city of rose city ordinances, resolutions and policies

Transcription

ORDI
NANCES,RESOLUTI
ONS
ANDPOLI
CI
ES
GOVERNMENT
ORDINANCE 00-11-9-1
AN ORDINANCE TO AMEND SECTION I AND THE DELETION OF SECTION II,
OF ORDINANCE 96-9-5 "AN ORDINANCE TO PROHIBIT THE DISCHARGE OF A
FIRE ARM, SLING SHOTS, CROSS BOWS, OR BOW AND ARROWS WITHIN THE
CITY OF ROSE, OGEMAW COUNTY, MICHIGAN"
SECTION I :
Shall now read: It shall be lawful for a person to discharge a shotgun, muzzle
loader or archery equipment, within the City of Rose City, provided the D.N.R.
rules and regulations are followed.
This amendment is hereby declared to have been adopted and passed by the regular City
Council of the City of Rose City, county of Ogemaw, State of Michigan, at a regular
meeting thereof duly called and held on the 9th. Day of November, A.D. 2000.
This ordinance will be in effect 20 days after passage.
____________________________
Kenneth Sherlund Mayor
______________________________
Barbara Zielinski City Clerk
ORDINANCE 00-11-9-2
AN ORDINANCE TO AMEND SECTION 2-E AND DELETE AND REWORD 2- I OF
ORDINANCE 94-10-20-2 " AN ORDINANCE TO ESTABLISH THE RULES,
REGULATIONS, CONDUCT, CONTROL, AND PROTECTION OF PARKS OWNED
AND OPERATED BY THE CITY OF ROSE CITY, OGEMAW COUNTY,
MICHIGAN AND TO PROVIDE FOR SPECIAL PERMITS TO USE MUNICIPAL
PARKS AND TO PROVIDE FOR PENALTIES HEREOF."
SECTION 2-E :
Adding: Each person must be responsible for picking up after any animal in
their control.
SECTION 2-I DELETE AND CHANGE TO READ:
Application must be filed with the City Clerk prior to using ball field.
Council of the City of Rose City, county of Ogemaw, State of Michigan, at a regular
meeting thereof duly called and held on the 9th. Day of November, A.D. 2000.
____________________________
Kenneth Sherlund Mayor
______________________________
Barbara Zielinski City Clerk
DRAWING ON INSUFFICIENT FUNDS
The City of Rose City, County of Ogemaw, State of Michigan
ORDAINS:
ORDINANCE NO.: 01-02-20
Adopted: Feb, 20, 2001
Effective: March 20, 2001
AN ORDINANCE to regulate and to provide penalties for the making, drawing, uttering or delivering
of checks, drafts or money orders with the intent to defraud and/or with knowledge of insufficient
funds or credit for the payment of same; evidence.
Chapter I
§ 1. Drawing on insufficient funds; penalties and fees.
A.
Any person who shall make, draw, utter or deliver any check, draft, order for the payment of
money, to apply on account or otherwise, upon any bank or other depository, knowing at the time of
making, drawing, uttering or delivering, that the maker or drawer does not have sufficient fund in or
credit1 with the bank or other depository for the payment of the check, draft or order, in full upon its
presentation or;
B.
With the intent to defraud, shall make, draw, utter, or deliver any check, draft or order or the
payment of money to apply on account or otherwise, upon any bank or other depository, unless the
person has sufficient funds for the payment of the check, draft, or order when presentation for payment
thereon is made to the drawee or other depository – except if the lack or insufficiency of funds is due to
garnishment, attachment, levy or other lawful cause or process, and that fact was not known to the
person who made, drew, uttered, or delivered the check, draft or order at that time of making, drawing,
uttering or delivering – shall be guilty of a misdemeanor offense punishable under MCLA § 750.131,
et seq., provided that the penalty therefore shall not exceed 180 days imprisonment and/or a fine of
$500, plus costs of prosecution, for each offense hereunder.
Further provided that for any recovery of funds made by the City of Rose City, whether through
its police Department or otherwise, there shall be an administrative fee of $20.00 fine for each such
check, draft or order for the payment of money in addition to any and all fines and penalties which may
be imposed hereunder.
__________________________
1
For purposes herein, the world “credit” shall be construed to mean arrangement or
understanding with the bank or depository, for the payment of such check, draft or order, in full, upon
the presentation thereof for payment.
1
§ 2 . Evidence of intent. As against the maker or drawer thereof, the making, drawing, uttering or
delivering of a check, draft or order, payment of which is refused by the drawee, when presented in the
usual course of business, shall be prima facie evidence of intent to defraud and of knowledge of
insufficient funds in or credit with such bank or other depository, provided such maker or drawer shall
not have paid the drawee thereof the amount due within five (5) days after receiving notice that such
check, draft or order has not been paid by drawee.
§ 3 . Notice of protest as evidence of intent.
Where such check, draft or order is protested, on
the ground of insufficiency of funds or credit, the notice of protest thereof shall be admissible as proof
of presentation, non-payment and protest, and shall be prima facie evidence of intent to defraud and of
knowledge of insufficient funds or credit with such bank or other depository.
§ 4 . State law reference. MCLA § § 750.131 – 750.134
§ 5 . Effective Date. This Ordinance shall become effective twenty (20) days from the first date of
publication.
Following a public reading of the Ordinance, and at a regular meeting of the City Council of the
City of Rose City held on the 20 day of Feb., 2001, adopting of the foregoing Ordinance was moved by
Mr. Miller and supported by Ms. McKellar.
Yes: Miller, Anderson, Moshier, Beyerlein, Mckellar and Davison
No: none
The Mayor and Council declared the Ordinance adopted.
Kenneth Shurland
Kenneth Sherlund _
, Mayor
___Barbara Zielinski________________
Barbara Zielinski
, Clerk
CERTIFICATION
The foregoing is a true copy of Ordinance No. 01-02-20 which was enacted by the City Council of the
City of Rose City at a regular meeting held on the 20 day of Feb, 2001.
___Barbara Zielinski________________
Barbara Zielinski
, Clerk
2
ORDINANCE
01-04-03
CITY OF ROSE CITY PLANNING COMMISSION
Adopted April 3, 2001
AN ORDINANCE providing for the creation, organization, powers and
duties of the Rose City Planning Commission.
ARTICLE I - POWERS AND DUTIES
The powers and duties of the Rose City Planning Commission are those set forth in Act. 285 of the
public Acts of 1931, as amended, together with and subject those powers and duties which are
delegated by this ordinance and any amendments thereto.
ARTICLE II – MEMBER ANDTERMS
Section 1. Membership Makeup
The City Planning Commission shall consist of nine persons who shall be appointed by the mayor,
one member of the City Council designated by the mayor as liaison to the City Planning Commission,
and one administrative official of the City selected by the mayor to serve as secretary. The nine
appointed members should represent diversity within the community, and are subject to confirmation
by the City Council.
Section 2. Terms of Office
All members of he planning commission may be compensated at a rate to be determined by the
appointing or legislative body and shall hold no other municipal office, except that 1 of the members
may be a member of the zoning board of adjustment or appeals or a member of the city council. The
term of each member shall be 3 years, except that 3 members of the first planning commission to be
so appointed shall serve for the term of 1 year, 3 for a term of 2 years, and 3 for a term of 3 years.
Section 3. Vacancies in Office
Vacancies occurring other than through the expiration of a term shall be filled for the unexpired term
by the mayor in the case of members appointed or selected by him/her, and by the mayor and City
Council in the case of a vacancy of the City Council member.
Section 4. Removal from Office
Members other than the member selected by the City Council may, after public hearing, be removed
by the mayor for inefficiency, neglect of duty, or malfeasance in office. The mayor and City Council
may for like cause remove the member selected by it.
ARTICLE III - OFFICERS AND THEIR DUTIES
Section 1. Officers
The officers of the City Planning Commission shall be a chairperson and vice-chairperson.
Section 2. Chairperson
The chairperson shall be elected from amongst the appointed members of the City Planning
Commission. He/she shall preside at all meetings and hearings of said Commission, and shall have
and perform the duties usually incident to the office of chairperson. He/she shall decide, subject to
these by-laws, all questions of order and procedure, unless otherwise directed by a majority of said
Commission in session at the time, and shall have the privilege of discussing all matters before said
Commission and of voting thereon.
Section 3. Vice-Chairperson
The Vice-Chairperson shall be elected from amongst the appointed members of the City Planning
Commission, and shall act for the Chairperson in his/her absence.
Section 4. Secretary
The secretary shall be the administrative official for the City Planning Commission. He/she shall
keep a record of the resolutions, transactions, findings and determinations of said Commission, which
record shall be a public record; shall prepare, under supervision of the Chairperson, the agenda for all
regular and special meetings of said Commission; shall provide notice of all meetings of said
Commission; and shall have and perform such other duties as are usually incident to the office of
secretary.
ARTICLE IV - NOMINATION AND ELECTION OF OFFICERS
Section 1. Date of Election
The elected officers of the City Planning Commission shall be nominated and elected each year at the
regular February meeting.
