the City Treasurer once each month and
at the close of the fiscal year, or whenever the
Section 11. City treasurer; powers and
City Auditor shall think necessary or shall be
duties.
directed by the City Commission. The City Audi-
tor shall examine and audit all books of account The City Treasurer shall have the custody of
of other officers, boards or departments. all moneys, the City Clerk's bond, and all evidence
of value belonging to the City or held in trust by
All books of account of the City shall be
the City.
balanced at the close of each month and a report
made thereof by the City Auditor to the City The City Treasurer shall receive all moneys
Commission. The City Auditor shall present to belonging to and receivable by the City, and shall
the City Commission each month and whenever keep a correct account of all receipts and
required by the Commission, a detailed state- expenditures.
ment of the financial condition of the City which
shall include all receipts and expenditures of the The City Treasurer shall keep and deposit all
various departments, and annually a detailed moneys or funds in such manner and in such
statement of the debt of the City and the purpose places as the City Commission may determine.
Supp. No. 11 CHT:15
§ 11 MUSKEGON CITY CODE
The City Treasurer shall report in detail to the purchasing agent shall also conduct all sales of
City Auditor each day all moneys collected by the personal property which the City Commission
City Treasure. may authorize to be sold.
The City Treasurer shall pay no moneys out of The City Manager or designated purchasing
the treasury except in the manner prescribed in agent shall see to the delivery of supplies to each
this Charter. department and where purchases or sales are
made on joint account of several departments
The City Treasurer shall have such powers the City Manager or designated purchasing agent
and duties in regard to the collection of school shall apportion the charge of credit to such
taxes as are given the City Treasurer by law, or department.
by the Charter of the Public Schools of the City of
Muskegon, and by this Charter. All purchases and sales shall conform to such
regulations as the City Commission may from
The City Treasurer shall perform such other time to time prescribe, but in either case if the
duties as may be prescribed by the laws of the amount involved is in excess of five hundred
State, by this Charter or by the director of dollars, opportunity for competition shall be
finance. given.
(As amended November 2, 2021) (As amended November 2, 2021)
State law reference—Mandatory requirement that
Charter provide for treasurer, MCL 117.3(a).
Section 14. Reserved.
Section 12. City assessor powers and Editor’s note—The above section related to city
duties. representation on the county board of supervisors and was
omitted due to the superseding effect of MCL 46.401 et seq.,
which provides for the election and apportionment of members
The City Assessor shall possess all the powers
of the board.
vested in and shall be charged with all the duties
imposed upon assessing officers by the general
laws of the State. CHAPTER VI. PUBLIC HEALTH*
The City Assessor shall make and prepare all
Section 1. General powers.
regular and special assessment roles in the
manner prescribed by this Charter and the The power of the city to preserve and promote
general laws of the State. The City Assessor the health of its inhabitants shall be limited only
shall act with the City Clerk in making jury lists. by the laws of the state and needs of the city.
State law reference—Mandatory requirement that
The City Assessor shall perform such other Charter provide for public peace, health and safety of
duties as may be prescribed for the City Assessor persons and property, MCL 117.3(j).
by this Charter.
(As amended November 2, 2021) Section 2. Board of health; composition.
State law reference—Mandatory requirement that
Charter provide for city assessor, MCL 117.3(a). The board of health shall consist of three
members, two of whom shall be registered physi-
Section 13. Purchasing agent; appoint- cians, residents of the City of Muskegon. The
ment; powers and duties. city health officer shall sit with the board of
health but shall have no vote.
The City Manager or some officer other than State law reference—Local health departments, MCL
the auditor or treasurer shall be designated by 333.2401 et seq.
the City Commission to act as purchasing agent,
*Editor’s note—This chapter is obsolete. Public health
by whom all purchases for the City shall be made functions are now performed by the county.
and all vouchers for the payment of the same State law reference—Public Health Code, MCL 333.1101
approved. The City Manager or designated et seq.
Supp. No. 11 CHT:16
CHARTER §6
Section 3. Board of health; powers and imposed, such time shall not be less than ten
duties. days after the first publication. All ordinances
The board of health shall have and exercise shall be published at least once in one or more of
for the city all the powers and authority conferred the daily newspapers of the city before they
upon boards of health by the general laws of the become operative.
state, by this Charter and by the ordinances of
the city. It shall be its duty and duty of the Section 4. Initiatory petition; signatures
health officer to see to the enforcement of all required.
laws and ordinances pertaining to public health.
Any proposed ordinance may be submitted to
Section 4. Health officer; powers and
the commission by petition signed by electors of
duties.
the city equal in number to 15 percent of the
The health officer shall have and exercise all highest vote cast in the city for commissioner in
the powers of police officers of the city and all the last preceding general election. The petition
power and authority conferred on health officers shall contain a request that the ordinance be
by the laws of the state, by this Charter or by the submitted to a vote of the people if not passed by
ordinances of the city and shall perform all the commission and the ordinance shall either be
duties required of such officer. contained in the petition or shall accompany it.
State law reference—Local health departments, MCL
State law reference—Permissible that Charter provide
333.2401 et seq.
for initiative and referendum, MCL 117.4i(g).
CHAPTER VII. ORDINANCES* Section 5. Same; Commission determina-
tion required.
Section 1. City commission; powers.
The city commission shall have power to Within 30 days after such petition is presented
enact, amend and repeal all ordinances that may to the commission, the commission shall either
be necessary or proper for carrying out the pass the proposed ordinance without alterations
powers conferred and the duties imposed upon or it shall amend the ordinance if it deems
the city by this Charter and by the laws of the advisable, retaining, however, the general purpose
state. thereof, or it shall submit the same without
amendment to the vote of the electors of the city.
Section 2. Ordinances; style; adoption, State law reference—Permissible that Charter provide
vote required. for initiative and referendum, MCL 117.4i(g).
The style of all ordinances shall be "The City
of Muskegon Ordains." They shall require for Section 6. Same; amendment by commis-
their passage a majority vote of all members of sion; publication, protest.
the commission in office. No ordinance shall be
adopted at the same meeting at which it is In case the commission shall amend the
proposed except by unanimous consent of all ordinance it shall publish the same as amended
members of the commission then in office. in one or more newspapers in the city and if
within 15 days thereafter a protest against the
Section 3. Same; effective date, publica-
adoption of the ordinance as amended be filed,
tion.
signed by electors of the city equal in number to
Every ordinance shall prescribe the time within ten percent of the highest vote cast in the city for
which it shall take effect and, in case a penalty is commissioner at the last preceding general elec-
*State law reference—Mandatory requirement that
tion, the ordinance as amended shall be submit-
Charter provide for adopting, continuing, amending and ted to the electors of the city. If no such protest
repealing ordinances, MCL 117.3(k). shall be filed the ordinance shall take effect at
Supp. No. 11 CHT:17
§6 MUSKEGON CITY CODE
the time prescribed by the ordinance, or if that Section 9. Electors; ordinances, adoption;
has expired, at the expiration of said period of 15 number unrestricted.
days. Any number of proposed ordinances may be
State law reference—Permissible that Charter provide
voted upon at the same election in accordance
for initiative and referendum, MCL 117.4i(g).
with the provision[s] of the Charter.
State law reference—Permissible that Charter provides
for initiative and referendum, MCL 117.4i(g).
Section 7. Electors; conflicting
ordinances, adoption; Section 10. Ordinances; repeal; submis-
determination. sion to electors.
The city commission may submit a proposition
for the repeal of any such ordinance or for
In case the amended ordinance is submitted to amendments thereto to be voted upon at any city
the electors, the original ordinance shall be election and if such proposition receives a major-
submitted at the same time as an alternative, ity of the votes cast thereon at such election the
but no elector shall vote "yes" to both ordinances. ordinance shall thereby be repealed or amended.
