The City shall possess and hereby reserves unto itself all the
powers granted to cities by statute and the constitution to acquire,
own, operate, improve, enlarge, extend, repair and maintain either
within or without the corporate limits any public utility, including,
but not by way of limitation, public utilities for supplying communications
services, water, light, heat, power, gas, sewage treatment and garbage
disposal facilities. All municipally owned utilities, if any, shall
be administered as separate agencies of the City government under
one or more department heads appointed by the Council. Such agencies
shall serve at the discretion of the Council.
The City may acquire any public utility, if the acquisition
to acquire such public utility shall have first received an affirmative
vote of 3/5 of the qualified electors of the City voting thereon at
any regular or special election; provided, however, that only those
works, improvements and utilities designated for use for the supplying
of water, heat, light, power, communication services and transportation
to the municipality and the inhabitants thereof shall be deemed public
utilities falling within the restriction of this section. The question
of raising the money required for such purpose by borrowing and issuing
the bonds of the City may be submitted at the same time, either as
an independent question or as part of the same question.
The Council shall have the power to fix and set the rates. There
shall be no discrimination in such rates within any classification
of user, nor shall any service performed be free. The City may participate
in joint authorities, commissions or other entities to secure the
providing of these services.
All municipal public utilities shall be established by ordinance.
Each ordinance will set forth all rules and regulations needed to
effectively operate the utility, including the rates and charges for
a utility's services. They will also include the terms and conditions
under which the City may discontinue a utility and enforce its directions.
The City shall not have the power to sell, exchange, lease,
or in any way dispose of any property, equipment, privilege, or asset
belonging to any municipally owned public utility, if any, that may
be needed to continue the operation of the utility, unless and except
the proposition for such purpose shall first have been submitted at
an election held for that purpose in the manner provided by this Charter
and approved by at least three-fifths affirmative votes of the voters
voting thereon. The restrictions of this section shall not apply when:
The Council, subject to the applicable provision of law and
this Charter, may authorize the borrowing of money for any purpose
within the scope of the powers vested in the City and the issuance
of bonds of the City or other evidence of indebtedness therefor under
the full faith, credit and resources of the City for the payment of
the obligations created therefor.
The Council shall, subject to applicable provisions of the general
laws of the state, have authority to borrow money in anticipation
of the payment of special assessments made for the purpose of defraying
the cost of any public improvement, or in anticipation of the payment
of any combination of such special assessments, and to issue bonds
therefor. Such special assessment bonds shall be both an obligation
of the special assessment district and a general obligation of the
City. All collections on each special assessment roll, to the extent
that the same are pledged for the payment of the principal of, and
interest on, bonds issued in anticipation of the payment thereof shall
be set apart in a separate fund for the payment of such principal
and interest and shall be used for no other purpose.
The City shall have power to issue revenue bonds or other types
of bonds in the manner and for the purposes permitted by the Constitution
and general laws of the State of Michigan.
