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