Section 2. Term of Elected Office
A candidate receiving a majority vote of the entire City Planning Commission membership present
shall be declared elected and shall hold office for one year, or until his/her successor takes office.
Section 3. Vacancies in Elected Office
Vacancies in office shall be filled for the unexpired term by regular election procedure at the next regular
meeting following such vacancy, or at a special meeting called for that purpose.
ARTICLE V- MEETINGS
Section 1. Regular Meetings
The regular meeting of the City Planning Commission shall be held on the forth Tuesday of each
month, at 7:00 p.m. at the City offices or as otherwise designated by the Planning Commission chair
person consistent with the Michigan Open Meetings Act.
Section 2. Special Meetings
Special meetings of the City Planning Commission may be held at the call of the Chairperson, or shall
be called by the Chairperson upon written request of at least five members of said commission. At
least 18 hours public notice shall be given before any special meeting. Business transacted at a special
at a special meeting is limited to that which is stated in the public notice.
ARTICLE VI - GENERAL RULES
Section 1. Quorum
Five members of the City Planning Commission shall constitute a quorum. A majority of those
present and voting shall be sufficient to pass any motion or resolution at any meeting of the City
Planning Commission.
Section 2. Open Meetings
All meetings of the City Planning Commission shall be open to the public.
Section 3. Parliamentary Practice
Parliamentary practice at all meetings of the City Planning Commission shall be guided by Roberts
Section 4. Official Action on Initial Presentation
No action other than discussion may be taken on any matter before the City Planning Commission at
the same meeting that matter is presented to said Commission or unless otherwise provided by these
by-laws. This requirement may be waived for a specific item by five affirmative votes of the City
Planning Commission.
Section 5. Motions
Motions on all matters requiring a vote shall be made in the positive.
Section 6. Conflict of Interest
Conflict of interest shall be cause to abstain from voting. The Commissioner with conflict shall so
declare and shall be excused from voting by a majority vote of the remaining Commissioners. The
Commissioner with conflict will leave the meeting during the entire discussion of the matter in
conflict.
ARTICLE VII - AMENDMENTS
These by-laws may be altered or amended by five affirmative votes of City Planning Commission
provided that written notice of the proposed alternations or amendments be given at a previous
meeting of said Commission.
This Ordinance shall become effective twenty (20) days from the date of publication.
Following a public reading of the Ordinance, and at a regular meeting of the City Council of
the City of Rose City held on the 3 day of April, 2001, adopting of the foregoing Ordinance was
moved by Ms. McKellar and supported by Ms. Davison.
Yeas: Miller, Anderson, Beyerlein. McKellar and Davison
Nays: none
Absent: Moshier
_________________________________
Ken Sherlund, Mayor
_________________________________
Barbara Zielinski, City Clerk
CERTIFICATION
The foregoing is a true copy of Ordinance No. 01-04-03 which was enacted by the City Council
of the City of Rose City at a regular meeting held on the 3rd. day of April, 2001
________________________________
ORDINANCE NO. _02-03/28
THE CITY OF ROSE CITY ORDAINS:
DOWNTOWN DEVELOPMENT AUTHORITY
SECTION 1. DETERMINATION OF NECESSITY: The City Council hereby determines
that it is necessary for the best interests of the public to create a public body corporate
which shall operate to halt property value deterioration, eliminate the causes of that
deterioration, increase property tax valuation where possible in the business district of the
City, and promote economic growth, pursuant to Act 197 of the Public Acts of Michigan,
as amended.
SECTION 2. DEFINITIONS: The terms used in this ordinance shall have the same
meaning as given to them in Act 197 or as hereinafter provided. As used in this
ordinance:
"Authority" means the Downtown Development Authority of the City of Rose
City created by this ordinance.
"Act 197" means Act No. 197 of the Public Acts of Michigan of 1975, as
amended.
"Board" or "Board of Directors" means the Board of Directors of the Authority,
the governing body of the Authority.
"Chief Executive Officer" means the Mayor of the City.
"City" means the City of Rose City, Michigan.
"Council" or "City Council" means the City Council of the City.
"Downtown District" means the downtown district designated by this ordinance,
as now existing or hereafter amended, and within which the Authority shall
exercise its powers.
SECTION 3. CREATION OF DOWNTOWN DEVELOPMENT AUTHORITY: There is
hereby created, pursuant to Act 197, a Downtown Development Authority for the City.
The Authority shall be a public body corporate and shall be known and exercise its
powers under the title "Downtown Development authority of the City of Rose City. The
authority may adopt a seal, may sue and be sued in any court of this State and shall
possess all of the powers necessary to carry out the purposes of its incorporation as
provided by this ordinance and Act 197. The enumeration of powers in this ordinance or
in Act 197 shall not be construed as a limitation upon the general powers of the
Authority.
SECTION 4. TERMINATION: upon completion of its purposes or for other reasons
determined by Council not in violation of the Act 197, the Authority may be dissolved
by the City Council. The property and assets of the Authority, after dissolution and
satisfaction of its obligations, shall revert to the City.
SECTION 5. DESCRIPTION OF DOWNTOWN DISTRICT: The Downtown District
shall consist of the territory in the City described in Exhibit A, attached hereto and made
a part hereof, subject to such changes as may hereinafter be made pursuant to this
ordinance and Act 197.
SECTION 6. BOARD OF DIRECTORS: The authority shall be under the supervision
and control of the Board. The Board shall consist of 9 members including one member
from the City Council, who shall be appointed and serve in accordance with Act 197. The
Board members will serve for 3-year terms, except that 3 members of the first D.D.A. to
be so appointed shall serve for the term of 1 year, 3 for a term of 2 years, and 3 for a term
of 3 years, and that the council may, by 2/3 vote, remove a Board member for
absenteeism or dereliction of duties proscribed by Act 197. Members of the Board shall
serve without compensation, but shall be reimbursed for actual and necessary expenses.
The Chairperson of the Board shall be elected by the Board. The Board shall adopt
Bylaws governing its procedures subject to the approval of the City Council.
SECTION 7. POWERS OF AUTHORITY: Except as specifically otherwise provided in
this ordinance, the Authority shall have all powers provided by law subject to the
limitations imposed by law and herein.
SECTION 8. FISCAL YEAR: BUDGET:
(a) The fiscal year of the authority shall begin on July 1st of each year and end on
June 30th of the following year, or such other fiscal year as may hereafter be
adopted by the Council.
(b) The Board shall prepare annually a budget and shall submit it to the City
Council for approval. The Board shall not finally adopt a budget for any fiscal
year until the budget has been approved by the City Council. The Board may,
however, temporarily adopt a budget in connection with the operation of any
improvements which have been financed by revenue bonds where required to
do so by he ordinance authorizing the revenue bonds.
(c) The Authority shall submit financial reports to the City Council at the same
time and on the same basis as departments of the City are required to submit
reports. The Authority shall be audited annually by the same independent
auditors auditing the City and copies of the audit report shall be filed with the
Council.
This ordinance shall be in full force and effect on the 11 day of March, 2002.
I hereby certify that the above entitled Ordinance was adopted by the City of Rose
City at a regular meeting of the City Council held on the 19 day of Feb., 2002, adopting
of the foregoing Ordinance was moved by Mr. Miller and supported by Ms. Shastal.
Yeas: Miller, Shastal, Beyerlein, McKellar & Gallagher
Nays: none
The foregoing is a true copy of Ordinance N9o. 02-03-28 which was enacted by
the City Council of Rose City at a special meeting held on the 28th day of March, 2002
_________________________________
Barbara Zielinski
Rose City Clerk
CITY
MAINTENANCE
CITY OF ROSE CITY ORDINANCE TO CONTROL
VEHICLES/JUNK
# 04-01-06
“An ordinance to control and regulate vehicles/junk and repealing any and all ordinances and
amendments thereto contravening the provisions of this ordinance.”
Section 1:
PARKING OR STORAGE OF UNLICENSED, INOPERABLE OR PARTIALLY
DISMANTLED VEHICLES PROHIBITED: EXCEPTIONS.
(A)
No unlicensed, inoperable, or partially dismantled motor vehicle or part of a motor
vehicle shall be parked or stored or permitted to remain on any premises in the City
except those parked or stored within an enclosed building.
(B)
Unlicensed or inoperable cars may be permitted to remain for a period of ten days if the
owner is obtaining a license therefore or is repairing or about to have the vehicle
repaired.
(C)
Any unlicensed but operable vehicle is exempt from the provisions of this chapter if the
vehicle had previously been licensed within the immediately preceding six-month
period.
(D)
Tires or parts of cars being removed, replaced or installed by the occupancy working on
his own car on the premises, may be reasonably stored in an orderly manner on the
premises, but not to exceed ten days. Parts or tires to be discarded shall be removed
immediately. Penalty, see Sec. 7.
Section 2: Removal by City.
The City is hereby authorized to remove any such unlicensed inoperable, partially dismantled
motor vehicles or parts or tires thereof after the aforesaid ten-day period has elapsed.
