17.1.
Damages; personal injuries, property; notice of claim required,
contents.
The
city shall not be liable for damages sustained by any person
either to his person or property be reason of the negligence
of the city, its officers or employees, nor by reason of any
defective condition of or obstruction in any public place,
unless such person shall serve or cause to be served upon
the clerk within sixty days after the injury resulting in
such damages shall have occurred a notice in writing, etc.
etc.
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17.2.
Estoppel; no defense against city.
No
estoppel may be created against the city.
17.3.
Records open to public inspection.
All
records of the city shall be public, and shall be kept in
city offices except when required for official reasons or
for purposes of safe keeping to be elsewhere, and shall be
available for inspection at all reasonable times.
17.4.
Notices; mailing, publication; requisites.
17.5.
Village rights, liabilities continued.
17.6.
Trusts; cy pres doctrine.
17.7.
Boards, commissions; filling vacancies.
Except
as otherwise provided in this charter, if a vacancy occurs
in the membership of any appointive board of commission, the
authority responsible for the appointment of the person whose
position has become vacant shall fill such vacancy by appointment
of a qualified person for the unexpired term of such person.
17.8.
Definitions.
Except
as otherwise specifically provided or indicated
by the context:
(a)
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.
(b)
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.
(c)
The word “person” may extend and be applied to bodies, political
and corporate, and to partnerships as well as to individuals.
(d)
The words “printer” and “printing” shall include reproductions
by printing, engraving, stencil duplicating, lithographing
or any similar method.
(e)
Except in reference to signatures, the words “written” and
“in writing” shall include printing and typewriting.
(f)
The word “village” shall mean the municipal corporation of
Milan as it existed prior to the effective
date of this charter, including the period from and after
its incorporation as a city and until such effective date.
(g)
The word “officer” shall include the mayor, and other members
of the Council, clerk, treasurer, assessor, other administrative
officers, both elective and appointive members of city boards
and commissions created by or pursuant to this charter, and
the justices of the peace.
(h)
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.
(i)
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.
(j)
The word “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.
(k)
The word “freeholder” shall include persons purchasing property
on land contract.
(l)
All references to section numbers shall refer to section numbers
of this charter.
Section
17.9. Acts required
on Sundays, legal holidays; performance, time.
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
17.10. Chapter,
section headings; not part of charter.
The
chapter, section and subsection headings used in this charter
are for convenience only, and shall not be considered part
of the charter.
Section
17.11. Process
against the city; corporate name; service
All
process 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
17.12. Boards,
commissions; “quorum” defined.
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
17.13. Misconduct
in office; penalty.
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 section 5.2.
Section
17.14. Amending
charter, procedure; state law; conflicting provisions, determination.
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
17.15. Severability
of 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 the charter
is declared to be severable.