If each ordinance shall have a majority of votes State law reference—Permissible that Charter provides
cast on the adoption of the same, the one having for initiative and referendum, MCL 117.4i(g).
the greater number of votes shall be considered
Section 11. Same; submission to electors,
adopted. If a single ordinance is submitted and
time.
the majority of qualified electors voting thereon
shall vote in favor thereof, it shall be adopted. All ordinances submitted to the electors shall
State law reference—Permissible that Charter provides be submitted at the next general municipal
for initiative and referendum, MCL 117.4i(g). election after final action taken by the commis-
sion if one is held within 90 days, but if no
general election shall be held within that time, a
Section 8. Ordinances, emergency, effec- special election shall be called by the city com-
tive date, objections. mission for that purpose and held within that
time. Not more than one special election shall be
held for such purpose in the period of six months.
No ordinance passed by the commission except State law reference—Permissible that Charter provides
when otherwise required by the general laws of for initiative and referendum, MCL 117.4i(g).
the state or by the provisions of this Charter
Section 12. Same; adoption, electors; effec-
(excepting ordinances for the immediate preserva-
tive date.
tion of the public peace, health or safety which
shall contain a statement of urgency and shall be Whenever the electors shall adopt an ordinance
passed by unanimous vote of the commission) it shall go into effect as prescribed therein, or if
shall go into effect for ten days from the time of that time shall have expired, ten days after the
its final passage and if during the said ten days election.
there shall be presented to the commission a (As amended November 2, 2021)
State law reference—Permissible that Charter provides
protest against the passing of said ordinance for initiative and referendum, MCL 117.4i(g).
signed by electors of the city equal in number to
at least 15 percent of the highest vote cast for Section 13. Ordinances; adoption, electors;
candidates for commissioner at the last preced- repeal, restriction.
ing general election, said ordinance shall No ordinance which has been adopted by the
thereupon be suspended from taking effect, and vote of the electors shall be repealed or amended
it shall be the duty of the commission to reconsider within five years except by vote of the electors.
said ordinance and if the same is not entirely (As amended November 2, 2021)
repealed the commission shall submit it to the State law reference—Permissible that Charter provides
vote of the electors. for initiative and referendum, MCL 117.4i(g).
Supp. No. 11 CHT:18
CHARTER § 21
Section 14. Ordinances; submission to Section 18. Ordinances, publication;
electors; publication required. evidence.
Proof of publication of any ordinance, resolu-
All ordinances or propositions for amendment
tion or other proceeding of the commission may
or repealing of ordinances submitted to the
be made by an affidavit of the printer or publisher
voters shall be published at least once in one or
of the paper in which the same has been published
more of the daily newspapers in the city not
and such affidavit when duly filed with the clerk
more than 30 nor less than ten days prior to the
shall in all cases, courts and proceedings be
elections.
prima facie legal evidence of the publication of
State law reference—Permissible that Charter provides
for initiative and referendum, MCL 117.4i(g). such resolution, ordinance or other proceeding.
All copies of the ordinance of the commission
purporting to have been published or printed by
Section 15. Ordinance book, filing its authority shall in all courts and proceedings
required. be received as prima facie evidence thereof and
of their enactment and publication.
All ordinances after having been duly passed
shall at once be filed in the office of the city clerk Section 19. Ordinances; violations, penal-
and shall be recorded in the Book of Ordinances ties, imprisonment, fines, costs
of the City of Muskegon. It shall not be neces- and expenses.
sary to enter any ordinance at length in the
journal of the commission but reference may be City ordinances may provide penalties for
made thereto by its title in all actions upon the violations. Penalties for civil infractions may
passage thereof. include, without limitation, civil fines, costs,
damages and expenses in the amounts authorized
by state law. For criminal violations, ordinance
Section 16. Charter, or ordinances; penalties may include, without limitation, criminal
publication required, time. fines and imprisonment for the amounts and
periods authorized by any state law, and costs
Within one year after this Charter takes effect and expenses in lawful amounts.
the city commission shall cause to be published (As amended February 22, 2000)
in pamphlet form this Charter with the amend- State law reference—Restriction on fines and imprison-
ments thereof, if any, and all ordinances then in ment, MCL 117.4i(k).
force in the city. If any ordinance shall have been
amended, the complete ordinance with the amend- Section 20. Fines, recovery; civil action
ment incorporated therein shall be published authorized.
and not the original ordinance and amending
ordinances. Whenever a pecuniary penalty or forfeiture
shall be incurred for violation of any ordinance
and no provision shall be made for imprisonment
Section 17. Same; public utility contracts; of the offender on conviction thereof, or if the
compilation, publication offender shall be a corporation, such penalty or
required, time. forfeiture may be recovered in an action of debt
or assumpsit.
At least once in each ten years thereafter the
city commission shall cause to be compiled and Section 21. Same; civil actions, procedure.
published in pamphlet form this Charter, all
amendments to the Charter, all ordinances and Such action shall be brought in the name of
all long term contracts between the city and the City of Muskegon and may be commenced by
public utility corporations. The correctness of summons. All pleadings and proceedings in the
such publications shall be certified to by the case except as herein otherwise provided shall
compiler. conform to and be the same as in like actions for
Supp. No. 11 CHT:19
§ 21 MUSKEGON CITY CODE
the recovery of penalties for violation of the laws rant, process or pleading therein, but the same
of the state. Upon rendition of judgment against shall be sufficiently set forth or stated by recit-
the defendant execution shall issue forthwith ing the title and the date of passage or approval
and if not against a corporation shall require and it shall be a sufficient statement of the
that if sufficient goods and chattels of the offense or action complained of in the said
defendant cannot be found to satisfy the same complaint or warrant to set forth substantially
the defendant be committed to the county jail for with reasonable certainty the time and place of
Muskegon County or the city jail for a period not the act or offense complained of and to allege the
exceeding 90 days, unless the execution be sooner same to be a violation or an ordinance of the city
paid or the defendant discharged by due course referring thereto by its title and the time of its
of law. passage or approval.
Section 22. Ordinances, violations; Section 25. Penalties, forfeitures; actions,
prosecutions, pleadings, appeals.
proceedings. In all prosecutions and in all suits to which
Prosecutions for the violation of ordinances the City shall be a party brought to recover any
may be commenced by summons, and in all cases penalty or forfeiture for violation or breach of
except against corporations, by warrant for the any ordinance commenced by summons, warrant
arrest of the defendant. Such warrant shall be or other process to which the City shall be a
issued upon complaint as in criminal cases party, brought in Justice Court, like proceeding
cognizable by justices of the peace and shall be shall be had except as herein otherwise provided,
substantially in the form of warrants issued and the judgment rendered therein may be
under criminal cases. All pleadings and proceed- appealed from by the City or defendant in like
ings in the case shall be substantially in the form manner as similar cases tried before justices of
of warrants issued under criminal cases. All the peace, except that the City of Muskegon, if it
pleadings and proceedings in the case shall, shall appeal will not be required to give any
except as herein otherwise provided, be governed bond.
by and conform as nearly as may be to the (As amended November 2, 2021)
Editor’s note—Justice courts have been abolished. See
provisions of law in criminal cases cognizable by
MCL 600.9921, 600.9930.
justices of the peace.
Section 26. Process; issuance, return.
Section 23. Same; county jail; use
authorized. All process issued by any justice of the peace
to enforce any of the ordinances of the city shall
The City of Muskegon shall be allowed the use be directed to the chief of police of the City of
of the county jail of Muskegon County for the Muskegon or to the sheriff or any constable of
confinement of persons liable to imprisonment the County of Muskegon, and such process may
under the ordinances thereof and under any of be executed by any of said officers anywhere in
the other provisions of this Charter and the the state and shall be returned as any similar
sheriff or other keeper of the jail shall receive process issued by justices of the peace.
and keep any person committed thereto until Editor’s note—Justice courts have been abolished. See
lawfully discharged. MCL 600.9921, 600.9930.
Section 24. Ordinances, violations; plead-
ings, process.
It shall not be necessary in any suit, proceed-
ing or prosecution for the violation of any
ordinance of the city to set forth such ordinance
or any provision thereof in any complaint war-
Supp. No. 11 CHT:20
CHARTER §8
CHAPTER VIII. GENERAL FINANCE* Section 4. Receipts, delivery to city
treasurer.
Section 1. Fiscal year.
All moneys received, regardless of the source
The fiscal year of the city shall be established
from which they come, shall be paid to, the city
by ordinance adopted by the city commission.
treasurer, shall be entered in the proper fund
(Res. No. 2009-48a, 6-8-2009)
relating to the purpose for which they are designed
to be used and shall be applied only to such
Section 2. Revenue; division into specific
purpose.
funds.