Section 3: Reclamation of Property form City; Disposition; Time Limits.
(A)
Any such unlicensed partially dismantled motor vehicle or parts or tires thereof removed
from any premises in the City may be held by the City until claimed by the owner who
shall pay the costs of removal or may be sold at any time after 30 thirty days from date
of removal by the City to reimburse the City of expenses of removal. The procedure for
such sale of personal property shall be developed by the Mayor of the City of Rose City.
(B)
The time limits for removal thereon specified may be extended for a period of not more
than 30 days upon issuance of special permit by the City in cases where undue hardship
would be caused by strict enforcement thereof.
Section 4: Condition Deemed Public Nuisance.
The presence of any unlicensed, inoperable, or dismantled or partially dismantled motor
vehicle, or parts or tired of a motor vehicle on premises as above described, contrary to this
ordinance is hereby declared to be public nuisance.
Section 5: Exemption.
This ordinance shall not apply to any person, firm or corporation primarily engaged in the
business of repairing motor vehicles or primarily engage in buying or selling motor vehicles in
an area appropriately zoned for those purposes provided those vehicles are stored in an orderly
manner.
Section 7: Penalty.
Violation of this ordinance is a Municipal Civil Infraction, pursuant to the City of Rose City
Code of Ordinances. Bearing a fine of $100.00 (One Hundred Dollars)
Section 8.
This ordinance shall take effect twenty (20) days after publication.
Adopted on June 1, 2004
LITTERING
Section 1: Leaving of Litter.
(A)
Any person who shall knowingly, without consent of the public authority having
supervision of public property or the owner of private property, dump, deposit, place,
throw, or leave or cause or permit the dumping, depositing, placing, throwing or leaving
of litter on public or private property designated and set aside for such purposes shall be
guilty of an offense punishable under Sec. 2.
(B)
Any person who shall remove a vehicle, wrecked or damaged in an accident on a
Highway, road or street, and fail to remove all glass and other injurious substances
dropped on the highway, road, or street as a result of an accident is guilty of an Offense
punishable under Sec. 2.
Section 2: Penalty
Violation of the ordinance is a Municipal Civil Infraction, pursuant to the City of Rose City
Code of Ordinances. Bearing a fine of $100.00 (One Hundred Dollars).
Section 3:
This ordinance shall take effect twenty (20) days after publication.
Adopted on June 1, 2004
Walter Scott__________________
Walter Scott, Mayor
Cindy Wiltse__________________
Cindy Wiltse, City Clerk
ORDINANCE NO. 04-04-20
AN ORDINANCE TO ADOPT AND APPROVE A TAX INCREMENT FINANCING
PLAN FOR ROSE CITY DOWNTOWN DEVELOPMENT AREA PURSUANT OT
THE PROVISIONS OF PUBLIC ACT 197 of 1975 TO PROVIDE FOR ALL
MATTERS RELATED THERETO.
Section 1-Definitions. The terms used in this ordinance shall have the following meaning
unless the context clearly requires otherwise:
Base Year Assessment Roll means the base year assessment roll prepared by the City
assessor in accordance with Section 4 of this ordinance.
Captured Assess Value means the amount in any one-year by which the current assessed
value as finally equalized of all taxable property in the Development Area exceeds the
Initial Assessed Value.
Development Area shall mean the area described in the Development Plan and Exhibit
A to this ordinance.
Development Plan means the Development Plan and Tax Increment Financing Plan
dated April 20, 2004 copies of which are on file in the office of the City Clerk. [As
transmitted to the City Council and confirmed by this ordinance.]
Downtown Development Authority means the City of Rose City Downtown
Development Authority.
Initial Assessed Value means the initial assessed value as defined in Public Act 197 of
1975.
Project Fund means the Downtown Development Authority Project Fund established
pursuant to Section 6 of this ordinance.
Taxing Jurisdiction shall mean each unit of government levying an ad valorem property
tax on property in the Development Area subject to the City of Rose City Downtown
Development Authority/Tax Increment Financing Plan.
1
Section 2 - Approval and Adoption of Development Plan. The Development plan is
hereby approved and adopted. The duration of the plan shall be twenty (20) years from
the date of issuance of the last series of bonds pursuant to the Development Plan, except
as it may be changed by subsequent amendments of the plan and this ordinance. A copy
of the plan and all amendments thereto shall be maintained on file in the City Clerk's
office and cross-indexed to this ordinance.
Section 3 - Boundaries of Development Area. The boundaries of Development Area as
set forth in the Development Plan are hereby adopted and confirmed.
Section 4 - Preparation of Base Year Assessment Rolls.
(a) Within 60 days of the effective date of this ordinance, the City assessor shall prepare
the Initial Base Year Assessment Roll. The Initial Base Year Assessment Roll shall
list each Taxing Jurisdiction subject to the Tax Increment Financing Plan in which the
Development Area is located, the Initial Assessed Value of the Development Area on
the effective date of this ordinance, and the amount of tax revenue derived by each
Taxing Jurisdiction form ad valorem taxes on the property in the Development Area.
(b) The assessor shall transmit copies of the Initial Base Year Assessment Roll to the
City Treasurer, County Treasurer, Downtown Development Authority, and each
Taxing Jurisdiction, together with a notice that the assessment roll has been prepared
in accordance with this ordinance and the tax increment financing plan contained in
the Development Plan approved by this ordinance.
Section 5 - Preparation of Annual Base Year Assessment Roll. Each year within fifteen
(15) days following the final equalization of property in the Development Area, the
assessor shall prepare an updated Base Year Assessment Roll. The updated Base Year
Assessment Roll shall show the information required in the Initial Base Year Assessment
Roll and, in addition, the Captured Assessed Value for that year. Copies of the Annual
Base Year Assessment Roll shall transmitted by the assessor to the same persons as the
Initial Base Year Assessment Roll, together with a notice that it has been prepared in
accordance with this ordinance and the Development Plan.
Section 6 - Establishment of Project Fund; Approval of Depositary. The treasurer of the
Downtown Development Authority shall establish a separate fund which shall be kept in
a depositary bank account or accounts in a bank or banks approved by the City Treasurer,
to be designated Downtown Development Authority Project Fund. All moneys received
by the Downtown Development Authority pursuant to the Development Plan shall be
deposited n the Project Fund. All moneys in that fund and earnings thereon shall be used
only in accordance with the Development Plan and this ordinance.
2
Section 7 - Payment of Tax Increments to Downtown Development Authority. The City
and County treasurers shall, as ad valorem taxes are collected on the property in the
Development Area, pay that proportion of the taxes, except for penalties and collection
fees, that the Captured Assessed Value bears to the Initial Assessed Value to the treasurer
of the Downtown Development Authority for deposit n the Project Fund. The payments
shall be made on the date or dates on which the City and County Treasurers are required
to remit taxes to each of the taxing jurisdictions.
Section 8 - Use of Moneys in the Project Fund. The money credited to the Project Fund
and on hand therein from time to time shall annually be used in the following manner:
(a) Pay the cost of completing the public improvements as set forth in the Development
Plan to the extent those costs are not financed from other proceeds.
(b) Pay the cost of any additional development improvements as determined necessary by
the Downtown Development Authority and approved by the City Council.
(c) Reimburse the City for funds advanced to acquire property, clear land, and make
preliminary plans, and improvements necessary for the development of the
Development Area in accordance with this plan.
(d) Pay into a debt retirement fund or funds that may be established for all outstanding
series of bonds issued pursuant to this plan an amount equal to the interest and
principal coming due (in case of principal whether by maturity or mandatory
redemption) prior to the next collection of taxes, less any credit for sums on hand in
the debt retirement fund.
(e) Establish a reserve account for payment of principal and interest on bonds issued
pursuant to this plan,
An amount, if any, required by the resolution authorizing a series of bonds. Any
amounts to the credit of the reserve account at the beginning of a fiscal year in excess
of the requirement of the preceding sentence shall be considered tax increment
revenue for that year.
(f) If bonds or other debt is incurred for the benefit of the Downtown Development
Authority, item (d) and (e) shall take precedence over all other expenditures.
3
(g) Pay the administrative and operating costs of the Downtown Development Authority
and the City for the development area, including planning and promotions, to the
extent provided in the annual budget of the Downtown Development Authority.
(h) Any tax increment receipts n excess of those needed under the preceding paragraphs
shall revert to the Taxing Jurisdictions or used for future development activities
within the Development Area, as defined in the Development Plan, pursuant to
applicable provisions of Public Act 197 of 1975 and other laws.
Section 9 - Annual Report. Within ninety (90) days after the end of each fiscal year, the
Downtown Development Authority shall submit to the City Council, with copies to each
Taxing Jurisdiction, a report on the status of the Project Fund. The report shall include
the amount and source of revenue in the account, the amount and purpose of expenditures
from the account, the Initialized Assessed Value of the Development Area, the Captured
Assessed Value of the Development Area, the tax increments received, and the amount of
any surplus form the prior year, and any additional information requested by the City
Council or deemed appropriate by the Downtown Development Authority. The secretary
of the Downtown Authority shall cause a copy of the report to be published once in a
newspaper of general circulation in the City.
