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 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.
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.
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.