The revenues of the city shall be divided Section 5. Special assessment funds, inter-
among such funds as the city commission may est, sinking fund; special
determine which shall, however, include: account required.
Contingent fund to defray contingent and
other expenses for the payment of which from All moneys belonging to special assessment
some other fund no provision is made. funds and to the interest and sinking fund shall
be kept in a single bank account separate from
Interest and sinking fund to defray
all other moneys.
expenditures for the payment of the public
debt and interest thereon.
Section 6. Transfer of funds.
Special assessment fund to defray
expenditures from moneys raised by special
No transfer shall be made from one fund to
assessments for public improvements.
another except where there is an unappropriated
balance in the contingent fund. Transfers not in
Section 3. Contemplated annual
excess of such unappropriated balance may be
expenditures; estimate, submis-
made from that fund to any other.
sion; city manager; duty.
By the dates established by ordinance adopted Section 7. Funds, insufficiency; warrants
by the city commission, the city manager shall prohibited.
submit to the city commission an estimate of the
contemplated expenditures and revenues for the No warrant shall be drawn on the city treasury
ensuing year and the city commission shall against any fund which after deducting all prior
determine the amount and purpose of the neces- warrants thereon has not a sufficient amount
sary expenditures for such year and shall adopt therein to pay such warrant.
a resolution fixing the amount of the appropria-
tion to be made therefor. Provided, however, that
the amount appropriated shall comply with Sec- Section 8. Same; Charter violation,
tion 21 of Article 10 of the State Constitution of officers; penalty.
Michigan [1904] and be based on the assessable
property of the city as established by the assess- If any commissioner shall vote for a transfer of
ment roll for the current year. funds or for the use of moneys or if the City
(As amended May 8, 1920, and September 11, Auditor or City Manager shall draw or sign any
1934; Res. No. 2009-48, 6-8-2009) warrant contrary to the provisions of this Charter,
State law references—See Art. 9, § 15 of Mich. Const. the commissioner, City Auditor, or City Manager
of 1963; mandatory requirement that Charter provide for shall be at once subject to removal from office
annual appropriation of money for municipal purposes, MCL and shall be ineligible to hold any office in the
117.3(h). City of Muskegon for the period of five years
*State law references—Revised municipal finance act, thereafter. If the City Commission shall fail to
MCL 141.2101 et seq.; uniform budgeting and accounting make such removal within thirty days after such
act, MCL 141.421 et seq. fact is known, any elector may apply to the
Supp. No. 11 CHT:21
§8 MUSKEGON CITY CODE
Circuit Court for the County of Muskegon on the ment after deducting the city's share of
law or chancery side as the case may be, to such cost. The city commission shall
compel the removal of such officer. pledge the faith and credit of the city for
(As amended November 2, 2021) the payment of such bonds, and the
special assessment when collected shall
Section 9. Payment vouchers; certification be placed in a sinking fund for their
required; warrants, signatures. payment.
(As amended May 4, 1922, November 5,
Payments by the city shall be made only on 1946, and November 7, 1950)
vouchers certified by the head of the appropriate
department or other division of the city govern- 2. To pay the city's share for the cost of
ment, and by warrants on the city treasury water mains, street and sewer improve-
issued by the city manager and countersigned by ments, not to exceed the sum of $50,000.00
the city clerk. in any one year, but no sum shall be
borrowed for such purpose in excess of 75
percent of the cost of such improvement
CHAPTER IX. BONDS nor for a longer time than ten years, and
the bonds issued therefor shall be paid at
Section 1. Bonds, issuance; city commis- maturity.
sion, authority.
3. For emergency purposes in accordance
The city commission shall borrow no money with the provisions of the Home Rule Act
and issue no bonds unless herein authorized or of the State of Michigan [MCL 117.1 et
unless authorized by the electors of the city at an seq.].
election wherein the question is lawfully submit-
4. For the renewal of bonds falling due from
ted.
time to time the payment of which at
State law reference—Authority to borrow money, MCL
117.4a. maturity is not required by this Charter
or by the laws of the State of Michigan.
Section 2. Bonds, issuance; purposes 5. To pay any judgment or decree that shall
enumerated. have been rendered against the city for
payment of which there are no available
The city commission is hereby authorized to
funds.
borrow money and issue bonds for the payment
therefor for the following purposes: 6. To defray the expenses of the city from
1. To pay for any public improvement in July first, 1920, to December thirty-first
anticipation of a special assessment law- following, if the amount levied on the tax
fully authorized at or prior to the time roll of the city for 1919, together with the
such loan is made and to be paid in receipts from all other sources shall not
installments approximately correspond- be sufficient for that purpose and to pay
ing to the installments of such assess- the existing indebtedness of the city for
ments. the payment of which no provision has
been made, not exceeding, however, the
Said bonds may be issued at the time sum of $350,000.00.
of the letting of the contract for the
improvement, if the work is to be done by Section 3. Bonds, issuance; submission to
contract, or upon the estimated cost of electors.
the improvement on the determination
by the city commission that the work The city commission may borrow money and
shall not be done by contract. The loan issue bonds therefor for public purposes, not
shall not exceed in amount the contract however, including current city expenses,
price or the estimated cost of the improve- whenever authorized so to do by a three-fifths
Supp. No. 11 CHT:22
CHARTER §3
vote of the electors of the city cast at an election the value thereof, the extent of injury received,
wherein the matter of issuing such bonds is and the amount of compensation claimed for
lawfully submitted. such damage or injury.
Annotation—The former Charter of the city contained a
provision similar to the first paragraph of the above section.
Section 4. Total bonded indebtedness, Plaintiff, who did not file the claim within six months, sued
restriction. the city for damages resulting from personal injuries received
or a defective sidewalk. It was urged that the requirement
The total amount of bonded indebtedness of for filing a claim did not apply because the plaintiff was an
the city shall at no time exceed ten percent of the infant at the time and also because the term "damages," as
used in the Charter, did not refer to damages for personal
value of the assessable property in the city as
injuries. It was held that the Charter provision applied to
shown by the tax roll for the preceding year. infants, as well as adults, and to claims for personal injuries
State law reference—Limitation on net bonded indebted- and that the plaintiff's claim was barred. See Davidson v.
ness, MCL 117.4a(2). City of Muskegon, 69 N.W. 670 (1897).
Editor’s note—The above section is superseded by MCL
691.1401 et seq.
Section 5. Bonds; sinking fund required,
exception.
Section 2. Claims; filing required, time;
The city commission shall make provision for fires, destruction of buildings.
a sinking fund with which to pay at maturity all
bonds issued by the city except serial bonds All claims for damages against the city grow-
which fall due annually. ing out of the negligence or default of the city or
State law reference—Sinking fund required, MCL any officer or employee thereof, shall be filed
117.5(g). with the city clerk within six months after such
damage shall have been sustained or injury
Section 6. Bonds; terms, forms. received, and in default thereof shall be forever
barred.
All details as to the terms and form of bonds
All claims for damages against the city
and the issue thereof shall be determined by the
occasioned by reason of the destruction of any
city commission.
building for the purpose of arresting any fire
shall be filed with the city clerk within six
CHAPTER X. CLAIMS months after the destruction of such building
and the commission in its discretion may make
such compensation thereof as it may deem just,
Section 1. Damages, claims; affidavit
but no compensation shall be paid for a loss
required, contents.
which would probably have occurred to such
No claims against the city for damages grow- building if it had not been destroyed.