Section 10 - Refund of Surplus Tax Increments. Any surplus money in the Project Fund
at the conclusion of the project, or at the termination of the Authority, shall be paid by the
Authority to the City or County Treasurer, as the case may be and rebated by them to any
appropriate Taxing Jurisdiction.
Section 11 - Effective Date of Ordinance. This ordinance shall become operative and
effective on the 20th day of April 2004.
The foregoing is a true copy of Ordinance No. 04-04-20, which was enacted by the City
Council of the City of Rose City at a regular meeting, held on the 20th day of April 2004.
____________________________
Wally Scott, Mayor
____________________________
Published: April 29, 2004
4
TRASH RECEPTACLES ORDINANCE
ORDAINS:
Adopted April 17, 2001
Effective: 20 days after publication
AN ORDINANCE for removal of trash receptacles after pick up.
Chapter 1
Section I Removal:
Each trash receptacle belonging to a residence can be set out for pick up the day
before and must be removed from the street the same day of pick up.
Section II Enforcement:
1st. Offence, a warning. After 1st. Warning you will receive a citation for $10.00
from the Rose City Police Department, to be paid at Rose City Clerk's Office.
Following a public reading of the Ordinance, and at a regular meeting of
the City Council of the City of Rose City held on the 17th. day of April, 2001,
adopting of the foregoing Ordinance was moved by Ms. McKellar and supported
by Ms. Davison.
Yeas: Miller, Anderson, Beyerlein, McKellar and Davison
Nays: none
Absent: Moshier
______________________________
Kenneth Sherlund, Mayor
______________________________
CERTIFICATION
The foregoing is a true copy of Ordinance No 04-17-01, which was enacted by the
City Council of the City of Rose City at a regular meeting, held on the 17th. day of April, 2001.
______________________________
COUNCIL MEMBER ABSENTEEISM
and
CONFLICTS OF INTEREST
ORDAINS:
ORDINANCE NO.: 04-17-01-1
Adopted: April 17, 2001
Effective: 20 days after publication
AN ORDINANCE to regulate the attendance of
Council members at Council meetings, to
proscribe penalties for consecutive, un-excused
absenteeism, and to prohibit Conflicts of
Interest of Council members.
Chapter
I
Section 1.00 – Required Attendance at Council Sessions and Meetings:
All Council members
are required to attend all meetings and other sessions of the Council, and shall serve on all committees
and commissions when appointed thereon.
State law reference: MCLA § 88.5.
Section 2.00 – Unexcused Absenteeism of council members; Fines and Penalties:
In the event
any member of Council shall fail to attend three (3) consecutive Council meetings or sessions, or
meetings or sessions of committees upon which such member has been appointed, and without having
previously been excused by a vote of a majority of the remaining Council members entitled to vote
thereon, the Mayor may in his discretion impose a fine against such absent member not to exceed
$100.00; or, the absent member may be removed from the Council by a 2/3 vote of the remaining
Council members entitled to vote thereon.
State law reference: MCLA §§ 88.9, 88.17.
Section 3.00 – Conflicts of Interest:
No member of the Council shall vote on any matter or
issue with respect to which such member has a direct personal interest. In such event, the member
having such a direct personal interest shall make known to the Council the existence of such direct
personal interest and the particular nature of same, all of which shall be reflected within the Minutes of
the corresponding meeting or session.
State law reference: MCLA § 88.5.
Following a public reading of the Ordinance, and at a regular meeting of the City Council of the City of
Rose City held on the 17 day of April, 2001, adopting of the foregoing Ordinance was moved by
Ms. McKellar and supported by Mr. Beyerlein.
Yes: Davision, McKellar, Beyerlein, Anderson and Miller
No: none
Absent: Moshier
Ken Sherlund
Ken Sherlund, Mayor
Barbara Zielinski
Barbara Zielinski, Clerk
CERTIFICATION
The foregoing is a true copy of Ordinance No. 04-17-01-1 which was enacted by the City Council of
the City of Rose City at a regular meeting held on the 17 day of April, 2001.
Barbara Zielinski
Barbara Zielinski, Clerk
ORDINANCE # 05-04-05
An ordinance to amend ordinance #97-10-2
The City of Rose City amends Ordinance for the operation of snowmobiles and O.R.V.s. The City
hereby authorizes the following streets and alleyways as designated routes for Snowmobile and O.R.V.
Travel.
Two-way travel is allowed on the following roads:
To Be Deleted:
Casemaster Dr., Industrial Park Dr., Beechwood Rd., East Main to Heberstreit, Cleveland
Circle, Warner St, to the alley between Warner St. and M-33. The alley from Babcock St. to
Don St. Don St to West Main St. and Townline Rd. to the City Limits.
Now Reads:
Casemaster Dr., Industrial Park Dr., Beechwood Rd., East Main St. to Heberstreiet, Cleveland
Circle, Warner St. to alleyway between Warner St. and Hayes St., Hayes St. to alleyway
between Page St. and Don St., Don St. to Myron to Townline Rd., north. Or: Casemaster Dr. to
Water St., Cemetery Trail, Page St., Hebestreit to alleyway between Page St. and Don St.,
Myron to Townline Rd., north. To Heath Road
One way travel is allowed:
To be Deleted:
North from Cleveland Circle in the far right of M-33 on the right of way to the City Limits. The
route to Forward and around Forwards and the alley between Forwards and Trapper's Sports Bar
and Lounge.
Now Reads:
The route to Forwards and around Forwards and the alley between Forwards and Pat's Sport
Bar.
Any violations of this ordinance will be enforced under the Michigan Motor Vehicle Code and the
Natural Resources and Enviromental Protection Act. This Ordinance supersedes all other ordinances
and all others are here by repealed and amended.
Yeas: Leona Pariseau, Henry Aday, Bettye Smith, Caroline Beyerlein, Jana Healey
Nays: None
Absent: Wesley Ramsden
The Mayor and the Council declared the Ordinance adopted on April 5, 2005.
_____Cindy Wiltse_________
_____William Schneider____
William Schneider, Mayor
City of Rose City
Ogemaw County, Michigan
ORDINANCE NO.: 11-12-20
Adopted: December 20, 2011 Effective: January 1, 2012
AN ORDINANCE TO AMEND ORDINANCE NO. 80-4-21 OF THE ORDINANCES OF THE
CITY OF ROSE CITY AND TO PROVIDE FOR REVISED OR AMENDED WATER RATES
TO BE CHARGED FOR WATER SERVICE AND TO PROVIDE FOR REVISED OR
AMENDED RATES TO BE CHARGED FOR WATER HOOKUP SERVICES AND REVISED
OR AMENDED POLICY AND PROCEDURES FOR HOOKUP SERVICE SUCH AS IS
SUPPLIED BY THE CITY OF ROSE CITY WATER SUPPLY SYSTEM.
Section 1.
Ordinance NO. 80-4-21 and the same is hereby amended as follows:
The quarterly rates to charge by said system will be for each quarter (three month period) as follows:
WATER RATES
Ready to serve charge: (Flat rate, no limit on water consumption)
Stepped Multi-Year Increase
Unmetered Billing Rate per Month
FY2012
FY2013
FY2014
FY2015
FY2016
FY2017
___________________________________________________________________________________
Residential 1”
$25.00
$26.00
$27.00
$28.00
$29.00
$30.00
Commercial 1”
$30.00
$31.00
$32.00
$33.00
$34.00
$35.00
Commercial
$50.00
$52.00
$54.00
$56.00
$58.00
$60.00
1-1/2” & 2”
Commercial 4”
$93.00
$96.00
$99.00
$102.00
$105.00
$108.00
Commercial 6”
$135.00
$140.00
$145.00
$150.00
$155.00
$160.00
Commercial 8”
$160.00
$166.00
$172.000
$178.00
$184.00
$190.00
Unmetered Billing Rate per Quarter
___________________________________________________________________________________
Residential 1”
$75.00
$78.00
$81.00
$84.00
$87.00
$90.00
Commercial 1”
$90.00
$93.00
$96.00
$99.00
$102.00
$105.00
Commercial
$150.00
$156.00
$162.00
$168.00
$174.00
$180.00
1-1/2” & 2”
Commercial 4”
$279.00
$288.00
$297.00
$306.00
$315.00
$324.00
Commercial 6”
$405.00
$420.00
$435.00
$450.00
$465.00
$480.00
Commercial 8”
$480.00
$498.00
$516.00
$534.00
$552.00
$570.00
Fire Dept. 4”
$125.00
$130.00
$135.00
$140.00
$145.00
$150.00
AND WHEREAS the following guidelines, restrictions and connection fees regarding hook-up City
water will be as follows:
GUIDELINES AND RESTRICTIONS AND WATER HOOKUP
The following guidelines and restrictions shall be adhered to with respect to any water hookup within
the City of Rose City residential or commercial:
1.
