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Contracts for
public work in excess of
five thousand dollars.
267. Section
1. Any public work or
improvement costing more than five thousand dollars ($5,000.00) shall be executed by contract, except where a
specific work or improvement is authorized by the council, based on detailed estimates
submitted by the department authorized to execute such work or improvement. Contracts shall be
awarded to a responsible bidder after one week's notice by publication in one or more of
the newspapers of the city that sealed proposals for performance of the work are required. The
city shall have the right to reject any and all bids and to advertise again, and all
advertisements shall contain a reservation of this right. (Res. of 1-7-91, § 1)
Plans and drawings of public improvements to be submitted.
268.
Section
2. No public improvement
costing more than five thousand dollars ($5,000.00) shall be contracted for or commenced until drawings,
profiles and estimates for the same shall have been submitted to the council, or the proper
administrative department, and approved by it. Such drawings, profiles and estimates, or copies
thereof, shall thereafter remain on file in the office of the city clerk for public inspection. (Res.
of 1-7-91, § 1)
Employee pensions.
269.
Section
3. The council may by
ordinance, provide for pensioning persons injured by violence, accident or exposure while employed
by the city in the fire or police departments, when such injuries arise out of or in the
course of such employment; also for the dependents of the person killed while so employed,
subject to such rules and regulations as the council may prescribe.
Workmen's compensation.
269-A.
Section
3-A. The council shall,
by ordinance, establish and maintain a system of compensation for the employees of the city
coming under the provisions of the Workmen's Compensation Laws of the State of Michigan
and their dependents, in the case of the disability, injury or death of such
employee, which system of compensation shall include the maintenance of a fund to
defray the expenses thereof; out of which no monies shall be expended or disbursed
except for the administration of such system of compensation. The minimum standards for
such system of compensation shall comply with the standards set by the
Workmen's Compensation Act of the State of Michigan. Such ordinance, whether
existing at the time of the adopting of this section or thereafter enacted, may be
amended or revised from time to time, or a new ordinance may be substituted therefor, as
the best interests of the city and the requirements of such system of compensation
demand, but no such amendment, revision or substitution shall destroy the
existence of such plan of compensation or alter it or the fund established so that
it will not meet the minimum requirements which are established herein. In case that
the annual earnings of the accumulated funds shall equal the average cost of
operation of the prior three (3) years' experience, then the workmen's compensation board
of the city shall be empowered to cancel the annual contribution requirements
to the said fund during that eriod and in case the earnings of the accumulated funds
shall equal sixty-five (65) per cent of the average cost of operation of the prior three
(3) years' experience, the workmen's compensation board of the city may reduce the
annual requirement to the said fund during that period by an amount equal to the
earnings of said fund. Editor's note—The above paragraph was added by an
amendment approved by the electorate on April 6, 1942 by a vote of 2757 to 794.
State law reference—Charter may provide for workmen's
compensation, MCL § 117.4i(8), MSA § 5.2082(8).
Definitions.
270.
Section
4. Where the following
specified words are used herein they shall be construed to mean as follows:
"State" shall mean the "State of
Michigan."
"City" shall mean the "City of
Wyandotte."
"Clerk" shall mean the "city clerk,"
unless from the context the contrary shall plainly appear.
Words of the singular number only, may extend to and
embrace the plural number and words of the plural number may be applied and limited
to the singular number. Words imparting the masculine gender only, may extend to
and be applied to the feminine gender.
Words purporting to give joint authority to two (2) or
more public officers or other persons either as a board or otherwise shall be construed
as giving such authority to a majority of such officers or other persons unless it shall
be otherwise expressly declared.
The word "person" may extend and be applied to
bodies, politic and corporate as well as individuals.
The words "written" and "in writing"
may be construed to include printing, engraving, typewriting and lithographing, except that this
rule shall not apply to provisions requiring written signatures, unless it be
otherwise expressly herein provided.
Severability.
271. Section
5. Should any portion of
this charter be declared void, illegal or unconstitutional, such finding shall not invalidate the
remainder of the charter.
Notice of personal injuries.
272.
Section
6. The city shall not be
liable for un-liquidated damages for personal or other injuries, unless the person suffering the injury
or sustaining the damage, or someone in his behalf, shall serve a notice in writing
upon the city, within sixty (60) days after such injury shall have occurred, which notice
shall specify the location and the nature of the defect, the injury sustained and the
names of the witnesses, as to the fact of the happening of the accident complained of, which
are known at that time by said claimant. The failure to so notify the city within
the time and hi the manner specified herein shall exonerate, excuse and exempt the
city from any and all liability on account of any such injury. Service of all process and
notice of claims for un-liquidated damages against the city shall be made on the
mayor or clerk.
City not to own stock.
273.
Section
7. The city shall not
become the owner or holder of stock or shares in any incorporated or unincorporated company.
Affidavit of publishing or posting to be prim a facie
evidence.
274.
Section
8. When, by the
provisions of this charter, notice of any matter or proceeding is required to be published or posted, an
affidavit of the publication or posting of the same, made by the printer of the newspaper
in which the same was inserted, or by some person in his employ knowing the
facts if such notice was required to be made by publication, or by the person posting the
same, when required to be by posting, shall be prima facie evidence of the facts
therein contained, provided, the same shall be filed with the city clerk within six (6) months
from the date of the last publication thereof, or of posting the same.
Collection of old unpaid special assessments.
275.
Section
9. In cases where a
special assessment has been made by authority of and confirmed by the city commission of the City of
Wyandotte, and the same or some part thereof shall not have been collected when this
charter shall take effect, the city, as hereby reincorporated shall have authority to
enforce the payment thereof, and the same proceedings may be had therefor as are provided
in this charter.