State law references—Filing notice for claim based on
ing out of negligence or default of the city or any defective highway, MCL 691.1404; filing notice for claim
officer or employee thereof shall be allowed based on dangerous public buildings, MCL 691.1406.
unless it shall be accompanied with an affidavit
of the person sustaining the damage or of someone Section 3. Claims, requisites; city liability.
in his behalf having knowledge of the facts,
stating the time and place at which and the In any action in any court on any claim
cause and manner in which such damage was whatsoever, the claimant shall be required to
sustained, the facts connected therewith and the show that such claim has been duly presented in
witnesses, if any, present when the damages or the manner hereinabove provided to the city
injuries were received or sustained and in all commission for audit, investigation and allow-
claims for damage in consequence of any personal ance, and that the commission has had reason-
injury such affidavit shall also state the name of able time to investigate and pass upon it before
the attending physician, the amount of money the bringing of such action. In case, however,
paid for medical attendance, the loss of time and there shall be any defect in the claim presented
Supp. No. 11 CHT:23
§3 MUSKEGON CITY CODE
the city shall be deemed to have waived the same that law. The city clerk, city assessor and city
unless the commission shall cause notice thereof treasurer shall take notice of said law and
to be given to the claimant within 30 days after comply therewith.
the claim is filed. If the claim shall have been State law reference—The general property tax act,
filed in due time the claimant shall have ten MCL 211.1 et seq.
days after receiving notice in which to correct the
defect even if the time would then otherwise Section 2. Board of review; composition;
have expired. sessions; regulations.
State law references—Filing notice for claim based on
defective highway, MCL 691.1404; filing notice for claim
The composition of the board of review, schedule
based on dangerous public buildings, MCL 691.1406.
of meetings, the purpose of the board of review
and order of proceedings shall be as specified in
Section 4. Public ways, defects; liability; Michigan General Property Tax Act.
notice required. (Res. No. 2009-48c, 6-8-2009)
State law references—Meetings of board of review,
The City shall not be liable to any person for MCL 211.30; completion of review of assessments, MCL
injury received by the individual or the individual's 211.30a.
property in consequence of any sidewalk or
crosswalk in the City not being kept clear of Section 3. Same; meetings, notice
snow and ice, nor shall the City be liable to any required.
person for injury received by and individual or
the individual's property by any defect in or on The city clerk shall give notice to the public of
any sidewalk, crosswalk or street, unless it shall the time and place of meeting of the board of
be shown that the defect occasioning the injury review by publication in at least one newspaper
had existed thirty days prior to the injury, or published and circulated in the city at least six
unless the City had had actual notice of the days immediately preceding such meeting and
existence of said defect at least five days before also by posting three copies of such notice in each
the injury occasioned thereby was received. voting precinct in the city.
(Res. No. 2009-48b, 6-8-2009; as amended
November 2, 2021)
Editor’s note—The above section is superseded by MCL
Section 4. Annual appropriation resolu-
691.1403. tion; delivery to assessor.
On or before the date necessary in order to
CHAPTER XI. TAXATION* levy the city's and the board of education's
millage, in each year, the city clerk shall make
and deliver to the assessor a certified copy of the
Section 1. Taxation; state law.
annual appropriation resolution and of the state-
All the provisions of the General Tax Law of ment of school taxes as prepared by the board of
the State of Michigan except as herein otherwise education of the public schools of the City of
provided, shall apply to and control the assess- Muskegon filed in the city clerk's office.
ment of property and the collection of taxes in (Res. No. 2009-48b, 6-8-2009)
the City of Muskegon and the taxing officers of
the city shall have the same powers and shall be Section 5. Taxes; interest, sinking fund;
subject to the same duties as like officers under assessor, duty.
*State law reference—Mandatory requirement that
Charter provide for levy, collection and return of state,
The assessor in assessing the taxes shall place
county and school taxes in conformity with the general laws in a separate column those included in the
of the state, MCL 117.3(i). interest and sinking fund.
Supp. No. 11 CHT:24
CHARTER §8
Section 6. Taxes, due date; collection fees. of the city and the spaces above and below the
same, subject only to the laws of the state and
Collection fees, penalties and interest on taxes
limitations of this Charter, but no use thereof
shall be collected by the city treasurer in
shall be granted that shall be exclusive or
accordance with the provisions of state law.
inconsistent with the public interests.
(As amended November 8, 1994, § 2)
State law reference—Tax collections, MCL 211.44 et
seq. Section 5. Streets, paving; prerequisites.
No street shall be paved until all water pipes,
CHAPTER XII. PUBLIC WORKS AND sewer pipes and other conduits or subterranean
IMPROVEMENTS works necessary or proper for the people along
the street shall first have been laid and the city
Section 1. Public improvements; author- commission shall not allow after the laying of
ity, state law. any pavement any opening to be made therein
for the purpose of laying or connecting with any
The right to make public improvements and
such pipes or subterranean works, but at the
public works for municipal purpose and to acquire
time such works or pipes are laid suitable con-
lands therefor either within or without the city,
nections shall be installed that shall extend
by gift, purchase or condemnation, shall be
beyond the pavement.
exercised by the city commission subject only to State law reference—Permissible that Charter provides
the limitations of the laws of the state and of this for the control and use of streets, MCL 117.4h.
Charter.
State law reference—Permissible Charter provisions,
Section 6. Public improvements;
MCL 117.4e.
purchases, contracts, competi-
Section 2. Same; costs payable from the tive bids.
public funds. The city commission shall have power to make
The cost of all public improvements that benefit any public works or improvement by the employ-
the city as a whole, and the cost of paving or ment of necessary labor and the purchase of
improving street and alley intersections and necessary supplies and materials, or to do the
such portion of the cost of the construction of same by contract duly let which shall be after
water mains, main or lateral sewers, as the city competitive bidding in case the cost thereof shall
commission may determine to be just shall be exceed $500.00.
defrayed from public funds.
Section 7. City jurisdiction, boundaries.
Section 3. Same; costs, special assess-
ments. The jurisdiction of the city for all municipal
purposes shall extend over the waters of Mus-
If, in the judgment of the city commission, any kegon Lake and River within its boundaries and
such improvement made by it shall confer special over the waters of Lake Michigan adjoining the
benefit on any property in addition to that city for a distance of two miles from shore, and
conferred on the city as a whole, such part of the all process issued from any of the city courts may
cost thereof as the city commission shall consider be served within said limits.
just shall be levied as a special assessment
against such property. Section 8. Plats; lands, sale; restriction.
State law reference—Permissible Charter provisions,
MCL 117.4d(1)(a). The city commission shall have power to
approve all plats of land within the city whether
Section 4. Public ways; control, etc.; city
private or public and to prohibit and prevent the
authority.
sale of lots by use of plats in which the streets
The city shall have the power to use, control therein contained shall not conform in width and
and regulate the streets, alleys and public grounds location to the streets of the city in that locality.
Supp. No. 11 CHT:25
§8 MUSKEGON CITY CODE
State law reference—Land division act, MCL 560.101 Section 3. Same; hearing; objections,
et seq. regulations.
If at or prior to the hearing the owners of more
Section 9. Public utilities; acquisition,
than one-half of the property to be assessed shall
authority.
object thereto in writing, the improvement shall
The city shall have the power to acquire by not be made unless the commission shall
construction, purchase or condemnation, public determine by the affirmative vote of all its
utilities of all kinds and to operate and maintain members that the safety or health of the public
the same. necessitates the improvement, in which case it
State law reference—Authority to establish and oper- may be made.
ate public utilities, MCL 117.4e. State law reference—Power relative to special assess-
ments, MCL 117.4a, 117.4b, 117.4d, 117.5(e).
CHAPTER XIII. SPECIAL ASSESSMENTS* Section 4. Special assessment roll; omis-
sions; city assessor, authority.
Section 1. Charter provisions applicable. If any lot or parcel of land shall for any reason
have been omitted from the said roll or exempted
Special assessments shall be made in or partially exempted thereon, it shall neverthe-
accordance with the provisions of this chapter. less be subject to such special assessment and
the city assessor shall place on the special
Section 2. Special assessments; intention, assessment roll a fair valuation thereof cor-
notice required, contents. responding to the values of other property in the
special assessment district and such valuation
The city commission shall give notice of its shall be used for the purpose of such special
intention to make a special assessment by publica- assessment.
tion in one or more papers published and (As amended November 7, 1950)
circulated in the City of Muskegon, which notice
shall contain: Section 5. Special assessments; costs,
determination.
1. A description of the improvement for the
payment of which the assessment is to be In determining the amount of the special
made. assessment the cost of such improvement shall
include the cost of everything pertaining thereto
2. A description of the district on which the and to the making of the assessment.
assessment is to be made.