All appointments will be made with the City of Rose City DPW at least 2 (two) weeks
prior to scheduled hookup, except in the case of an emergency.
2.
All appointments will be honored at the time of receipt of payment and weather
permitting
3.
The City of Rose City DPW will supply all materials for 1 inch line water line which
includes all digging from main to property line, all 1 inch line, tap, shut off valve for
inside house (only) and valve box from the main to designated building.
4.
Property owners are responsible for installation of service line and digging
(recommended a trench at least 24 inches wide and 4 feet deep) from property line to
designated building prior to the City of Rose City DPW water hookup scheduled
appointment.
5.
Backfilling must be completed immediately after water hookup. Fill material shall be
clean and devoid of large rocks, contaminated or organic material.
6.
Property owners requesting larger than 1 inch line from property line to building are
responsible for purchasing all 1-1/2, 2, 4, 6 or 8 inch lines needed for hookup.
7.
The City of Rose City will have summer connection rates which run from April 16th to
to November 14th and winter connection rates will run from November 15th to April 15th.
8.
Summer connection rates are as follows:
1 inch line connection: $800.00
City will provide service line to property line and the City will only supply materials to the building.
1-1/2, 2, 4, 6, 8 inch line connection: $1,000.00
Plus supply materials and contractors cost.
9.
Winter connection rates are as follows:
1 inch line connection: $1,600.00
City will provide service line to property line and the City will only supply materials to the building.
1-1/2, 2, 4, 6, 8 inch line connection: $1,000.00
Plus supply materials and contractors cost
10.
Well head must be certified as capped and removed within 6 months of connection to the
Rose City Water System.
This Ordinance shall take effect on the 1st day of January, 2012
Following a public reading of the Ordinance and at a regular meeting of the City Council of the City of
Rose City held on the 20th day of December, 2011, adopting of the foregoing Ordinance was moved by
Marva Hartman and supported by Leona Pariseau.
Ayes: Keith Rohr, Marva Hartman, Jane Griffith, Dennis Dombrowski, Leona Pariseau,
Jana Healey.
Nays: None
Absent: None
Cindy Wiltse_____________
Cindy Wiltse, Clerk
David J Reasner_____________
David Reasner, Mayor
CERTIFICATION:
I, Cindy Wiltse, City Clerk for the City of Rose City, County of Ogemaw, Michigan, do hereby certify
that the attached is a full, true, and correct copy of an Ordinance duly made, passed and adopted by the
City Council of the City of Rose City, Michigan, at a regular meeting of the Council held on the 20th
day of December 11.
Cindy Wiltse____________
CITY OF ROSE CITY WEED CONTROL
An ordinance for the control of growth of weeds, grass, or other rank
vegetation and/or accumulation of dead weeds, grass, trees or brush.
An ordinance that requires property owners occupying and/or owning any
property whether occupied or vacant, improved or unimproved, shall permit
or maintain on any such property, or on the untraveled portion of streets
lying between the road and sidewalk which abuts on any such property, and
any growth of weeds, grass or other rank vegetation to a greater height than
ten (10) inches, or any accumulation of dead weeds, grass or brush.
It shall be the duty of the occupant and/or owner of every property whether
occupied or vacant, improved or unimproved, within the City of Rose City
to remove by lawful means all such dead or hazardous trees or tree limbs
that threaten surrounding property or the public right of way as may be
necessary to comply with the ordinance.
The City of Rose City is diverse in land types, (Commercial, Residential,
Agricultural, Small and Large Parcels) therefore the determination of what
areas need to comply with this ordinance shall fall under the direction of the
City Properties Committee.
If there is a disagreement with the opinion of the City Properties Committee,
the property owner in violation shall file a written disagreement with the
committee. The disagreement will be presented to the Rose City Council
and be determined by a vote.
Upon complaint of a specific violation of this ordinance, the City Properties
Committee shall investigate such complain and the premises complained of,
after such investigation, if the City Properties Committee shall determine
that the property is in violation of this ordinance a certified letter shall be
mailed to the owner of said property giving fourteen (14) days to comply
with said ordinance. If the violation has not been resolved within fourteen
(14) days a fine of one hundred and fifty dollars ($150.00) will be issued to
the owner of property in violation. The fine will continue to occur every
fourteen (14) days or until the violation has been resolved.
The City of Rose City will have a lien on said land fined and said fines shall
be added to the real estate tax assessment rolls for such land if not paid.
Upon this ordinance taking effect, any prior City of Rose City ordinance
covering the same substantially similar subjects is hereby repealed to the
extent they provide for rules and regulations which are inconsistent with this
document.
This ordinance takes effect June 25, 2013.
Adopted June 4, 2013.
CERTIFICATION
The foregoing is a true copy of Ordinance No.13-06-04 which was enacted
by the City Council of the City of Rose City at a regular meeting held on the
4th day of June 2013.
______________________________
Cindy Rosebrugh, City Clerk
CITY OF ROSE CITY
OGEMAW COUNTY, MICHIGAN
AN ORDINANCE TO ESTABLISH A LOCAL OFFICERS' COMPENSATION COMISSION.
Section I.
A local officers' compensation commission is created which shall determine the salaries of all
local elected officials. The commission shall consist of five members who are registered electors of the
city, appointed by the major subject to confirmation by a majority of the members elected and serving
in the legislative body. The term of office shall be five years, except that of the members first appointed
for terms of one, two, three, four and five years. All first members shall be appointed within thirty days
after the effective date of this ordinance. Thereafter members shall be appointed before October 1 of
the year of appointment. Vacancies shall be filled for the remainder of the unexpired term. No member
or employee of the legislative, judicial or executive branch of any level of government or members of
the immediate family of such member or employee shall be eligible to be a member of the commission.
Section II.
The commission shall determine the salaries of such local elected officials, which determination
shall be the salaries unless the legislative body, by resolution adopted by two-thirds of the members
elected to and serving on the legislative body, reject them. The determinations of the commissions shall
be effective thirty days following their filling with the city clerk unless rejected by the legislative body.
In case of rejection, the existing salaries shall prevail. Any expense, allowance or reimbursement paid
to elected officials in addition to salary shall be for expenses incurred in the course of city business and
accounted for to the City.
Section III.
The commission shall meet for not more than fifteen session days in 1979 and every oddnumbered year thereafter, and shall make its determination within forty-five calendar days of its first
meeting. A majority of the members of the commission constitute a quorum for conducting the business
of the |commission. The commission shall take no action or make determinations without a concurrence
of a majority of the members appointed and serving on the commission. The commission shall elect a
chairman from among its members. “Session days” means any calendar day on which the commission
meets and a quorum is present. The members of the commission shall receive no compensation, but
shall be entitled to their actual and necessary expenses incurred in the performance of their duties.
Section IV.
The governing body shall implement this provision by resolution. After one year following the
date this ordinance goes into effect, the procedure for establishing the compensation of elected officials
may be changed by charter amendment or revision.
Section V.
Within sixty days after the effective date of this ordinance a petition for a referendum on the
ordinance may be filed in accordance with the procedure provided in the charter, or otherwise, by
filling a petition with the city clerk containing the signatures of at least five percent of the registered
electors of the city on the effective date of the ordinance, in which case the election shall conducted in
the same manner as an election on a charter amendment. If a petition for referendum is filed, any
determination of the commission shall not be effective until the ordinance has been approved by the
electors.
Section VI.
If any phrase, sentence or paragraph of the Ordinance shall be held for any reason to be
ineffective or unconstitutional, then such holding shall not in any way effect the validity of the
remainder of this Ordinance, it being the declared intent and purpose of the City Council that this
Ordinance will be enacted as to all the other terms and provisions thereof, notwithstanding the
invalidity or unconstitutionality of any such phrase, sentence or paragraph.
Section VII.
This Ordinance shall take effect on the 19th day of June, 1978, and shall be published once in
the Ogemaw County Herald, a newspaper circulated within said City, and publication in the newspaper
shall be made with (1) week after the passage thereof.
Section VIII.
This Ordinance is hereby declared to have been adopted and passed by the City Council of the
City of Rose City, County of Ogemaw, State of Michigan, at a regular meeting thereof duly called and
held on the 19th day of June, A.D. 1978.
Harold J. Quigley
Harold J. Quigley, Mayor
ATTEST:
Shirley Ann Wickwire
Shirley Ann Wickwire, City Clerk
Ordinance No. 773
AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND
DRAINS: PRIVATE SEWAGE DISPOSAL: THE INSTALLATION AND CONNECTION OF
BUILDING SEWERS AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC
SEWER SYSTEM: AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: IN THE CITY
OF ROSE CITY, COUNTY OF OGEMAW, STATE OF MICHIGAN.
Article I
Unless the content specifically indicates otherwise, the meaning of terms used in this ordinance
shall be as follows:
Section 101. “Sewage Works” shall mean all facilities for collecting, pumping, treating, and
disposing of sewage.
Section 102. “Superintendent” shall mean the Superintendent of Public Works of the City of
Rose City, or his authorized deputy, agent, or representative.
