RULES

of the

COUNCIL

AND PERTINENT
CHARTER PROVISIONS
 FOREWORD

Section 4.4(e) of the Ann Arbor City Charter provides that the City Council "shall determine
its own rules and order of business." At its first meeting held under the new Charter, on
April 16, 1956, Council formally adopted rules of procedure, which have from time to time
been amended by resolution.

This revision date is December 17, 2007.

Certain charter provisions are listed in the appendix.

Jacqueline Beaudry
Clerk of the Council

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 TABLE OF CONTENTS
Rules of Council PAGE

RULE 1 Time of Council Meetings 5

RULE 2 Acting Mayor 5
RULE 3 Agenda 5
3A - Preparation of Agenda 5
3B – Approval of Draft Agenda 6
3C – Categories 6
3D – Delivery 7
3E – Format of the Agenda 7
3F – Publication of the Agenda 7
RULE 4 Addressing Council During Meeting 8
RULE 5 Voting 9
RULE 6 Nominations or Appointments to Boards, Commissions, Committees 9
RULE 7 Call of Council Absentees 9
RULE 8 Conduct of Discussion and Debate 10
RULE 9 Communications and Petitions 10
RULE 10 Resolutions and Motions to be Made In Writing 10
RULE 11 Motions In Order During Debate 10
RULE 12 Consideration of Questions 11
RULE 13 Ordinances, How Introduced 11
RULE 14 Demise of Ordinances and Resolutions 11
RULE 15 Committees and Officers Must Report 11
RULE 16 Deeds and Conveyances 11
RULE 17 Publication 11
RULE 18 What Other Rules Shall Govern 12
RULE 19 How Rules May be Altered 12

Appendix - CHARTER PROVISIONS PAGE

Section 4.1 The Council 13

Section 4,2 The Mayor 13
Section 4,3 The Mayor Pro Tem 14
Section 4.4 Meetings of the Council 14
Section 4.5 Veto Power of Mayor 16
Section 7.1 Legislative Power 16
Section 7.2 Introduction, Consideration, and Style of Ordinances 16
Section 7.4 Publication of Ordinances 17
Section 7.5 Penalties 18
Section 7.8 Technical Codes 18
Section 8.6 Adoption of Budget 18
Section 8.9 Effects of Adoption of Budget 18
Section 8.10 Transfer of Appropriations 19

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Section 8.11 Budget Control 19
Section 8.12 Contractual Claims Against City 19
Section 8.13 Notice to City of Claim for Injuries 20
Section 8.14 Withdrawal of City Funds 20
Section 8.17 Municipal Borrowing 20
Section 10.1 General Powers Relative to Special Assessments 22
Section 14.1 Authority of Council 22

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 COUNCIL RULES

RULE 1 - Time of Council Meetings

Regular meetings of the Ann Arbor City Council shall be held on the first and third Monday
of the month at 7:00 p.m., in the Council Chamber at City Hall. When the date for a regular
Council meeting falls on a holiday the meeting shall be held the next secular day
(Tuesday), except during an election day, when it will be held on Thursday of that week.

The second and fourth Monday of the month may be set-aside for the Council Working
Session. The Council Working Session may be scheduled for other days if authorized by a
majority vote of the Council. Public hearings may be scheduled for the first, second, third
and fourth Monday.

A working session of the Council may be scheduled for any other day of the week or at
other locations, provided that such change is given regular public and legal notice.

Except by a unanimous vote of the members present, Executive or Closed Sessions may
not commence any time after 11:00 p.m. and must end no later than 12:00 a.m.

RULE 2 - Acting Mayor

Council shall at the time the rules are adopted pass a resolution stating the order of
succession of council members to be Acting Mayor in the event neither the Mayor nor
Mayor Pro Tem are present for the convening of the scheduled meeting and to fill the need
for the Emergency Preparedness Plan.

RULE 3 - Agenda

3A – Preparation of the Agenda

The agenda for each Regular Council meeting and Council Work Session shall be prepared
by the City Administrator. A resolution approving a contract shall only be included on the
agenda if the City Attorney has reviewed the contract and the result of that review is
included or with the proposed resolution.