3. The portion of the cost to be paid by Section 6. Same; levy, prerequisites.
special assessment. No special assessment shall be levied before
the letting of the contract for the improvement, if
4. A statement that plans of the improve-
the work is to be done by contract, or the
ment and estimates of the cost are on file
determination by the commission that it shall
in the office of the clerk and subject to
not be done by contract.
examination.
5. The time and place where the commis- Section 7. Assessments according to front-
sion will meet to hear objections to the age or benefits.
making of the improvement and the levy- Special assessments may be made according
ing of the assessment. to frontage or benefits as the commission shall
*State law references—Notice of special assessment determine. When made according to frontage
hearings, MCL 211.741 et seq.; deferment of special assess- they shall be made by the city assessor. When
ments on homesteads, MCL 211.761 et seq. made according to benefits they shall be made by
Supp. No. 11 CHT:26
CHARTER § 14
a board of three members, one of whom shall be by the Assessor of Board of Assessors, and shall
the city assessor and the other two shall be thereupon file the roll with the Clerk who shall
members of the commission designated by the give notice of the time and place when the
commission. Commission shall review said roll and hear
objections thereto, by publishing such notice for
Section 8. Resolution required; contents. at least two successive weeks in one or more
papers published and circulated in the City of
The commission shall order a special assess-
Muskegon.
ment by resolution which shall determine whether (As amended November 2, 2021)
it is to be made by frontage or benefits, shall Editor’s note—The notice provisions in the above sec-
designate the several lots or premises to be tion are superseded by MCL 211.741 et seq.
assessed, the amount of the assessment and the
number and amount of installments, if it is to be
Section 12. Special assessment roll;
paid in installments.
review, confirmation.
Section 9. Assessments, frontage or At the time appointed or at some adjourned
benefits; regulations. meeting the commission shall review the roll and
If the assessment is to be made according to shall hear and consider all objection thereto,
frontage, each lot or parcel of land shall be whether written or oral. The commission may
assessed such relative portion of the whole amount make any correction necessary or just or may
to be levied as the frontage of such lot or parcel refer the roll back to the assessor or board of
on the improvement bears to the whole frontage assessors with directions to correct the same or
of all the lots or parcels to be assessed, provided, to make a new roll as conditions may require. If
if by reason of the shape or size of any parcel the roll shall be approved, the commission shall
such assessment may be inequitable the relative pass a resolution confirming the same and the
frontage may be changed to meet such condition. clerk shall endorse thereon a certificate showing
If the assessment is to be made according to the confirmation and the date thereof.
benefits, each lot or parcel shall be assessed such
relative portion of the whole sum to be levied as Section 13. Same; lien on premises.
shall be proportionate to the benefits of such lot
or parcel from the improvement. Special assessment shall from the date of
confirmation thereof constitute a lien on the
Section 10. Special assessment roll; respective lots or parcels of land assessed and
contents. shall be a charge against the owner thereof until
paid.
The special assessment roll shall contain an
accurate description of each parcel of land in the
special assessment district, the frontage on the Section 14. Special assessment roll;
improvement if the assessment is to be made mayor's warrant; due date,
according to frontage, the valuation of the parcel interest.
as shown by the last preceding assessment roll,
or as determined by the assessor as the case may Upon the confirmation of such roll the mayor
be, and the amount of the special assessment shall endorse thereon or attach thereto a war-
chargeable against each parcel. rant bearing date the day of confirmation, com-
(As amended November 7, 1950) manding the city treasurer to collect the several
sums thereon assessed. On all special assess-
ments unpaid more than 60 days after the date
Section 11. Same; review, notice required.
of confirmation the city treasurer shall collect
The Assessor or Board of Assessors, as the interest from the expiration of said period at the
case may be, shall attach to such special assess- rate of five percent per annum. The warrant
ment roll a certificate showing the action taken shall remain in full force and effect until the
Supp. No. 11 CHT:27
§ 14 MUSKEGON CITY CODE
special assessment is paid or until it shall be the improvement or any part thereof has been
levied on the general tax roll of the city as herein made or not, and whether any part of the
provided. assessment has been paid or not. All proceedings
on such reassessment and for the collection
Section 15. Assessed premises; apportion- thereof shall be made in the same manner as
ment. provided for the original assessment. If any
portion of the original assessment shall have
In case there shall be a change in ownership of
been paid and not refunded, it shall be applied
a portion of any of the lots or parcels described
upon the reassessment and the reassessment
on said roll, the treasurer may divide such
shall to that extent be deemed satisfied. If more
portion and allow each portion to be paid by
than the amount reassessed shall have been
itself. In case of assessment by frontage the
paid, the balance shall be refunded to the person
division shall be made in proportion to the
making such payment.
number of feet frontage. In case of assessment
by benefits it shall be made in proportion to the
area of the respective portions. Section 19. Same; court determination,
restriction.
Section 16. City treasurer duties. No special assessment shall be held invalid by
Upon receiving any special assessment roll any court by reason of the failure of the commis-
and warrant, the city treasurer shall proceed to sion to take any of the steps herein prescribed
collect the amounts assessed thereon and the before the assessment is ordered, provided the
interest, if interest is payable. notice of hearing prescribed in section two of this
chapter shall have been given and the hearing
Section 17. Unpaid special assessments; actually had, and no objections on the ground of
interest; city treasurer, duties. such failure shall have been made; nor shall any
such special assessment be held invalid by reason
Between the first and fifteenth days of October of any default of the city or its officers in the
in each year, the City Treasurer shall make making of said assessment provided the notice of
return duly certified by the City Treasurer of all the confirmation of the assessment roll shall
special assessments or installments thereof then have been given and the hearing thereof had and
in the City Treasurer's hands which are due and such objections shall not have been raised or
have remained unpaid and shall add thereto urged on such hearing.
interest at the rate of five percent per annum
from the confirmation of the roll to the first day Section 20. Unpaid assessments; action in
of December following, and the City Assessor assumpsit authorized.
shall levy and assess the same on the general
assessment roll for that year in a separate At any time after any special assessment has
column headed "Special Assessments." become due and payable the same may be col-
(As amended November 2, 2021) lected by suit in the name of the city against the
person assessed in an action of assumpsit in any
Section 18. Invalid, defective assessments; court having jurisdiction of the amount. In every
reassessment authorized. such action a declaration upon the common
counts for money paid shall be sufficient. The
Whenever the commission shall deem any special assessment roll and the certificate of the
special assessment invalid or defective for any confirmation thereof endorsed thereon and the
reason whatever, or if any court of competent warrant for the collection thereof shall be evidence
jurisdiction shall have adjudged such assess- of the regularity of all the proceedings in making
ment to be illegal for any reason whatever, the the assessment, and of the right of the city to
commission shall have power to cause a new recover judgment therefor.
assessment to be made for the same purpose for State law reference—Authority for an action in assump-
which the former assessment was made, whether sit to recover unpaid assessments, MCL 211.501 et seq.
Supp. No. 11 CHT:28
CHARTER § 26
Section 21. Same; assumpsit, defense, residence of the owner of a premises to be
limitation. affected shall not be known, service may be made
by publication in one of the newspapers of this
If in such action it shall appear that by reason
City not less than three times. In case of abate-
of any irregularity or informality the assessment
ment of nuisances or other work requiring prompt
has not been properly made against the defendant
action, such notice may be of reasonable length
or the lot or premises sought to be charged the
as the conditions may require and as the Com-
court nevertheless on proof that the expense has
mission shall determine.
been incurred by the city which is a proper
charge against the defendant or the lot or premises (As amended November 2, 2021)
Editor’s note—The notice provisions in the above sec-
in question, shall render judgment for the amount tion are superseded by MCL 211.741 et seq.
properly chargeable against such defendant or
upon such lot or premises.
Section 25. Same; costs, computation; due
Section 22. Judgments, decrees; lien, date, interest.
impairment.