Section 103. “Sewage” shall mean a combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together with such ground, surface, and
storm waters as may be present.
Section 104. “Sewer” shall mean a pipe or conduit for carrying sewage.
Section 105. “Public Sewer” shall mean a sewer in which all owners of abutting properties have
equal right, and is controlled by public authority.
Section 106. “Combined Sewer” shall mean a sewer receiving both surface runoff and sewage.
Section 107. Sanitary Sewer” shall mean a sewer which carries sewage and to which storm,
surface, well overflow, and ground waters are not intentionally admitted.
Section 108. “Storm Sewer” or “Storm Drain” shall mean a sewer which carries storm and
surface waters, well overflows, and drainage, but excludes sewage and polluted industrial wastes.
Section 109. “Sewage Treatment Facility” shall mean any arrangement of devices and structures
used for treating sewage.
Section 110. “Industrial Wastes” shall mean the liquid wastes from industrial processes as
distinct from sanitary sewage.
Section 111. “Garbage” shall mean solid wastes from the preparation, cooking, and dispensing
of food, and from the handling, storage and sale of produce.
Section 112. “Properly Shredded Garbage” shall mean the wastes from the preparation, cooking,
and dispensing of food that have been shredded to such degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch in
any dimension.
Section 113. “Building Drain” shall mean that part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, waste, and other drainage pipes (excluding
flowing well drains) inside the walls of the building and conveys it to the building sewer, beginning 5
feet outside the intter face of the building wall.
Section 114. “Building Sewer” shall mean the extension from the building drain to the public
sewer or other place of disposal.
Section 115. “B. O. D.” (denoting Biochemical Oxygen Demand) shall mean the quantity of
oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5
days at 20 C., expressed in parts per million by weight.
Section 116. “pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in
grams per liter of solution.
Section 117. “Suspended Solids” shall mean solids that either float on the surface of, or are in
suspension in water, sewage, or other liquids; and which are removable by laboratory filtering.
Section 118. “Natural Outlet” shall mean any outlet into a watercourse, pond, ditch, lake or
other body of surface or ground water.
Section 119. “Watercourse” shall mean a channel which a flow of water occurs, either
continuously or intermittently.
Section 120. “Person” shall mean any individual, firm, company, association, society,
corporation, or group.
Section 121. The term “Shall is mandatory the term “May” is permissive.
Article II
Use of Public Sewers Required
Section 201. It shall be unlawful for any person to place, deposit, or permit to be deposited in
any unsanitary manner upon public or private property within the City of Rose City, or in any area
Under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable
waste.
Section 202. It shall be unlawful to discharge to any natural outlet within the City of Rose City,
or in any area under the jurisdiction of said City, any sanitary sewage, industrial wastes, or other
polluted waters, except where suitable treatment has been provided in accordance with subsequent
provisions of this ordinance.
Section 203. Except as hereinafter provided, it shall be unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
Section 204. It being essential to protect the public health, safety and welfare of the City of
Rose City, to prevent ill health and the transmission of disease, and to preserve and protect the quality
of surface and subsurface waters in and around the City of Rose City, the owner of all buildings, in
which toilet, kitchen, laundry, bathing or other facilities which generate water-carried sanitary-sewage
are used or available for use for household, commercial, industrial or other purposes which building is
situated within the City and not more than 200 feet from a right of way, easement, highway, street or
public way in which there is now located or may in the future be located a public sanitary or combined
sewer of the City, is hereby required, at his expense, to install suitable toilet facilities therein, and to
connect such facilities directly with the proper public sewer in accordance with the provisions of this
ordinance, within ninety (90) days after date of mailing official notice to the owner of the property by
first class or certified mail and by publishing a notice in a newspaper of general circulation in the City
of availability of the public sanitary sewer system.
Article III
Private Sewage Disposal
Section 301. Where a public sanitary or combined sewer is not available under the provisions of
Section 204, the building sewer shall be connected to a private sewage disposal system complying with
the provisions of this article.
Section 302. Before commencement of construction of a private sewage system the owner shall
first obtain a written statement signed by the Superintendent as to the non-availability of a public sewer
for his use. He shall then comply with all the application procedures and requirements of the District
Health Department as pertains to individual on-site waste disposal.
Section 303. A permit for a private sewage disposal system shall not become effective until the
installation is completed to the satisfaction of the District Sanitarian. He shall be allowed to inspect the
work at any stage of construction and, in any event, the applicant for the permit shall notify the District
Sanitarian when the work is ready for final inspection, and before any underground portions are
covered.
Section 304. The type, capacities, location and layout of a private sewage disposal system shall
comply with all recommendations of the Department of Public Health of the State of Michigan. No
permit shall be issued for any private sewage disposal system employing subsurface soil absorption
facilities where the area of the lot is less than seven thousand five hundred (7,500) square feet. No
septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
Section 305. At such time as a public sewer becomes available to a property served by a private
sewage disposal system, as provided in Section 204, a direct connection shall be made to the public
sewer in compliance with this ordinance, and any septic tanks, cesspools, and
similar private sewage disposal facilities shall be abandoned and filled with suitable material.
Section 306. The owner shall operate and maintain the private sewage disposal facilities in a
sanitary manner at all times, at no expense to the City.
Section 307. No statement contained in this article shall be construed to interfere with any
additional requirements that may be imposed by the health Officer.
Article IV
Building Sewers and Connections
Section 401. No unauthorized person shall uncover, make any connections with or opening info,
use alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit
from the Superintendent.
Section 402. There shall be two (2) classes of building sewer permits: (1) for residential and
commercial service, and (2) for service to establishments producing industrial wastes. In either
case, the owner or his agent shall make application on a special form furnished by the City. The permit
application shall be supplemented by any plans, specifications, or other information considered
pertinent in the judgment of the Superintendent. A permit and inspection fee of Ten ($10.00) Dollars for
a residential or commercial building sewer permit shall be paid to the City Treasurer at the time the
application is filed.
Section 403. All costs and expense incident to the installation and connection of the building
sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that
may directly or indirectly be occasioned by the installation of the building sewer.
Section 404. A separate and independent building sewer shall be provided for every building;
except where one building stands at the rear of another on any interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway,
the building sewer from the front building may be extended to the rear building and the whole
considered as one building sewer.
Section 405. Old building sewers may be used in connection with new building only when they
are found, on examination and test by the Superintendent, to meet all requirements of this ordinance.
Section 406. The building sewer shall be cast iron soil pipe, ASTM specification (A74-42) or
equal; vitrified clay sewer pipe, ASTM specification (C13-44T) or equal; or ABS plastic pipe,
ASTM D-2661-67 (Extra Strength Sewer and Drain); or PVC ASTM D-2665-68, D. 1785-67a in
accordance with State Plumbing Board Letter 70-1; or other suitable material approved by the
Superintendent. Joints shall be tight and waterproof. Any part of the building sewer that is located
within 10 feet of a water service pipe shall be constructed of cast iron soil pipe with leaded or
mechanical joints. Cast iron pipe may be required by the Superintendent where the building sewer is
exposed to damage by the tree roots. If installed in filled or unstable ground, the building sewer shall be
of cast iron soil pipe, except that non-metallic material may be accepted if laid on a suitable concrete
bed or cradle as approved by the Superintendent.
Section 407. The size and slope of the building sewer shall be subject to the approval of the
Superintendent, but in no event shall the diameter be less than six (6) inches. The slope of such 6-inch
pipe shall be not less than one-eighth (1/8) inch per foot.
Section. 408. Whenever possible the building sewer shall be brought to the building at an
elevation below the basement floor. No building sewer shall be laid parallel to or within three (3) feet
of
any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection
from frost. The building sewer shall be laid at uniform grade and in straight alignment in so far as
possible. Changes in direction shall be made only with properly curved pipe and fittings.
Section 409. In all buildings in which any building drain is too low to permit gravity flow to the
public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and
discharged to the building sewer.
Section 410. All excavations required for the installation of a building sewer shall be open
trench work unless otherwise approved by the Superintendent. Pipe laying and backfill shall be
performed in accordance with ASTM specifications (C12-19) except that no backfill shall be placed
until the work has been inspected.
Section 411. All joints and connections shall be made gastight and watertight.
Cast iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead,
Federal Specification (QQ-L-156), not less than one (1) inch deep. Lead shall be run in one pouring
and caulked tight. No paint, varnish, or other coatings shall be permitted on the jointing material until
after the joint has been tested and approved.
All joints in vitrified clay pipe or between such pipe and metals shall be made with approved
hot-poured jointing material as specified below.
Material for hot-poured joints shall not soften sufficiently to destroy the effectiveness of the
joint when subjected to a temperature of one hundred sixty (160 F.) degrees Fahrenheit, nor be soluble
in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute,
hemp, or similar approved material.
Portland cement joints shall not be permitted.