The agenda will be prepared in accordance with the following order of business:

Moment of Silence
Pledge of Allegiance
Roll Call of Council
Approval of the Agenda
Introductions
Public Commentary - Reserved Time
Public Hearings
Communications from Council
Approval of Council Minutes

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 Consent Agenda
Ordinances - Second Reading
Ordinances - First Reading
Motions and Resolutions
Council Business
Boards and Commissions
Staff
Communications from the Mayor
Communications from Council
Communications from the City Administrator
Communications from the City Attorney
Clerk's Report of Communications, Petitions and Referrals
Public Commentary - General
Adjournment

To the extent possible, multiple items addressing the same property or issue will be
grouped together on the agenda.

3B – Approval of the Draft Agenda

The City Administrator shall submit the draft agenda and supporting materials to the
Council Administration Committee for approval 10 days prior to the next Council meeting.
The Council Administration Committee will approve the agenda 7 days prior to the next
Council meeting. Once approved by the Council Administration Committee, no matter from
staff shall be placed on the agenda for action. Council members may add items to the
agenda at any time.

3C - Categories
Under each agenda category for action, Council shall place old and/or unfinished business
of Council on the agenda for first consideration; then new business proposed by members
of the Council shall be considered; then other new business shall be considered.

Communications from Council

This place on the agenda is reserved for Council Members to make announcements,
request reports and speak on subjects, which they deem important, report out on
committees and give notice of future proposed business.

Approval of the Agenda

Matters not on the published agenda may be added at the time of approval of the
agenda with the consent of 3/4 of the members present. The Mayor or City
Administrator may delete items from the published agenda at the request of the
initiator of the proposed action prior to approval of the agenda.

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 Consent Agenda

The Consent Agenda shall consist of ordinances and resolutions considered routine.
Items on the Consent Agenda may be approved by a single motion. The motion to
approve the Consent Agenda shall not require the reading of the titles of items on
that agenda other than ordinances. If any member of the Council objects to
consideration of an item as part of the Consent Agenda, that item shall be moved to
the end of the appropriate portion of the regular agenda. All contracts under
$100,000.00 will be listed in the consent agenda for council approval. Contracts
over $100,000 will be listed in Motions and Resolutions under the DS section for
staff.

Motions and Resolutions

DC - Council Resolutions: All resolutions from Council.

DB – Boards and Commissions: All resolutions from Advisory Committees, Boards

and Commissions.

DS – Staff: All resolutions from Staff.

3D – Delivery
All materials relevant to the approved agenda shall be delivered to council members
no later than 4 p.m. on the Thursday prior to said session.

3E – Format of Agenda
The Administrator and Clerk shall prepare all documents and agenda materials in
electronic format consistent with the technology used by City Council. Hard copy
will be provided at the Council meeting and to the public upon request.

3F – Publication of Agenda
The approved agenda for all meetings of Council, including Work Sessions, shall be
published in a newspaper of general circulation in the City no later than the Sunday
prior to each meeting, except those meetings called less than six days prior to a
meeting. All meetings of the Council will be posted in the lobby of City Hall and on
the City Website.

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RULE 4 - Addressing Council During Meetings

Public Commentary - Reserved Time:

A total of 10 speakers shall be allowed to address Council during the time
designated as Public Commentary - Reserved Time by signing up with the City Clerk
either in person or by telephone each person may speak a maximum of 3 minutes.
Speaking times are not transferable, and vacated speaking times shall be assigned
to the two alternate speakers on the waiting list. Speakers may not use public
commentary-reserved time to address council on an agenda item for which a public
hearing is scheduled for the same meeting

On the morning of the regular meeting of the City Council the City Clerk shall sign up
persons interested in speaking during the time designated as Public Commentary -
Reserved Time as follows:

a. Between 8 a.m. and 1 p.m. all ten speaking times will be available to persons
wishing to address council on agenda items.

b. After 1 p.m. on that same day speakers wishing to address council on any
matter will be signed up strictly on a first come first serve basis for any
remaining times. Two alternates may also be designated.