The cost of such work shall include the cost of
No judgment or decree or any act of the publication, if any, and all other expenses incident
commission vacating a special assessment shall thereto, and as soon as the same is ascertained
destroy or impair the lien of the city upon the the Clerk shall certify the amount thereof to the
premises assessed for such amount of the assess- Treasurer, giving the name of the person liable
ment as may be equitably charged against the therefor and a description of the premises charge-
same or by a regular mode of proceeding might able therewith. The Treasurer shall thereupon
have been lawfully assessed thereon, nor shall give notice to the person named of the amount
the bringing of any suit by the city for such thereof, personally or by registered mail, and
assessment be deemed a waiver of such lien nor
that the same may be paid at the Treasurer's
of the right to enforce the same.
office within thirty days thereafter without
additional cost. If the same shall remain unpaid
Section 23. Land, particular parcel;
after that time the Treasurer shall charge inter-
assessment authorized.
est at the rate of six percent per annum from the
Whenever the commission shall direct the date of notice.
construction or repair of any work whereby a (As amended November 2, 2021)
particular piece or parcel of land shall be benefited,
or the abatement of any nuisance on any such
Section 26. Appeals; time, hearing; com-
piece or parcel of land and by reason of default of
mission authority.
the owner or occupant of such parcel in
performance thereof, the same has been done by
Any person interested in such assessment
the city, the expense thereof shall be a lien on
may appeal to the commission from such
such premises and may be assessed as a special
determination at any time within 20 days after
assessment on the general assessment roll of the
the service of notice by the treasurer and may
city.
petition for hearing on the same. On receipt of
such petition the commission shall appoint a
Section 24. Same; notice required, regula-
time for hearing, of which notice shall be given to
tions.
the petitioner. At the time fixed the commission
Before any such work or act shall be ordered shall hear and consider all objections that may
the Commission shall give to the parties interested be urged against the assessment and then or at
a notice of not less than fourteen days of the time some subsequent meeting shall act on the same
when they may be heard concerning the same. and shall affirm, modify or cancel such assess-
Such notice shall be in writing and may be ment, as the case may require. Such assessment
served personally or by registered mail. If the shall then be recertified to the treasurer and
Supp. No. 11 CHT:29
§ 26 MUSKEGON CITY CODE
may be paid without additional charges within
30 days after the determination by the commis-
sion.
Section 27. Unpaid special assessments;
certification to assessor, levy.
Between the first and fifteenth days of October
of each year the treasurer shall certify to the
assessor the amount of all such special charges
in the Treasurer's hands that shall have remained
unpaid for the period of thirty days and the
Treasurer shall include in said amount interest
thereon from the date the same were certified
until the first day of December following, at the
rate of five percent per annum, and the Assessor
shall levy the same on the general tax roll in a
column headed "Special Assessments" against
the person or property to be charged therewith.
No special assessment shall be declared and held
to be invalid by reason of any defect or default in
the proceeding herein prescribed provided the
notice of hearing provided for in section twenty-
four has been given or provided that the person
whose duty it was to do such work had notice or
knowledge that the same was being done by the
City of Muskegon and did not make objections
thereto before the completion of the same.
(As amended November 2, 2021)
Section 28. Railroads; land subject to
special assessments.
The lands and premises of railroad corpora-
tions within the City of Muskegon, regardless of
the use which may be made thereof, shall be
subject to special assessments as in this chapter
provided, the same as the lands and premises of
other individuals or corporations, and the owners
or lessees in control thereof shall be liable for the
payment of such special assessments the same
as are the owners of other lands.
State law reference—Authority to levy special assess-
ments for local improvements against railroad property,
MCL 211.7v.
Supp. No. 11 CHT:30
CHARTER §2
CHAPTER XIV. FRANCHISES FOR notaries public, under the United States, the
PUBLIC UTILITIES AND OTHER State of Michigan, or any municipal corporation
FACILITIES or political division thereof, and each Commis-
sioner shall before entering upon the discharge
[Section 1. Right and jurisdiction of the duties of the office and within ten days
reserved.] after receiving notice of appointment, take and
subscribe the oath of office prescribed by the
The city reserves the right and jurisdiction Constitution of this State, and file the same,
provided by the laws of the State of Michigan for duly certified by the officer administering it with
the granting, refusal, administration and revoca- the Clerk of this City. The Commission shall at a
tion by Home Rule Cities of franchises. The city meeting in January of each alternate year follow-
shall provide by ordinance for the requirements ing the appointment of the commissioner to be
and conditions pursuant to which franchises appointed at each alternate year, elect one member
may be granted, refused, administered and to act as president and one member to act as vice
revoked, concerning public utilities and other president, each for a term of two years, and until
franchisees. Franchises may be granted, refused, successor is duly elected. Two commissioners
administered and revoked pursuant to city shall constitute a quorum necessary for the
ordinance in accordance with the constitution transaction of business. The Mayor with the
and the laws of the State of Michigan. advice and consent of the City Commission may
(As amended November 4, 1997) remove a commissioner during a term of office
only upon stating in writing the reasons for
removal and allowing the Civil Service Commis-
CHAPTER XV. CIVIL SERVICE*
sioner an opportunity to be heard in public in
their own defense and to be represented by
Section 1. Board of civil service commis- counsel at any and all hearings on proceedings of
sioners; appointment, term, fill- removal from office. The Commission shall serve
ing vacancies, compensation. without salary.
The Mayor by and with the consent and advice (As amended November 2, 2021)
of the City Commission shall appoint three
persons, citizens and residents of said City, who Section 2. Powers and duties.
shall constitute and be known as the board of
civil service commissioners of such City, and The commission shall classify all the offices of
shall designate one of the persons so appointed employment; shall make rules for the examina-
to serve for a term of two years, one for a term of tion and selection of persons to fill the offices and
four years and one for a term of six years from positions in the classified service; shall supervise
the first day of January in the year of their the administration of the civil service rules, hold
appointment and until their respective succes- examinations thereunder from time to time,
sors are appointed and qualified. Each alternate giving due notice thereof, prepare and keep an
year thereafter the Mayor with the advice and eligible list of persons passing such examina-
consent of the City Commission shall appoint tions, and certifying the names of persons thereon
one person as the successor of the member whose to appointing officers of the several depart-
term shall expire to serve for six years. Any ments; shall by itself or otherwise investigate
vacancy shall be filled by the Mayor with the the enforcement of the provisions of this chapter
advice and consent of the City Commission for of the Charter, of its own rules and of the action
the unexpired term. No member shall hold any of appointees in the classified service; provided
other lucrative office or employment, except however, that the rules made by the commission
and the system in marking examinations
*Editor’s note—This chapter is an amendment adopted
November 5, 1936.
thereunder shall not be changed for a period of
State law reference—Charter may provide for a system 30 days prior to or after such examinations and
of civil service for its employees, MCL 117.4i(h). such systems of marking shall be published in
Supp. No. 11 CHT:31
§2 MUSKEGON CITY CODE
advance of such examinations and copies furnished Commission may upon written request of any
to all applicants. No credit shall be allowed for person who has previously been in the classified
experience until the applicant taking the examina- service for a continuous period of not less than
tion has at least attained the percentage fixed as three years and who shall not have been out of
the minimum. the service for more than one year, and who shall
have resigned from the service in good standing,
Section 3. Classified service; applicants, reinstate said person in the service by placing
examination required. the person at the foot of the eligible list applicable
to such kind and grade of service.
