City Charter - Chapter XV

Miscellaneous

Section 15.1. Liability of city; procedure for filing claim.

The city shall not be liable to pay damages for injuries which arise out of governmental functions and shall have all the immunities from claims for damages for injury to persons or property as may be permitted by law. The procedures in regard to filing of claims and disposition of same shall be as permitted by law.

Section 15.2. Records.

All records of the city shall be public, shall be kept in city offices except when required for official reasons or for purpose of safe keeping to be elsewhere and shall be available for inspection at all reasonable times.

Section 15.3. Estoppel against city.

No estoppel may be created against the city.

Section 15.4. Processes against city.

All processes against the city shall run against the city in the corporate name thereof, and may be served by leaving a true copy with the mayor or clerk.

Section 15.5. Trusts for municipal purposes.

All trusts established for any municipal purpose shall be used and contained in accordance with the terms of such trust subject to the cy pres doctrine. The council may in its discretion receive and hold any property in trust for any municipal purpose and shall apply the same to the execution of such trust and for no other purposes, except in cases where the cy pres doctrine shall apply.

Section 15.6. Quorum generally.

Except as provided otherwise in this Charter, a quorum of any board or commission created by or pursuant to this Charter shall be a majority of the members of such board or commission in office at the time, but not less than two members.

Section 15.7. Sundays and holidays.

Whenever the date fixed by this Charter for the doing or completion of any act falls on a Sunday or legal holiday, such act shall be done or completed on the next succeeding day which is not a Sunday or legal holiday.

Section 15.8. Chapter, section and subsection headings of Charter.

The chapter, section and subsection headings used in this Charter are for convenience only, and shall not be considered as part of the Charter.

Section 15.9. Amendment of Charter.

This Charter may be amended at any time in the manner provided by statute. Should two or more amendments adopted at the same election have conflicting provisions, the one receiving the largest affirmative vote shall prevail as to those provisions.

Section 15.10. Sever ability of Charter provisions.

If any provision, section, article or clause of this Charter or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect any remaining portion or application, of the Charter which can be given effect without the invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperable and to this end this Charter is declared to be severable.

Section 15.11. Penalties for misconduct in office.

Any officer of the city found guilty by a court of competent jurisdiction of any act declared by this Charter to constitute misconduct in office may be punished by a fine of not to exceed five hundred dollars or imprisonment for not to exceed ninety days, or both, in the discretion of the court. The punishment provided in this section shall be in addition to that of having the office declared vacant as provided in this Charter.

Section 15.12. Definitions generally.

Except as otherwise specifically provided or indicated by the context:

1. All words used in this Charter indicating the present tense shall not be limited to the time of the adoption of this Charter, but shall extend to and include the time of the happening of any event or requirement for which provision is made herein.
2. The singular number shall include the plural, the plural number shall include the singular and the masculine gender shall extend to and include the feminine gender and the neuter.
3. The word "person" may extend and be applied to bodies politic and corporate, and to partnerships as well as to individuals.
4. The word "printed" and "printing" shall include reproductions by printing, engraving, stencil duplicating, lithographing or any similar method.
5. Except in reference to signatures, the words "written" and "in writing" shall include printing and typewriting.
6. The word "officer" shall include the mayor and other members of the council, the administrative officers, members of city boards and commissions created by or pursuant to this Charter.
7. The word "freeholder" shall include any person and his spouse who is purchasing property on land contract.
8. The word "default" shall include being delinquent in taxes.
9. The word "statute" shall denote the Public Acts of the State of Michigan in effect at the time the provision of the Charter containing the word "statute" is to be applied.
10. All references to specific Public Acts of the State of Michigan shall be to such acts as are in effect at the time the reference to such act is to be applied.
11. The words "law" or "general laws of the state" shall denote the Constitution and the Public Acts of the State of Michigan in effect at the time the provision of the Charter containing the words "law" or "general laws of the state" is to be applied, and applicable common law.
12. All reference to section numbers shall refer to section numbers of this Charter.
13. The word "city" shall mean the City of Fremont.
14. The word "council" shall mean the council of the City of Fremont.

Section 15.13. Definition of publication and mailing of notices.

The requirement contained in this Charter for the publishing or publication of notices, ordinances or proceedings shall be met by publishing at least once an appropriate insertion in a newspaper published in the English language for the dissemination of news of a general character, which newspaper shall have had a general circulation at regular intervals in the city for at least one year immediately preceding the time it is used for such publication purposes. The affidavit of the printer or publisher of such newspaper, or of his foreman or principal clerk, annexed to a printed copy of such notice, ordinance or proceeding taken from the paper in which it was published and specifying the time of publication, shall be prima facie evidence of such publication.

In any case in which this Charter requires the mailing of notices, the affidavit of the officer or employee responsible for such mailing that such notice was mailed shall be prima facie evidence of such mailing.

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