The Commission may, from time to time, establish and divide election precincts within the City in accordance with the General Laws of the State, or in accordance with any provisions of this Charter applicable thereto, provided, however, that when such precincts are established within the City, they shall be numbered by the Commission.
Any public work or improvement costing more than an amount authorized by the City Commission by resolution adopted at the same time the annual budget is approved, and executed by contract, shall be awarded to a responsible bidder in competition. Bids for such contracts shall be opened not less than three days after advertisement therefore[1] in some newspaper published and circulating in the City, but the Commission shall have power to reject any or all bids and to advertise again, and all advertisements shall contain reservation of this right. Provided, that where the Commission is not satisfied with the bids obtained, it may authorize the doing of such work under the direction of the Manager.
[1]
Editor's Note: So in original.
Every contract shall reserve to the City the right, when it shall become satisfied that the work provided for in any contract will not be completed within the time limited, to furnish additional labor and material if necessary, and render such other assistance as it may deem advisable, for the completion of such contract, at the expense of the contractor, and retained by the City out of the contract price or recovered by legal proceedings.
Every contract to which the City is a party shall reserve to the City the right to determine finally all questions as to the proper performance of such contract, or any unfinished portion thereof, and in case of the improper, dilatory, or imperfect performance thereof, to suspend the work any time and to order the partial or the entire reconstruction of the same; and whenever because of unreasonable delay in the work or for other just cause it shall declare such contract forfeited, it may complete or re-let the work covered by such contract or any unfinished portion thereof. Power is hereby given the City to determine all such questions arising under any such contract, according to the true intent and meaning thereof.
When it becomes necessary in the prosecution of any work or improvement under contract to make minor alterations or modifications of such contracts or the plans and specifications thereof, such alterations, changes, or modifications shall be made only on the written order of the Manager.
No such order shall be made until the price to be paid for the work or material or both, and the credits, if any, to be allowed by the City under the altered or modified contract, shall have been agreed upon in writing and signed by the contractor and by the Manager.
Upon the completion of any public work or improvement, wherein a bond for construction or maintenance has been furnished, the Manager shall, before the payment of the final estimate or balance due thereon, file with the Clerk and the City Attorney a written report, certifying whether such work or improvement has, in his or her judgement, been done in all respects in accordance with the construction specifications. Provided such report shall not waive any right of the City to later complain of noncompliance with such construction specifications.
It shall be the duty of the Manager, annually, during the life of all maintenance bonds given to the City, upon public works or improvements, to report in writing to the Commission the defects and costs of repair and maintenance of such work or improvements.
[Amended and adopted 11-3-2015]
The City Commission may require any contractor to furnish a surety bond or bonds for the faithful performance of any contract with the City up to and including $50,000, as adjusted hereafter for inflation, but the City shall require a surety bond or bonds, to be approved by them, for the faithful performance of any contract with the City, in excess of the sum above specified.
It shall be the duty of the Commission promptly to institute appropriate proceedings, on behalf of the City, whenever there shall have been default in complying with such construction or maintenance specifications.
[1]
Editor's Note: Former Chapter Fourteen, Section 11, which provided that any public improvement costing over $1,000 was to be approved by the Commission, was repealed 7-24-2017.
No member of the Commission, the Manager, or any other officer or employee of the City, shall be personally interested in any contract with or for the City, nor in the expenditures of any money on the part of the City, and every such contract shall be void.
The Commission shall have the power to hold hearings and to compel, by subpoena, the attendance of witnesses and the production of books, papers, and data in any proceedings or hearing pending before it. The form of the subpoena shall be prepared by the City Attorney. The Commission shall provide, by ordinance, for the punishment of any person who, having been personally served with subpoena, willfully disobeys same. Such subpoena may be served by any person of lawful age. Each witness shall be entitled to receive the same fees for attendance as is provided by law for the payment of witness fees in the Circuit Courts of this State.
The said Commission may by resolution or ordinance prescribe the method to more effectively carry out the foregoing provisions.
The City Commission 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.
The Commission shall have the power to prescribe by ordinance, limits or districts to be known as "Fire Limits" and to prescribe the construction of buildings therein, both as to kind of material and type of construction; to prohibit within such limits or districts, as it shall deem expedient, the location of shops, factories, the prosecution of any trade or business, the keeping of lumber yards, the storing of lumber or other easily inflammable and explosive material in any place, when in the opinion of the Commission the danger from fire is thereby increased, and may pass and enforce such other ordinances and regulations as it may deem necessary for the prevention and suppression of fires.
The City shall not be liable for unliquidated damages for personal or other injuries, unless the person suffering the injury or sustaining the damage, or someone in his or her behalf, shall serve a notice in writing upon the City, within 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 in 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 unliquidated damages against the City shall be made on the Mayor, Manager, or Clerk.
Subject to the limitation of this Charter and of the General Laws, the Commission shall have the power to receive devices, bequests, gifts, and donations of all kinds of property within or without the City, in fee simple or in trust, for charitable or other public purposes and to do all things and acts necessary to carry out the purposes of such bequest, gifts, and donations, with power to sell, lease, or otherwise manage or dispose of the same, in accordance with the terms of the bequest or donation.
No member of the Commission, the Manager, or other officer or employee of the City shall knowingly accept any gift, frank, free ticket, pass, reduced price, or reduced rate of service from any person, firm, or corporation operating a public utility within said City; or from any person known to him or her to have or to be endeavoring to secure a contract with the City. The provisions of this section shall not apply to the transportation of police officers or firefighter in uniform or wearing their official badges, when the same is provided for by ordinance or otherwise. No member of the Commission shall be eligible to an appointive office within its gift, during the period for which he or she was elected.
All officers and employees shall be appointed with reference to their qualifications and fitness, and for the good of the public service, and without reference to their political faith, or party affiliations.
The Commission may by ordinance limit the number of places where intoxicating liquors may be sold and for which licenses may be issued; the terms and conditions upon which such licenses may be granted; restrict the territory within which said places where intoxicating liquors may be sold, shall be located; prescribe rules and regulations for the conducting of said places where intoxicating liquors may be sold, and the conditions upon which said license may be annulled, revoked, or cancelled, and may also, by resolution, prescribe the location of said places where intoxicating liquors may be sold, within the proper territory. All subject to the Constitution and General Laws of the State.
When the Commission shall deem it for the public interest, grounds and buildings for necessary public uses, may be purchased, erected, and maintained, beyond the corporate limits of the City, and in such cases the Commission shall have authority to pass and enforce, beyond the City limits, and over such lands, buildings, and property, in the same manner, and to the same extent as if they were situated within the City, all such ordinances and police regulations as may be necessary for the care and protection thereof, and for the management and control of the persons kept or confined in any building maintained upon such property.
Where the following specified words are used herein they shall each be construed to mean as follows:
1)
"State" shall mean "State of Michigan."
2)
"City" shall mean "City of Royal Oak."
3)
"Commission" shall mean "City Commission."
4)
"Manager" shall mean "City Manager."
5)
"Clerk" shall mean "City Clerk," unless from the context the contrary shall plainly appear.
6)
"City Attorney" shall mean "Director of the Department of Law."
7)
"Treasurer" shall mean "City Treasurer."
Words imparting the singular number, only, may extend to and embrace the plural number, and words imparting the plural may be applied and limited to the singular number; words imparting the masculine gender, only, may extend and be applied to females as well as males.
Words purporting to give joint authority to two 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" shall 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.
Eastern standard time is hereby adopted for the City of Royal Oak.
Should any portion of this Charter be declared void, illegal, or unconstitutional, such finding shall not invalidate the remainder of the Charter.