All joints in plastic pipe shall be chemically welded with solvent cement specific to the plastic
used. Plastic systems must be similar materials and solvent cements throughout (i.e. systems of PVC
shall use only PVC pipe, PVC fittings, and PVC solvent cements and likewise ABS systems shall be
exclusively ABS components.)
Other jointing materials and methods may be used only by approval of the Superintendent.
Section 412. The connection of the building sewer into the public sewer shall be made at the
“Y” branch, if such branch is available at a suitable location. If no properly located “Y” branch is
available, the owner shall at his expense install a “Y” branch in the public sewer at the location
specified by the Superintendent. The invert of the building sewer at the point of connection shall be at
the same or at a higher elevation than the invert of the public sewer. Special fittings may be used for the
connection only when approved by the Superintendent.
Section 413. The applicant for the building sewer permit shall notify the Superintendent when
the building sewer is ready for inspection and connection to the public sewer. The connection shall be
made under the supervision of the Superintendent or his representative.
Section 414. All excavations for building sewer installation shall be adequately guarded with
barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other
public property disturbed in the course of the work shall be restored in a manner satisfactory to the
City.
Article V
Use of the Public Sewers
Section 501. No person shall discharge or cause to be discharged any storm water, surface
water, ground water, flowing well overflow, roof runoff, subsurface drainage, cooling water or
Unpolluted industrial process waters to any sanitary sewer.
Section 502. Storm water, flowing well overflows, and all other unpolluted drainage shall be
discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet
approved by the Superintendent. Industrial cooling water or unpolluted process waters may be
discharged, upon approval of the Superintendent, to a storm sewer, or natural, outlet. All such use
permits shall be based upon the prior approval of the Michigan Water Resources Commission.
Section 503. Except as hereinafter provided, no person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewer:
(a)
Any liquid or vapor having a temperature higher than (150 F.).
(b)
Any water or waste which may contain more than (100) parts per million, by weight, of
fat, oil, or grease.
(c)
Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or
gas.
(d)
Any garbage that has not been properly shredded.
(e)
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feather, tar, plastics,
wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the
flow in sewers or other interference with the proper operation of the sewage works.
(f)
Any waters or wastes having a pH lower than (5.5) or higher than (9.0), or having any
other corrosive property capable of causing damage or hazard to structures, equipment, and personnel
of the sewage works.
(g)
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to
injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or
create any hazard in the receiving waters of the sewage treatment plant.
(h)
Any waters or wastes containing suspended solids of such character and quantity than
unusual attention or expense is required to handle such materials at the sewage treatment plant.
(i)
Any noxious or malodorous gas or substance capable of creating a public nuisance.
Section 504. Grease, oil, and sand interceptors shall be provided when, in the opinion of the
Superintendent, they are necessary for the proper handling of liquid wastes containing grease in
excessive amounts, or any flammable wastes, sand, and other harmful ingredients; except that such
interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be
of a type and capacity approved by the Superintendent and shall be located as to be readily and easily
accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding
abrupt and extreme change in temperature. They shall be of substantial construction, watertight, and
equipped with easily removable covers which when bolted in place shall be gastight and watertight.
Section 505. Where installed, all grease, oil and sand interceptors shall be maintained by the
owner, at his expense, in continuously efficient operation at all times.
Section 506. The admission into the public sewers of any waters or wastes having (a) a 5-day
Biochemical Oxygen Demand greater than (300) parts per million by weight, or (b) containing more
than (350) parts per million by weight of suspended solids, or (c) containing any quantity of substances
having the characteristics described in Section 503, or (d) having an average daily flow greater than
(2%) of the average daily sewage flow of the City, shall be subject to the review and approval of the
Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide, at his
expense, such preliminary treatment as parts per million and the suspended solids to (350) parts per
million by weight, or (b) reduce objectionable characteristics or constituents to within the maximum
limits provided for in Section 503, or (c) control the quantities and rates of discharge such wasters or
wastes. Plans, specifications and any other pertinent information relating to proposed
preliminary treatment facilities shall be submitted for the approval of the Superintendent and the Water
Resources Commission of the State of Michigan, and non-construction of such facilities or the facilities
to be served shall be commenced until said approvals are obtained in writing.
Section 507. Where preliminary treatment facilities area provided for any waters or wastes, they
shall be maintained continuously in satisfactory and effective operation, by the owners at his expense
and they shall be subject to inspection by the Superintendent and by the Michigan Department of
Public Health.
Section 508. When required by the Superintendent, the owner of any property served by a
building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer
to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall
be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible
at all times.
Section 509. All measurements, tests, and analyses of the characteristics of waters and wastes to
which reference is made in Sections 503 and 506 shall be determined in accordance with “Standard
Methods for the Examination of Water and Sewage”, and shall be determined at the control manhole
provided for in Section 508, or upon suitable samples taken at said control manhole. In the event that
no special manhole has been required, the control manhole shall be considered to be the nearest
downstream manhole in the public sewer to the point at which the building sewer is connected.
Section 510. No statement contained in this article shall be construed as preventing any special
agreement or arrangement between the City and any industrial concern whereby an industrial waste of
unusual strength or character may be accepted by the City for treatment, subject to payment therefor by
the industrial concern.
Section 601. No unauthorized person shall maliciously, willfully, or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the
municipal sewage works. Any person violating this provision shall be subject to immediate arrest under
charge of disorderly conduct.
Article VII
Powers and Authority of Inspectors
Section 701. The Superintendent and other duly authorized employees of the City bearing
proper credentials and identification shall be permitted to enter upon all properties for the purposes of
inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this
ordinance.
Article VIII
Penalties
Section 801. Any person found to be violating any provision of this ordinance except Section
601 shall be served by the City with written notice stating the nature of the violation and providing a
reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of
time stated in such notice, permanently cease all violations.
Section 802. Any person who shall continue any violation beyond the time limit provided for in
Section 801 shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any amount
not exceeding Two Hundred ($200.00) Dollars for each violation. Each day in which any such violation
shall continue shall be deemed a separate offense.
Section 803. Any person violating any of the provisions of this ordinance shall become liable to
the City for any expense, loss, or damage occasioned the City by reason of such violation.
Article IX
Validity
Section 901. All ordinances of parts of ordinances in conflict herewith are hereby repealed
insofar as the conflicting portions thereof are concerned.
Section 902. The invalidity of any section, clause, sentence, or provision of this ordinance
which can be given effect without such invalid part or parts
Article X
Ordinance in Force
Section 1001. This ordinance shall be in full force and effect twenty (20) days after its passage.
Approved this 2nd day of July, 1973.
Marguerite Martin__________________
Marguerite Martin, City Clerk
Harold Quigley____________________
Harold Quigley, Mayor
I hereby certify that the foregoing constitutes a true and complete copy of Ordinance No. 773
duly adopted by the City Commission at the City of Rose City, County of Ogemaw, State of Michigan,
at a Regular meeting held on July 2, 1973 at which all Commissioners were present except Kenneth
Butler, Thomas Wilber, and that public notice of said meeting was given pursuant to Act No. 261,
Public Acts of Michigan 1968, including in the case of a special or rescheduled meeting notice by
publication or posting at least twelve hours prior to the time set for the meeting.
I further certify that Commissioner David Scotten moved adoption of said Ordinance and that
Commissioner Edward Zielinski supported said motion.
I further certify that the following Commissioners voted for adoption of said Ordinance
Clarence Cooley – Edward Killackey – David Scotten and Edward Zielinski and that the following
Commissioners voted against adoption of said Ordinance None.
I further certify that said Ordinance has been recorded in the Ordinance Book of the City and
that such recording has been authenticated by the signatures of the Mayor and City Clerk.
Marguerite Martin_____________________
Marguerite Martin, City Clerk
DISORDERLY CONDUCT ORDINANCE
# 78-20-2
A motion was made by Councilman Clarence W. Cooley and supported by Councilman Thomas
A. Wilber to adopt the following ordinance.
The City of Rose City hereby ordains:
Section 1. Definition. A person is a disorderly person if the person is any of the following:
(a)
A person of sufficient ability who refuses or neglects to support his or her family
(b)
A common prostitute.
(c)
A window peeper.
(d)
A person who engages in an illegal occupation or business.
(e)
A person who is intoxicated in a public place and who is either endangering directly the
safety of another person or of property or is acting in a manner that causes a public disturbance.
(f)
A person who is engaged in indecent or obscene conduct in a public place.
(g)
A vagrant.
(h)
A person found begging in a public place.
(i)
A person found loitering in a house of ill fame or prostitution or place where prostitution
or lewdness is practiced, encouraged, or allowed.
(j)
A person who knowingly loiters in or about a place where an illegal occupation or
business is being conducted.
(k)
A person who loiters in or about a police station, police headquarters building, county
jail, hospital, court building, or other public building or place for the purpose of soliciting employment
of legal services or the services of sureties upon criminal recognizances.
(l)
A person who is found jostling or roughly crowding people unnecessarily in a public
place.
Section 2. Penalty. Any person convicted of being a disorderly person shall be punished by a
fine of not to exceed $500.00 or by imprisonment for 90 days or by both such fine and imprisonment,
in the discretion of the court.