All applicants for office or positions in said (As amended November 2, 2021)
classified service, except those otherwise speci-
fied, shall pass an examination. All persons
desiring to appear for examination shall file with Section 5. Filling positions, procedure.
the commission a statement in relation to their
name, residence and post office address; their The head of any department in which a posi-
citizenship; their age, place of birth, health and tion is to be filled shall notify the commission of
physical capacity for the public service; previous that fact and in the event the position is to be
employment in the public service; business or filled by promotion from one grade of service to
employment and residence for the previous five another, then the commission shall certify to the
years and their education. appointing officer the name and address of all
employees seeking the promotion who meet the
Section 4. Eligible lists, grades; leaves, minimum qualification, but in the event that the
transfers, resignations. position to be filled is one for which no employee
may promote to the position then the commis-
From the returns of the examinations held by sion shall certify to the appointing officer the
the Commission, it shall prepare an eligible list names and addresses of all applicants meeting
for each grade or class of position in the competi- the minimum qualifications. At or before the
tive classified service of the City. The Commis- expiration of the period of probation the head of
sion shall strike off the names of candidates from the department or office in which a candidate is
the eligible list after they have remained thereon employed may, with the consent of said commis-
one year, provided however, that any list may be sion, based upon the written reasons submitted
extended by the Commission for a period of not to it, discharge the person, or the commission
exceeding one year. The Commission may upon may transfer the person to another department
the written request of any person who has with the consent of the head of such department,
previously been in the classified service for a but if not discharged prior to the expiration of
continuous period of not less than three years the period of probation, as hereinafter fixed, the
grant upon request to such person a leave of person's appointment shall be deemed completed.
absence to engage in other work of a governmental (As amended June 24, 2014; as amended
nature or character provided that the reasons for November 5, 2019; as amended November 2,
the requesting and granting of such leave of 2021)
absence are at the time of such request and Annotation—Employees of the fire department brought
permission made a part of the minutes of the an action for a declaratory judgment for construction of the
provisions of the Charter concerning the eligible list and the
proceedings of the Commission. The Commis-
effect of promotion of the person standing highest on the list.
sion may grant leaves of absence for reasons of The civil service commission argued that, after the top
health or for service in defense of country and person on the list has been promoted, the list can serve no
upon the expiration of the term of leave as fixed further purpose. The plaintiffs argued that, after the top
by the Commission or extended by it upon person is promoted, the list is still viable and the person next
in line moves up to the priority position. The Supreme Court
further application for an extension, reinstate
of Michigan adopted the latter argument as being "the clear
said person in the service in the same kind and intent" of the Charter and affirmed a decree for the plaintiff
grade of work the person was performing at the firemen. See Caswell v. Board of Civil Service Commission of
time of their request for leave of absence. The Muskegon, 25 N.W. 2d 178 (1946).
Supp. No. 11 CHT:32
CHARTER § 10
Section 6. Promotions; regulations If at any time it shall be deemed necessary by
authorized. the municipal government or any division thereof
to reduce the personnel of any department such
The commission shall provide the rides for reduction shall be had by suspending in numeri-
promotion to all offices in the classified service, cal order, commencing with the probationers, if
based upon merit, efficiency, character, conduct any, then the last appointee and continuing until
and seniority. such reduction in personnel as may be required
(As amended November 2, 2021) by the particular exigencies of the time, shall
have been made. Any increase of personnel of
Section 7. Appointive officers; civil such department to the status or number exist-
service regulations inap- ing prior to said reduction shall be by reinstating
plicable. the last employee so suspended and continuing
in numerical order until all such reinstatements
The following officers and employees shall not shall have been made.
be affected by the provisions of the civil service:
officers appointed by the city commission; direc- Section 9. Classified service, unclassified
tors of the several city departments as in this service; composition.
Charter defined.
The civil service of the city is hereby divided
Section 8. Temporary appointments; into classified and unclassified service. The unclas-
procedure. sified service shall include the several officers
and positions hereinbefore described to be excepted
To prevent the delay of special business or to from the provisions of this chapter. The classi-
meet extraordinary exigencies, the appointing fied service shall comprise all positions not
officer of each department with the approval of specifically included in this Charter in the unclas-
the civil service commission, may make temporary sified service. There shall be in the classified
appointments to remain in force not exceeding service three classes to be known as the competi-
60 days, and only until legal appointments under tive class, noncompetitive class and labor class.
the provisions of this chapter can be made, The competitive class shall include all positions
provided, however, that no person who does not and employment for which it is practical to
possess the minimum requirements for such determine the merit of applicants by competitive
position as may be prescribed by the rules of the examination. The noncompetitive class shall
civil service commission shall be permitted to consist of all positions requiring peculiar and
serve in such temporary positions. No person exceptional qualifications of a scientific, manage-
shall receive more than one temporary appoint- rial, professional or educational character as
ment in any one fiscal year. In case of an may be determined by the rules of the civil
emergency or in the event of the necessity for service commission. The labor class shall include
filling such positions created by an emergency, ordinary unskilled labor.
an appointment may be made of not to exceed 30
days duration, which appointment shall be Section 10. Classified service; discharge,
immediately reported to the Civil Service Com- suspension, reduction in rank,
mission. compensation; hearing
required.
An appointment or promotion shall not be
deemed complete until a period of probation of No employee under the classified service shall
not to exceed six months has elapsed and a be discharged or reduced in rank or compensa-
probationer may be discharged or reduced at any tion until the employee has been presented with
time within said period of probation upon writ- the reasons for such discharge or reduction
ten recommendation of the department head specifically stated in writing, and has been given
with the advice and consent of the civil service an opportunity to be heard in their own defense
commission. and any counsel retained by the employee may
Supp. No. 11 CHT:33
§ 10 MUSKEGON CITY CODE
present the employee's cause to the Civil Service Section 13. Present employees; appoint-
Commission. The reasons for such discharge or ments, eligibility; examina-
reduction and any report in writing thereunder tions waived.
by such employee shall be filed with the Civil
All persons in the employ of the city holding
Service Commission. Any employee of any depart-
positions in the classified service at the time of
ment in the classified service who is suspended,
the going into effect of the Charter as such
reduced in rank or dismissed, may appeal to the
services are defined by this chapter of the Charter,
Civil Service Commission which shall designate
are hereby declared eligible for permanent
the manner, time and place by and at which such
appointment without examination or other act
appeal shall be heard. All hearings before the on their part.
said Civil Service Commission shall at all times
be open to the public. In the event that the Civil
Section 14. Political, religious, etc.,
Service Commission shall not sustain the charges
beliefs; discrimination
made against such employee, the said employee
prohibited.
shall thereupon be entitled to resume his posi-
tion and to receive compensation for the time No discrimination shall be exercised, threatened
lost. or promised to any person coming under the
(As amended November 2, 2021) provisions of this chapter of the Charter because
of their political or religious opinions, beliefs or
affiliations.
Section 11. Civil service commission;
(As amended November 2, 2021)
members; gifts, compensation,
etc.; prohibited.
Section 15. Department payrolls; delivery
to commission.
No member of the civil service commission
shall receive any money or other valuable The commission shall be furnished by each
consideration from any candidate for appoint- department under its jurisdiction with a copy in
ment, for examination or from any other person duplicate of each payroll on the day designated
for or on account of said candidate, nor shall any by the commission, and the commission shall
officer or employee of the city be permitted to examine such copies to determine if all the
give either directly or indirectly to any person names and no other names are on said payroll
any money or other valuable consideration than those on the active list and that they have
whatsoever for, or on account of his promotion. been properly certified by the commission.
Section 12. Personnel director; appoint- Section 16. City commission; civil service,
ment authorized; compensa- maintenance; annual
tion, restriction. appropriation required.
The city commission shall appropriate each
The Civil Service Commission may appoint a year a sufficient sum to carry out the several
personnel director who shall act and serve under provisions of the chapter of the Charter.
the direction of said Commission and at the
pleasure of such Commission, and such person- Section 17. Conflicting provisions
nel director may be an employee in the municipal repealed.
service. The salary of such personnel director, if
taken from other than a municipal service, shall Any provisions of any chapter or section thereof
be fixed by the Commission, but if taken from of the Charter of the City of Muskegon which
the municipal service, shall fill the duties of may be found to be in conflict with any of the
personnel director without other compensation provisions of this chapter and the several sec-
than that paid in their other employment. tions thereof or inconsistent therewith are hereby
(As amended November 2, 2021) repealed.
Supp. No. 11 CHT:34
CHARTER § 1a
CHAPTER XVI. RETIREMENT SYSTEM Section 4. Repeal of former sections 5 to
FOR THE EMPLOYEES OF THE CITY OF 38 and conflicting provisions.
MUSKEGON EXCLUSIVE OF
POLICEMEN, FIREMEN, ET AL* Sections 5 to 38, both inclusive, of chapter XVI
of the Charter of the City of Muskegon are
Section 1. Employee retirement system to hereby repealed. All provisions of the Charter
be provided by ordinance. inconsistent with the provisions of this Charter
amendment are hereby repealed to the extent of
A complete retirement system shall be provided such inconsistency. The adoption of this Charter
for the employees of the City of Muskegon, amendment shall not be construed as reenacting
exclusive of policemen and firemen, by general any Charter provisions heretofore repealed by
ordinance. The benefits applicable to the members said chapter XVI.
of the Charter retirement system at the time of
the adoption of this Charter amendment shall
not be diminished by the ordinance retirement Sections 5—38. Reserved.
system.