Public Speaking Rules

1. Speakers and the public shall obey all rules announced by the Chair or his or
her designee, including the following general rules.
2. All public speakers must speak from the podium.
3. Members of the public shall not disturb speakers at the podium.
4. The public should sit on the benches and not stand. If members must stand,
then it will be at a designated area.
5. Members of the public holding up signs must sit on the back benches so that
their signs do not interfere with others. Signs must be hand held and not
attached to any pole or stick.
6. If speakers have materials they wish to hand out, they must signal to the
clerk who will come forward to the speaker and hand them out.
7. When speakers are finished, they shall not disturb other speakers or disrupt
the council meeting as they leave.

Public Commentary - General:

During the time designated as Public Commentary - General, those wishing to
address Council will be recognized by the Chair to speak for up to 3 minutes.
Public Hearings
Persons speaking at a Public Hearing must limit their remarks to the subject of the
public hearing and shall not speak for more than 3 minutes.

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 Time Limit Waiver
The Council may, by majority vote, modify or waive the 3-minute speaking limitation.

Members of Audience Addressing Council

Upon the request of a member of the Council, a member of the audience shall be
permitted to address the Council at a time other than during public commentary,
unless three members of Council object.

Disorderly Conduct at Meetings

The Chair may call to order any person who engages in personal attacks, (which are
unrelated to Council Business) who uses obscene or grossly indecent language,
who speaks longer than the allotted time, who disrupts the proceedings or who
otherwise violates the rules of this Council. Failure to come to order may result in
the microphone being shut off, the forfeiture of any remaining speaking time, or, at
the request of the Chair, expulsion from the meeting.

Furthermore, if a speaker or a member of the public does not follow applicable rules
a at Council meeting, disturbs the peace at a Council meeting or endangers the
safety of the Council or the public at a council meeting, that individual may also have
further restrictions placed upon them as necessary, including forfeiture of their right
to speak at or right to attend future Council meetings. Such actions are to be
determined by Council and shall be consistent with the Michigan Open Meetings
Act.

RULE 5- Voting
In all cases where a vote is taken, the Chair shall decide that result. Any member
may call for a division. A roll call vote shall be called upon the request of any
member of the Council. The roll call voting order shall rotate around the council
table with the Mayor voting in the rotation.

RULE 6 - Nominations or Appointments to Boards, Commissions or Committees

Nominations or appointments to boards, commissions, or committees, which require

the confirmation or approval of Council, shall not be confirmed or approved before
the next regular meeting of the Council except with the consent of 8 of the members
of the Council.

RULE 7 - Call of Council Absentees

The Chair or any of the members may have a call of the Council, and the City Clerk
shall note the names of the absentees.

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RULE 8 - Conduct of Discussion and Debate

• No member shall speak until recognized for that purpose by the Chair.
• The member shall confine comments to the question at hand and avoid
personality.
• A member shall not speak more than two times on a given question, five
minutes the first time three minutes the second time, except with the
concurring vote of 3/4 of the members present.
• A motion to call the previous question (call for cloture) immediately ends all
discussion and shall be out of order until all members have had an
opportunity to speak twice to the question on the floor, and shall require a
concurring vote of 3/4 of the members present.
• A motion to lay on the table shall be out of order until all members have had
an opportunity to speak once to the question on the floor.

RULE 9 - Communications and Petitions

The City Clerk, under the direction of City Administrator, shall prepare for each
regular Council meeting a report containing all communications and other matters
recommended to be filed, referred or otherwise handled and stating the
recommended action for Council to take. Upon passage of a motion to accept the
Clerk's Report, the action recommended for all matters listed in the report shall be
the action of the Council unless objection is made, in which case the matter objected
to shall be taken up and acted on separately.

RULE 10 - Resolutions and Motions To Be Made In Writing

Every resolution and ordinance shall be in writing. When any motion has been
made and seconded, it shall be stated by the Chair and shall not be withdrawn
thereafter except by consent of the majority of the members of the Council present.