Licenses to remain in force.
276.
Section
10. All licenses granted
by the city under its former act of incorporation shall be and remain in full force and virtue
until the expiration of the time for which they are granted.
Freeholder defined.
277.
Section
11. The word
"freeholder" is, for the purpose of this charter, hereby defined to mean any person holding an inheritable interest
in lands situated in the City of Wyandotte under a deed, either individually or
jointly or by the entireties or under land contract by which such person is purchasing
land situate in said city, either individually or jointly with another or others or
by the entireties. Any person possessing the qualifications of a freeholder as herein
defined shall be deemed to be an owner of property for the purpose of complying with any
provisions of this charter.
Approval of plats required.
278.
Section
12. No lands or premises
shall hereafter be laid out, divided and platted into lots, streets and alleys, within the city,
except by permission and approval of the council by resolution passed for that purpose; nor
until the proprietor shall file with the city clerk a correct survey, plan and map of such
grounds and the subdivisions thereof platted and subdivided as approved by
the council, and made to
their satisfaction; showing also the relative position and
location of such lots, streets
and alleys with respect to the adjacent lots and streets
of the city; nor shall any such plat and dedication of the streets and public grounds
thereon be recorded in the office of the register of deeds of the county in which the city
is located until a certificate has been endorsed thereon by the city clerk, under the seal of
the city, showing that such
plat and dedication has been approved by the council; nor
shall the city by reason of such approval, be responsible for the improvement, care
and repairs of such streets and
alleys excepting such as the council shall accept and
confirm by ordinance or resolution as in this charter provided.
Submission and adoption of charter.
279. Section
13. This charter shall be
submitted to the electors of the City of Wyandotte for their approval or rejection on the second
day of March, A.D. 1926. Prior to such submission this charter shall be published once in
the Wyandotte Herald, a newspaper published and circulated in said city, at least
thirty (30) days before the
second day of March, A.D. 1926. If adopted, this charter
shall take effect on the fifth day of March, A.D. 1926, provided that all officers and
boards now existing shall
continue their official duties and retain all their
official powers until the second Monday of April, 1926, at 12:00 noon Central Standard
time, except as herein, otherwise specified, and in case of appointive officers
until their successors, if any, to whom their respective duties are committed under this
charter shall have been selected and shall qualify according to this charter, whereupon
their respective duties, powers and compensation shall cease an determine. The term of
office of all appointive officers
for whom no successors have been provided for in this
charter or whose duties have
not been retained and provided for in this charter shall
terminate and cease upon the third Monday of April, 1926.
Existing officers to comply with charter.
280. Section
14. It shall be the duty
of the mayor, the city commission and the city clerk in office when this charter takes effect to
comply with all the requirements of this charter relating to nominations and election to the
end that all things may be
done necessary to the nomination and election of the
officers first to be elected under
this charter according to the provisions hereof.
Wyandotte, Michigan,
November 25, 1925
Resolution by Commissioner Van Alstyne
RESOLVED: That the Charter Commission of the City of
Wyandotte does hereby adopt the foregoing proposed city charter as presented at
this meeting and that the clerk is hereby instructed to submit the same to the
Governor of the State of Michigan in accordance with the provisions of the Statute, for his
approval.
The above resolution was presented at the meeting of said
Charter Commission held on November 25, 1925, and on motion of Commissioner
Van Alstyne, second by Commissioner Cramer, it was voted to adopt the same, the
following being the vote thereon:
Yeas: Commissioners Clare F. Allan, Thomas E. Benjamin,
Charles H. Block, John C. Cahalan, Jr., John Clements, Joseph Cramer, Joseph S.
Laczynski, John J. Marx and Fred E. Van Alstyne.
Nays: None.
Absent: None.
EDWARD C. BRYAN,
City Clerk and Clerk of the Charter
Commission of the City of Wyandotte.
Countersigned—
Charles H. Block, Fred E. Van Alstyne, Joseph Cramer,
Clare F. Allan, John C. Cahalan, Jr., John Clements, Joseph S. Laczynski, Thomas
E. Benjamin, John J. Marx.
I hereby approve the foregoing provisions of the revised
charter of the City of Wyandotte.
Dated: November 28, 1925.
ALEX J. GROESBECK,
Governor of the State of Michigan,
Wyandotte, Michigan
November 25, 1925.
I, Edward C. Bryan, Clerk of the City of Wyandotte, County
of Wayne, State of Michigan, and ex officio Clerk of the Charter Commission
of said city, do hereby certify that the foregoing is a true copy of the minutes,
and each and every part thereof spread upon the journal of said Charter Commission at its
meeting held on the 25th day of November, 1925, that I have duly compared the same
with the said original and that it is a true copy of the whole and each and every
part thereof, and I do further certify that the following named persons are the same
persons mentioned in said minutes and are all the persons constituting the
membership of said Charter Commission.
Clare F. Allan, Thomas E. Benjamin, Charles H. Block, John
C. Cahalan, Jr., Joseph Cramer, John Clements, Joseph S. Laczynski, John J.
Marx and Fred E. Van Alstyne.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the official corporate seal of the City of Wyandotte this 25th day of
November, 1925.
EDWARD C. BRYAN,
City Clerk
STATE OF MICHIGAN,
COUNTY OF WAYNE,
ss.
Wyandotte, Michigan,
November 28, 1925.
I, Edward C. Bryan, City Clerk of the City of Wyandotte,
do hereby certify that the foregoing charter was filed in my office on the 28th day
of November, 1925, at 12 o'clock M.
EDWARD C. BRYAN,
City Clerk
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