Section 39. Amendment; effective date.
Section 2. Administration board of
trustees. The 1956 amendments to chapter XVI (sec-
tions 1 through 39) of the City Charter shall
The retirement system shall be administered become effective as of the social security date.
by a board of trustees consisting of:
(1) Two members of the city commission to CHAPTER XVII. MISCELLANEOUS
be selected by the commission, to serve
at the pleasure of the commission.
Section 1. Trades, occupations, amuse-
(2) The city manager by virtue of his office. ments; regulations, licenses,
expiration date.
(3) A citizen who is an elector of the city, to
be appointed by the mayor with consent The city commission may regulate and license
of the city commission. trades, occupations and amusements within the
(4) Three members of the retirement system city boundaries and prescribe the terms and
to be elected by the members of the conditions of such licenses, but every license
system under such rules and regulations shall terminate on or before May first after it is
as the board of trustees shall from time granted.
State law reference—Authority to regulate trades and
to time adopt, provided that no more
business, MCL 117.4i(d).
than one such trustee shall be from any
one city department.
Section 1a. Employees; life, health,
Section 3. Effective date. accident benefits.
The effective date of this Charter amendment The city commission shall be authorized to
shall be January 1, 1976, but Chapter XVI of the provide group life, health and accident and/or
Charter as it existed at the time of the adoption hospitalization insurance, including surgical and
of this amendment shall continue in full force medical expense and dependent coverage, for
and effect until the enactment by the city com- city employees, either with or without participa-
mission, and the taking effect of the ordinance tion in the cost thereof by said employees, and to
provided for in Section 1 hereof. appropriate the necessary funds therefor.
(As amended November 4, 1952)
*Editor’s note—This chapter is an amendment adopted State law reference—Authority to provide employee
November 5, 1946, as amended August 7, 1975. accident and death benefits, MCL 117.4i(h).
Supp. No. 11 CHT:35
§2 MUSKEGON CITY CODE
Section 2. Streets, alleys; plan. so fixing the hours of employees engaged on
work for which such contract provides, provided
It may make a plan of streets and alleys
however, that this section shall not apply to city
within its limits and for a distance of three miles
officers nor boards and that the city commission
beyond and require all streets and alleys laid out
and dedicated to the public within the territory may by ordinance fix the working time of the
covered by such plan to correspond therewith. city's clerical force and the members of the fire
State law reference—Authority to make a plan for department.
streets and alleys, MCL 117.4h.
Section 7. City litigation; bonds, not
Section 3. Zoning.
required.
It may prescribe by ordinance districts within
the city which shall be used only for residence In case the city shall take an appeal in any
purposes and residence districts within which a court or shall cause a writ of error to be issued in
limited amount of business to be fixed by the its behalf in any suit brought by or against the
ordinance may be allowed and districts within city it shall not be necessary in order to perfect
which business, trades and occupations may be such appeal or to stay proceedings upon any
carried on, and make reasonable regulations judgment or decree for the city to execute any
concerning the same. bond or other undertaking.
State law reference—Authority to provide for zoning
districts, MCL 117.4i(c).
Section 8. City council; continuance in
Section 4. Buildings; construction, repair; office; successors.
building lines.
The existing council at the time this Charter
It may regulate the construction and repair of takes effect shall continue in the administration
buildings within the city and establish building of the city's affairs under the prior Charter until
lines. the first day of January, 1920, and the then
existing officers and employees of the city shall
Section 5. Real estate taxes; indigent continue to perform the duties of their respective
persons; payment, requisites. positions until their successors are chosen and
It may pay the real estate taxes of any person qualified.
who in the judgment of the commission is too
poor to pay the same, but in all cases where the Section 9. Initial election under Charter,
commission shall pay such taxes it shall take requisites.
and retain a mortgage lien upon the land against
which the taxes are assessed, the form of which The council in office at the time of the adop-
shall be determined by the city attorney, and
tion of this Charter shall make all necessary
which shall take precedence over all subsequent
arrangements in accordance with the provisions
transfers or incumbrances and shall be recorded
hereof for the first election under its provisions
and enforced as other mortgages.
which shall be held on the fourth day of November,
A.D., 1919, and shall appoint temporary inspec-
Section 6. Employees, contractors; work-
tors of registration and election therefor and
ing hours; ordinance
shall meet and canvass the votes cast at such
authorized.
election in place of the board of election commis-
Eight hours per day (48 hours per week) shall sioners and shall do everything in that regard
constitute the regular working time for all persons prescribed by this Charter to be done by such
engaged in work for or sublet by the city and election commissioners or the city commission;
every contract involving the hiring of help to be provided, however, that the ballots shall be
employed on city work shall contain a provision prepared by the city recorder.
Supp. No. 11 CHT:36
CHARTER Ch. XX, § 1
Section 10. Previous Charter; superseded Amendment are hereby repealed to the extent of
by this Charter; saving clause. such inconsistency. The adoption of this Charter
Amendment shall not be construed as reenacting
This Charter shall supersede the existing any Charter provisions heretofore repealed by
Charter of said city but all rights and rights of said chapter XIX.
action now existing, all suits in course of prosecu- (As amended August 7, 1973)
tion for or against the city under the former act
of incorporation shall remain unimpaired and all Section 3. Effective date; continuation of
taxes levied and uncollected shall be collected existing system until ordinance
the same as if this Charter had not been adopted adopted.
and in case the course of proceeding provide for
in this Charter shall differ from that in the one The effective date of this Charter Amendment
which it supersedes, either method may be fol- shall be January 1, 1974, but chapter XIX of the
lowed, it being the intention that no rights of any Charter as it existed at the time of the adoption
name or nature in existence at the time of the of this Amendment shall continue in full force
adoption of this Charter shall be lost or and effect until the enactment by the city com-
jeopardized. mission, and the taking effect of the ordinance
provided for in section one hereof.
(As amended August 7, 1973)
CHAPTER XVIII. RESERVED*
CHAPTER XX. CHARTER PARK LANDS
CHAPTER XIX. POLICEMEN AND
FIREMEN RETIREMENT SYSTEM† [Section 1. Establishment.]
The city commission may establish, by resolu-
Section 1. To be established by ordinance; tions from time to time, on lands in the city
existing benefits not to be owned by it in fee simple, parks and park land, to
diminished. be called Charter Parks. A resolution establish-
A complete retirement system shall be provided ing such Charter Park or Parks shall contain the
for policemen and firemen of the City of Mus- complete legal description of the land to be
kegon, by general ordinance. The benefits included, and shall refer to the City Charter as
applicable to the members of the Charter Retire- constituting the authority for such establish-
ment System at the time of the adoption of this ment. Upon the final adoption of such resolution
Charter Amendment shall not be diminished by it shall be certified and recorded at the register
the Ordinance Retirement System. of deeds, in addition to any other required public
(As amended August 7, 1973) notice. Thereafter, land established by any such
resolution as a Charter Park shall not be sold,
mortgaged, transferred or conveyed by the city
Section 2. Repealer.
except with the approval of the majority of the
Sections 2 to 45 both inclusive of chapter XIX electors voting at an election held in the city. The
of the Charter of the City of Muskegon are establishment of a Charter Park by this method
hereby repealed. All provisions of the Charter shall be irrevocable. The city commission may in
inconsistent with the provisions of this Charter its discretion prescribe that public notice shall
be given, and direct the form thereof, before
*Editor’s note—This chapter was adopted April 1, 1935, consideration of any such resolution. This provi-
and amended November 6, 1956, and related to the municipal sion shall not prevent other lands from being city
court. It has been omitted, since such courts have been
abolished by MCL 600.9921.
parks or park land.
†Editor’s note—This chapter was adopted November 7, (Added August 4, 1998)
1944, and originally set out the retirement system in detail.
The amendment of August 7, 1973, amended the chapter to
read as set out herein.
Supp. No. 11 CHT:37
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