CHAPTER 7: CITY LEGISLATION

Section 7.1 Ordinance Enactment:

   All legislation of the City of Imlay City shall be by ordinance or by resolution. The word “resolution” as used in this charter shall be the official action of the Commission in the form of a motion, and such action shall be limited to matters required or permitted to be done by resolution by this charter or by state or Federal law and to matters pertaining to the internal affairs or concerns of the city government. All other acts of the Commission, and all acts carrying a penalty for the violation thereof, shall be by ordinance. Each ordinance shall be identified by a number and a short title. Each proposed ordinance shall be introduced in written or printed form. The style of all ordinances passed by the Commission shall be, “The City of Imlay City Ordains.” Except in the case of ordinances which are declared by the Commission to be emergency ordinances, no ordinances shall be finally passed by the Commission at the same meeting at which it is introduced. No ordinance shall be revised, altered or amended by reference to its title only, but the section or sections of the ordinance revised, altered or amended shall be reenacted and published at length and all ordinances, when enacted shall be immediately recorded by the Clerk in a book called “The Ordinance Book;” and it shall be the duty of the Mayor and Clerk to authenticate such record by their official signature thereon.

   An ordinance may be repealed only by an ordinance passed in the manner provided in this section except that the ordinance to be repealed may be referred to by its number and title only.

Section 7.2 Penalties:

   The commission shall provide in each ordinance for the punishment of those who violate its provisions. No punishment for the violation of any City ordinance or for the commission by any officer of the City of any act declared by this Charter to constitute misconduct in office shall exceed a fine of Five Hundred Dollars ($500.00) or imprisonment for 90 days, or both in the discretion of the court, except that any officer of the City found guilty of any act declared by this Charter to constitute misconduct in office, shall, in addition to such fine or imprisonment, or both, forfeit his office.

Section 7.3 Publication of Ordinances:

   Each ordinance passed by the Commission shall be published at least once within fifteen (15) days after its adoption by the Commission. All ordinances of the city shall become effective immediately upon the publication thereof, unless a date upon which an ordinance shall become effective, which is subsequent to the date of the publication thereof, is specifically provided in the ordinance itself. The publication of any ordinance in full after its final passage as a part of the published proceedings of the Commission shall constitute publication of such ordinance as required herein.

Section 7.4 Special Procedure on Vote on Certain Commission Actions:

   (a)   Action to vacate, discontinue or abolish any highway, street, lane, alley or other public place, or part thereof, shall be by resolution. After the introduction of such resolution and before its final adoption, the Commission shall hold a public hearing thereon and shall publish notice of such hearing at least one week prior thereto.

   (b)   The following actions shall require the affirmative vote of five members of the Commission for the effectiveness thereof;

      (1)   Vacating, discontinuing or abolishing any highway, street, lane, alley or other public place or part thereof;

      (2)   Leasing, selling or disposing of any city-owned real estate or interest therein;

      (3)   Condemning private property for public use;

      (4)   Creating or abolishing any office;

      (5)   Appropriating any money;

      (6)   Imposing any tax or assessment;

      (7)   Reconsidering or rescinding any vote of the Commission.

Section 7.5 Technical Codes:

   Ordinances and codes may be enacted by reference to the extent and in the manner provided by state law and more specifically set forth in 117.3 (K) Michigan Compiled Laws.

Section 7.6 Franchise and Contracts:

   Every ordinance or resolution granting any franchise or right to occupy or use the streets, highways, bridges, or public places in the city for any purpose shall be complete in the form in which it is finally passed, and remain on file with the Clerk for public inspection for at least one (1) week before the final passage or adoption thereof. The city shall not have power to grant any exclusive right or privilege under the government of the City.

Section 7.7 Compilation:

   (a)   Copies of all ordinances enacted and amendments to the city charter adopted after the effective date of this charter shall be available at the office of the Clerk.

   (b)   Within two (2) years after the adoption of this charter and at least once in every ten (10) years the Commission shall direct and complete the compilation or codification and the publication of the charter and of all ordinances of the city then in force, in loose-leaf or pamphlet form, and may provide for a reasonable charge for copies thereof. No further publication of any such compilation or codification shall be required for the validity thereof. In case the compilation or codification of the ordinances of the city shall have been maintained current and up-to-date during any ten (10) year period, no re-compilation or re-codification of the ordinances of the city shall be required during or at the end of such period.

   The copies of ordinances and of any compilation, code, or codes referred to in this charter may be certified by the Clerk, and, when so certified, shall be competent evidence in all courts and legally established tribunals as to the matters contained therein.