RULE 11 - Motions In Order During Debate

When any question is under debate, no motion shall be received but the following,
and they shall have the precedence in the order in which they stand arranged:

1. To call the previous question/cloture

2. Motions to Adjourn
3. To Lay on Table
4. To Postpone to a Time Certain
5. To Refer
6. To Amend
7. To Postpone Indefinitely

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 The maker of a tabling motion is required to explicitly identify the rationale for tabling
and the name of the person making the motion and the rationale for tabling should
appear in the minutes.

RULE 12 - Consideration of Questions

When a question has been taken, it shall be in order for any member voting with the
prevailing side to move a reconsideration thereof at the same or the next regular
meeting; but, no question shall a second time be reconsidered.

RULE 13 - Ordinances, How Introduced

Proposed ordinances shall be introduced by one or more individual members of

Council. Ordinances may be referred to any or all of the following: the City
Attorney, the City Administrator, appropriate agencies, and Council committees, for
study and recommendation. Ordinances shall be reported back to the working
committee of the Council.

RULE 14 - Demise of Ordinances and Resolutions

An ordinance passed at First Reading that is not placed on the Council's agenda (for
whatever reason) for Second Reading within six months of First Reading passage is
deemed demised and must be reintroduced at First Reading if it is to be
reconsidered.

A resolution that has been tabled for six months shall be considered demised and
may not be the subject of a motion to take from the table.

RULE 15 - Committees and Officers Must Report

All committees and officers shall make immediate report on matters referred to them
at the first stated meeting after such references unless further time shall be given
them by the Council or unless requested to report to the working committee.

RULE 16 - Deeds and Conveyances

No deed, conveyances, article of agreement, covenant, bond or contract, in writing,

shall be entered into or executed by this Council, until the same shall have been
referred to the City Attorney and City Administrator and their report thereon been
received.

RULE 17 - Publication

All proceedings of the Council, including agendas of closed sessions, shall be

published.

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RULE 18 - What Other Rules Shall Govern

The rules of parliamentary practice, comprised in Robert's Rules of Order, shall

govern the Council in all cases to which they are applicable, provided they are not in
conflict with these rules or with the charter of the City.

RULE 19 - How Rules May Be Altered

Council-adopted rules may be altered or amended by a vote of the members-elect, if

notice of the changes proposed to be made shall have been given the Council at a
preceding regular meeting, and a written copy of the proposed changes distributed
to all members of the Council.

Council-adopted rules may be suspended for the time being by a vote of two-thirds
of the members present.

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Appendix – Charter Provisions
The Council
Section 4.1
(a) The Council shall be composed of the Mayor and ten Council Members.

(b) Subject only to limitations and exceptions provided by this charter or other
provisions of law, all powers of the City shall be vested in and exercised by
the Council.

(c) The Council shall be the judge of the eligibility, election, and qualification of
its members.

The Mayor
Section 4.2. In addition to any powers and duties otherwise provided by law, the Mayor
shall:

(1) be the presiding officer of the Council;

(2) have all the powers and duties of a Council Member, including the power and
the duty to vote;

(3) have the veto powers as provided in Section 4.5 of this charter;

(4) give the Council information concerning the affairs of the City and
recommend such measures as deemed expedient;

(5) in emergencies, have the powers conferred by law upon sheriffs to prevent
disorder, preserve the public peace and health, and provide for the safety of
persons and property;

(6) execute or authenticate by signature such instruments as the Council, this

charter, or any state or federal law shall require;

(7) be the ceremonial head of the City;

(8) appoint all Council Committees and be a member thereof and make other
appointments as provided in this charter or by the Council.

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The Mayor Pro Tem
Section 4.3.

(a) At its first meeting after the newly elected members have taken office
following each regular city election, the Council shall elect one of its members
Mayor Pro Tem for a term expiring at the first Council meeting following the
next regular city election. The election of the Mayor Pro Tem shall be by the
concurring vote of at least six members of the Council.

(b) The Mayor Pro Tem shall perform the duties and have the powers of the
Mayor when, on account of a vacancy in the office, absence from the City,
disability, or for any other reason, the Mayor is unable to perform the duties
of office. If both the Mayor and Mayor Pro Tem are temporarily unable to
perform the duties of the office of Mayor, the Council shall designate another
of its members as Acting Mayor to perform such duties temporarily.

(c) When acting as Mayor, the Mayor Pro Tem or the Acting Mayor shall vote as
a Council Member, and shall not possess the veto power.

Meetings of the Council

Section 4.4.

(a) The Council shall fix the time and place of its regular meetings and shall hold
at least two regular meetings in each month. If any day prescribed for a
regular meeting of the Council is a holiday, such regular meeting shall be
held at the same time and place on the next secular day, except that when
such holiday is an election day, the meeting shall be held on the following
Thursday.

(b) Special meetings of the Council shall be held at the regular meeting place
thereof and shall be called by the Clerk on written request of the Mayor or
any three members of the Council. Written notice stating the time and
purpose of a special meeting shall be delivered to each member of the
Council or left at the member's usual place of residence at least three hours
prior to the time set for the meeting. The Clerk shall record a certificate of
service of notice in the journal of such meeting. A special meeting may be
held notwithstanding lack of notice if all members are present, or if a quorum
is present and each absent member has filed with the Clerk a written waiver
of notice. A vote taken by the Council at a prior meeting shall not be
reconsidered at a special meeting, unless as many members are present as
were present when the original vote was taken. Except by unanimous
consent of all members of the Council, a matter shall not be acted upon at
any special meeting unless it has been included in the notice of the meeting.

(c) All meetings of the Council shall be open to the public and the rules of the

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 Council shall provide that persons shall have a reasonable opportunity to be
heard. The public shall have access to the minutes and records of all
meetings. Within ten days after any meeting, all proceedings shall be printed
in such form as shall be prescribed by rule of the Council.

(d) Six members of the Council shall be a quorum for the transaction of
business. In the absence of a quorum, any number less than a quorum may
adjourn to a later time.

(e) The Council shall determine its own rules and order of business. It shall keep
a journal, in the English language, of its proceedings. The Clerk shall sign
the journal after approval by the Council.

(f) Except as otherwise provided in this charter, each member of the Council
present shall cast a "yes" or "no" vote on each question before the Council,
unless excused therefrom by a vote of at least six members.

(g) The affirmative vote of at least six members of the Council, or of such greater
number as may be required by this charter, or other provisions of law, shall
be required for the adoption or passage of any resolution or ordinance, or the
taking of any official Council action. No office may be created or abolished,
nor any street, alley, or public ground vacated, nor private property taken for
public use, unless by a concurring vote of at least eight members of the
Council.

(h) The Council may compel the attendance of its members and other officers of
the City at its meetings, may take disciplinary action for non-attendance as
prescribed by ordinance or by Council rules, and may prescribe, by
ordinance, the punishment for any misbehavior or the contemptuous or
disorderly conduct of any member or any person present at any meeting of
the Council.

(i) A member of the Council shall not vote on a question in which the member
has a financial interest, other than the general public interest, or on any
question involving the member's own conduct. If a question is raised under
this section at any Council meeting concerning the eligibility of a member of
the council to vote on any matter, such question shall be finally determined
by the concurring vote of at least six members of the Council, not including
such member.

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Veto Power of Mayor
Section 4.5

(a) Within seventy-two hours, exclusive of Sundays and holidays, after a meeting
of the Council, the Clerk shall present the record of the meeting to the Mayor
for approval. Except in cases of appointment or removal of officers by the
Council, the Mayor may disapprove, in whole or in part, any action taken by
the Council by resolution, order, or otherwise. The Mayor shall file the
disapproval and reasons therefor, in writing, with the Clerk within seventy-two
hours, exclusive of Sundays and holidays, following presentation of the
record to the Mayor. Such disapproval shall be reported by the Clerk at the
next regular meeting of the Council or at a special meeting called for
consideration thereof. Council action disapproved by the Mayor shall be of
no effect, unless re-affirmed by the concurring vote of at least eight members
of the Council within thirty days from the time such disapproval is reported by
the Clerk.

(b) Within seventy-two hours, exclusive of Sundays and holidays, after the
adoption of an ordinance, the Clerk shall present it to the Mayor. The Mayor
may approve or disapprove. If the Mayor disapproves, the Mayor shall return
the ordinance to the Clerk with the objections thereto in writing. The Clerk
shall lay the ordinance and the objections of the Mayor before the Council at
its next regular meeting or at a special meeting called for consideration
thereof. If, within thirty days thereafter, at least eight members of the Council
vote to readopt the ordinance, it shall become effective without the approval
of the Mayor. If the Mayor fails to act within ten days after an ordinance is
presented, it shall be deemed to have been approved. The Clerk shall certify
on each ordinance and also in the journal the actions taken under this section
and the dates thereof.

Legislative Power
Section 7.1. The legislative power of the City is vested exclusively in the Council, except
as otherwise provided by this charter or by law.

Introduction, Consideration, and Style of Ordinances

Section 7.3.

(a) Each proposed ordinance shall be introduced in written form. The style of all
ordinances passed by the Council shall be, "The City of Ann Arbor Ordains:".

(b) Each proposed ordinance shall receive two readings, which may be by title
only, unless ordered by the Council to be read in full or in part. After the first
reading of a proposed ordinance, the Council shall determine whether it shall
be advanced to a second reading. The second reading shall not be given
earlier than the next regular Council meeting.
(c) Each proposed ordinance advanced to a second reading shall be printed and

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 distributed to each member of the Council at least twenty-four hours before
the meeting at which it is to be presented for a second reading.

(d) A zoning ordinance or an amendment or revision thereof shall be published in

one or more newspapers of general circulation in the City, and opportunity for
a public hearing allowed thereon before final action is taken by the Council.

(e) Each ordinance adopted by the Council shall be identified by a number.

(f) An ordinance may be repealed, revised, altered, or amended only by an

ordinance passed in the manner provided in this section. An ordinance may
be repealed by reference to its number and title only.

(g) If a section of an ordinance is amended or revised it shall be reenacted and

published at length.

(h) Each ordinance shall be recorded by the Clerk, forthwith, in the "Record of
Ordinances", and the enactment of such ordinance shall be certified by the
Clerk therein.

Publications of Ordinances
Section 7.4.

(a) Each ordinance shall be published within ten days after its enactment in one
of the following two methods:

(1) The full text thereof may be published in a newspaper of general

circulation in the City of Ann Arbor, or

(2) In cases of ordinances over five hundred words in length, a digest,

summary or statement of the purpose of the ordinance, approved by
the Council, may be published in a newspaper of general circulation in
the City of Ann Arbor, including with such newspaper publication, a
notice that printed copies of the full text of the ordinance are available
for inspection by, and distribution to, the public, at the office of the City
Clerk. If Method (2) is used, then printed copies shall promptly be so
made available, as stated in such notice.

The effective date of an ordinance shall be stated therein, but shall not be less than ten
days from the date of its publication if such ordinance imposes a penalty. (Amended 5-22-
56).

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 (b) In the event of the codification or compilation of the ordinances, the deposit
of two hundred printed copies in the office of the Clerk, available for public
inspection and sale at cost, shall constitute publication thereof.

Penalties
Section 7.5. The Council may provide in any ordinance adopted by it for punishment of
violations thereof by a fine not to exceed five hundred dollars or imprisonment for not more
than ninety days, or both, in the discretion of the court. Imprisonment for violations of
ordinances may be in the City or the County jail, or in any work house of the State which is
authorized by law to receive prisoners of the City.

Technical Codes
Section 7.8. The Council may adopt by ordinance, any provision of state law or any
detailed technical code or set of regulations promulgated by the State, or by a department,
board, or agency thereof, or by any organization or association organized and conducted
for the purpose of developing any such code or set of regulations, by reference thereto in
the adopting ordinance and without publishing the technical code or set of regulations in
full. The code or set of regulations shall be fully identified in the ordinance, and a statement
of the purpose of the code or set of regulations shall be published with the adopting
ordinance. Such publication shall contain notice that a copy of the code or set of
regulations is available for public inspection in the office of the Clerk. Printed copies of the
code or set of regulations shall be kept in the office of the Clerk, available for public
distribution at cost.

Adoption of Budget
Section 8.6. Not later than its second meeting in May, the Council shall, by resolution
concurred in by at least seven members, adopt the budget for the next fiscal year. The
Council shall, in such resolution, make an appropriation of the money needed for municipal
purposes during the next fiscal year. The Council shall, in such resolution, make an
appropriation of the money needed for municipal purposes during the next fiscal year and
determine the amount necessary to be raised by taxes upon real and personal property for
such purposes.

Effects of Adoption of Budget

Section 8.9

(a) Upon the adoption of any budget, the several amounts stated therein as
proposed expenditures shall be appropriated to the respective objects and
purposes named therein.

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 (b) A copy of the budget so adopted, certified by the Clerk, shall be filed in the
office of the Controller. A copy of the budget as adopted, or of appropriate
portions thereof, shall be furnished by the Clerk to the head of each
administrative unit and, upon request, shall be furnished at cost to interested
persons and civic organizations.

Transfer of Appropriations
Section 8.10. After the budget has been adopted, no money shall be drawn from the
treasury nor shall any obligation for the expenditure of money be incurred for payment
during the fiscal year to which the budget applies, except pursuant to an appropriation
therefor. The Council may, however, transfer any unencumbered operating appropriation
balance, or any portion thereof, from one operating fund or account to another, upon the
concurring vote of not less than eight members of the Council. Council shall determine the
disposition of any unencumbered balance remaining in any budget appropriation at the end
of the fiscal year.

Budget Control
Section 8.11.

(a) If, when the City Administrator submits to the Council data showing the
financial position of the City, it appears that the income of the City is less
than anticipated, the Council may, except as to amounts required for debt
and interest charges, revise or amend the budget as may be necessary to
keep expenditures within the income of the City, after a public hearing
thereon which shall be held and notice thereof given as required by this
charter before the adoption of the budget.

Contractual Claims Against City

Section 8.12.

(a) All contractual claims against the City shall be filed with the Clerk, who shall
transmit them to the Controller.

(b) The Controller shall verify the correctness of each claim and, subject to
further procedure established by the Council for auditing and approving
claims, shall approve for payment each claim so verified, if a sufficient
appropriation is available for the purpose, and shall draw and sign a check or
warrant therefor. A certificate of the Controller's approval shall be filed with
the Treasurer before the Treasurer countersigns any check on the funds of
the City therefor. Any officer who signs or countersigns a check on any funds
of the City, except as herein provided, shall be deemed guilty of a violation of
this charter.

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Notice to City of Claim for Injuries
Section 8.13. The City shall not be liable in damages for injury to person or property by
reason of negligence of the City, its officers, or employees, or by reason of any defective
highway, public work, public service improvement, or facility of the City's or by reason of
any obstruction, ice, snow, or other encumbrance thereon, unless, within sixty days after
such injury occurred, the person damaged or that person's representative causes to be
served upon the Clerk a written notice, stating that such person intends to hold the City
liable for such damages. Such notice shall set forth substantially the time and place of the
injury, the manner in which it occurred, the nature of the act or defect complained of, the
extent of the injury so far as known, and the names and addresses of witnesses known to
the claimant. No person shall bring action against the City for damages to person or
property arising out of any of the reasons or circumstances aforesaid, unless brought within
the period prescribed by law, nor unless the person has first presented to the Clerk a claim
in writing and under oath, setting forth specifically the nature and presented to the Council
for action. It shall be a sufficient bar to any action upon any such claim that the notice of
injury and the verified proof of claim required by this section were not filed within the time
and in the manner herein provided.

Withdrawal of City Funds

Section 8.14. All funds of the City drawn from the treasury shall be drawn pursuant to an
appropriation by the Council and by checks signed by the Controller and countersigned by
the Treasurer. Each check shall specify the fund or funds from which it is payable.

Municipal Borrowing
Section 8.17.

(a) The Council, subject to the applicable provisions of law and this charter, may,
by proper ordinance or resolution, 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 evidences of indebtedness therefor, and may
pledge the full faith, credit, and resources of the City for the payment of the
obligation created thereby.

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(b) The Council, subject to the applicable provisions of law and this charter, may
authorize the borrowing of 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 the issuing of bonds therefor. Such special
assessment bonds may be an obligation of the special assessment district or
districts or may be both an obligation of the special assessment district or
districts and a general obligation of the City. All collections on each special
assessment roll or combination of rolls, 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.

(c) The Council may, subject to law and the State Constitution, authorize the
issuance and sale of mortgage bonds for the purpose of acquiring, owning,
purchasing, constructing, or operating any public utility beyond the general
limit of bonded indebtedness prescribed by law: Provided that such
mortgage bonds, issued beyond the general limit of bonded indebtedness
prescribed by law, shall not impose any liability on the City but shall be
secured only upon the property and revenues of such public utility, including
a franchise, stating the terms upon which, in case of foreclosure, the
purchaser may operate the public utility, which franchise shall in no case
extend for a long period than twenty years from the date of sale of such
public utility and franchise on foreclosure. In the event of the issuance of
such bonds, there shall be created, in such cases as may be required by law,
a sinking fund by setting aside such percentage of the gross or net earnings
of the public utility as may be deemed sufficient for the payment of the
mortgage bonds at maturity.

(d) In case of fire, flood, or other calamity, the Council may, subject to law,
authorize the issuance of emergency bonds, which shall be general
obligations of the City for the relief of the inhabitants of the City and for the
preservation of municipal property.

(e) No bonds shall be sold to obtain funds for any purpose other than that for
which they were specifically authorized, and, if any such bonds are not sold
within three years after authorization, such authorization shall be null and
void.

(f) Each bond or other evidence of indebtedness shall contain on its face a
statement specifying the purpose for which the same is issued and no officer
of the City shall use the proceeds thereof for any other purpose, except as
hereinafter provided.

(g) When ever the proceeds of any bond issue, or any part thereof, shall remain

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 unexpended and unencumbered for the purpose for which said bond issue
was made, the Council may, by the affirmative vote of a majority of the
members elect, authorize the use of such unexpended and unencumbered
funds in any manner permitted by law or for the retirement of such bond
issue, or, if such bond issue shall have been fully retired or if any of such
funds remain after such retirement, then for the retirement of other bonds or
obligations of the City.

(h) All bonds and other evidences of indebtedness by the City shall be executed
with the facsimile signature of the Mayor and signed by the Clerk, under the
seal of the City. Interest coupons may be executed with the facsimile
signature of the Mayor and Clerk. (Amended April 1, 1968)

(i) A complete and detailed record of all bonds and other evidences of
indebtedness issued by the City shall be kept by the Controller. Upon the
payment of any bond or other evidence of indebtedness, the same shall be
marked "Canceled."

(j) A violation of any of the provisions of this section shall constitute a violation
of this charter.

General Powers Relative to Special Assessments

Section 10.1. The Council may determine the necessity for any public improvement, and
determine that the whole or any part of the cost thereof shall be defrayed by special
assessment upon the property especially benefited. The Council may authorize public
improvements other than those for which petitions have been filed, whether the cost thereof
is to be defrayed from the general funds of the City or by special assessments upon the
property especially benefited.

Authority of Council
Section 14.1.

(a) The authority to authorize the making of contracts on behalf of the City is
vested in the Council and, except as otherwise provided by this charter, shall
be exercised in accordance with the provisions of law and this chapter.

(b) All contracts, except as otherwise provided in this charter or by ordinance of

the Council in accordance with the provisions of Section 14.2 of this charter,
shall be approved by the Council and shall be signed on behalf of the City by
the Mayor and Clerk.

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