Section 3. Effective Date. This ordinance shall be effective after publication and expiration of
the time prescribed by law.
This ordinance was adopted by the following yea and nay vote:
Yeas: Clarence W. Cooley, Edward A. Killackey, Thomas A. Wilber and Edward E. Zielinski
Nays: None
Absent: Lawrence Delmotte
Motion Carried
I HEREBY CERTIFY that the foregoing is a true copy of an ordinance adopted by the
governing body of the City of Rose City at a regular meeting held the twentieth day of February, AD
1978.
__Kay Donna Kosek__________
Kay Donna Kosek
Deputy Clerk
ORDINANCE #90-719
AN ORDINANCE TO PROHIBIT IMPEDING THE NORMAL FLOW OF VEHICULAR OR
PEDESTRIAN TRAFFIC BY LOITERING UPON ANY PUBLIC STREET, HIGHWAY, SIDEWALK
OR OTHER PUBLIC PLACE.
SECTION1. DEFINITIONS.
The term “PUBLIC PLACE” As used in this Ordinance
shall mean any street, alley, park sidewalk, public building, any place of business, or assembly open to
a frequented by the public, or any portion thereof, and any other place which is open to the public view,
or to which the public has lawful access.
SECTION 2.
(a)
No person, without authority, shall loiter or do any other act so as to block, obstruct,
impede, or otherwise interfere with the normal flow of vehicular of pedestrian traffic upon any public
street or highway, sidewalk or any other public place or any business lawfully conducted by anyone in
or upon such public street, highway, public sidewalk or other public place, by means of a barricade,
object or device, or with his person, all or any of which prevents the free and uninterrupted ingress,
egress and regress therein, thereon or thereto. This section shall not apply to persons maintaining,
rearranging or constructing public utility facilities in or adjacent to a street or sidewalk, nor shall it
apply to persons peacefully picketing upon places other than a public street or highway.
(b)
No person shall conduct himself or join with one or more persons in a public place, as
defined above in section 1 of this Ordinance, if he knows or should have known that, singly or together
with the others with whom he has joined, he is obstructing the free and uninterrupted passage of the
public and the peaceful transaction of its business in said public place.
(c)
No person shall be issued a citation under this Section unless the person fails to leave
any of the above described locations after having been requested once to leave by the lawful owner or
occupant or a duly authorized police officer. The enforcing officer shall record all verbal warnings in a
log kept in the glove box of the patrol car.
(d)
A violation of this Section shall constitute a civil infraction, which shall be punishable
by a fine of not less than Fifty and no/100 ($50.00) Dollars nor more than One Hundred and no/100
($100.00) Dollars and costs.
(e)
Following the issuance of a civil fine citation under Section 2(d) above, a person failing
to leave the premises within a reasonable time after the request of a Police Officer shall be guilty of a
misdemeanor and shall be subject to a fine of up to One Hundred an (no/100 Dollars or imprisonment
in the county jail for a term not to exceed ninety (90) days or by both such fine and imprisonment.
SECTION 3. This Ordinance and every provision thereof shall be considered separable and the
invalidity of any section, clause, provision, or part or portion of any section, clause or provision of this
Ordinance shall not affect the validity of any other portion of this Ordinance.
SECTION 4. This Ordinance repeals and replaces Ordinance # 88-7-22, of AN ORDINANCE
TO PROHIBIT LOITERING IN ANY PRIVATE PARKING LOTS FOR PUBLIC USE AND TO
PROHIBIT DISTURBANCES IN THE CITY OF ROSE CITY, MICHIGAN.
CITY OF
ROSE CITY
PROPERTIES
CITY OF ROSE CITY
AN ORDINANCE TO ESTABLISH THE RULES, REGULATIONS, CONTROL, USE,
RESTRICTIONS AND LINCENSING OF MOBILE HOMES AND RECREATIONAL VEHICLES IN
THE CITY OF ROSE CITY, OGEMAW COUNTY, MICHIGAN, AND TO PROVIDE FOR
PERMITS TO PARK SAID HOMES OR VEHICLES AND TO PROVIDE FOR PENALTIES
THEREOF.
Section I.
This Ordinance shall be known as the City of Rose City Mobile Home and Recreational Vehicle
Ordinance.
Section II. DEFINITIONS.
“Mobile Home” means a structure, transportable in one or more sections, which is built on a
chassis and designed to be used as a dwelling with or without permanent foundation, when
connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical
systems contained in the structure. Mobile home does not include a recreational vehicle.
“Recreational Vehicle” means a vehicle primarily designed and used as temporary living
quarters for recreational, camping or travel purposes, including a vehicle having its own motor power
or a vehicle mounted on or drawn by another vehicle.
“Mobile Home Park” means a parcel or tract of land under the control of a person upon which
three or more mobile homes are located on a continual non-recreational basis and which is offered
to the public for that purpose regardless of whether a charge is made therefor, together with any
building, structure, enclosure, street, equipment, or facility used or intended for use incident
to the occupancy of a mobile home and which is not intended for use as a temporary trailer park.
“Person” means an individual, partnership, association, trust or corporation, or any other legal
entity or combination thereof.
Section III.
No person shall use or permit the use of any recreational vehicle as residence on any site, lot,
field or tract of land not specifically licensed as a mobile home park for more than fifteen (15) days
except by written permit as hereinafter provided.
Section IV.
Emergency or temporary parking of a recreational vehicles on any street, alley or highway will
be permitted for a period not exceeding two (2) hours subject to any other and further regulations
or limitations imposed by traffic or parking regulations or ordinances for that street, alley or highway.
Not more than one (1) unoccupied recreational vehicle shall be stored or parked on any one piece of
property outside a licensed mobile home park, or recreational vehicle may be stored:
A. In a garage provided for the same which is located not less than ten (10) feet from any other
structure; and
B. In the rear yard of a dwelling provided it is located not less than ten (10) feet from any other
structure or side property line.
The storage of said recreation vehicle shall meet all the requirements of the zoning regulations
or ordinances in effect at the time of said storage. It shall be unlawful to store any unoccupied trailer on
any otherwise unoccupied site, lot, field, parcel or tract of land.
Section V. TEMPORARY OCCUPANCY.
Temporary occupancy of a recreational vehicle located outside of a licensed mobile home park
will be permitted for a period not to exceed thirty (30) days provided that :
A. The owner or occupant in control thereof shall first secure a Temporary Occupancy Permit
from the Chief of Police of Rose City
B. The owner or occupant shall declare the exact length of time that the trailer is to be occupied
and pay a fee of Five and 00/100 ($5.00) Dollars for a thirty (30) day period.
C. The location and sanitary facilities have been approved by the health officer.
D. The recreational vehicle shall be located in the rear yard of a dwelling and not less than ten
(10) feet from any other structure or side property line; or if located on property that is otherwise
vacant, it shall be placed not less than fifty (50) feet from the front property line and not less than ten
(10) feet from each side of the property line.
E. The Temporary Occupancy Permit shall be displayed on the side of the recreational vehicle
facing the public street or road in a manner so it can be clearly seen at all times.
F. Only one (1) Temporary Occupancy Permit will be issued for use on any piece of property or
for the same recreational vehicle during any calendar year, except upon filing a written request for a
hearing before the City Council within five (5) days before the expiration of the existing permit. The
council may upon good cause shown, grand one (1) renewal.
Section VI.
No mobile home shall be occupied as a dwelling within the City of Rose City except for those
mobile homes located in an approved mobile home park development, provided that a plan of the
proposed development is approved by the State of Michigan and all municipalities and departments in
accordance with Act 419, Public Acts of 1976 as amended and provided further that said development
proposal meets the standards and conditions and all other provisions as therein required.
Section VII.
Mobile homes not located in a licensed mobile home park are subject to the following
procedures and limitations:
A. An application for a permit for the erection of a mobile home shall be made to the City
Council of Rose City. The applicant shall submit along with the application the written consent of fifty
(50%) percent of the owners of all dwellings within five hundred (500) feet of the proposed site.
B. The City Council shall give due notice to the applicant and to all property owners within five
hundred (500) feet of the property affected at least five (5) days before the hearing will be held on such
application.
C. The City Council may impose any reasonable conditions in addition to the district
requirements in which the use is proposed, including set-backs, land coverage, landscaping, and other
requirements deemed necessary to protect adjoining properties and the public welfare.
Section VIII. ADMINISTRATION AND ENFORCEMENT.
A. The Chief of Police shall be the enforcement officer of all provisions of this Ordinance as
prescribed herein or such provisions as may hereafter be enacted, and for the purpose of securing such
enforcement.
B. The Chief of Police shall have the right and is hereby empowered to enter upon any premises
on which any recreational vehicles are located and inspect the same at any reasonable time.
C. The Chief of Police of Rose City is empowered to issue orders not hereinbefore granted to
the City Council to grant, deny, renew and revoke such permits and filing complaints, and prosecuting
violators of provisions of this Ordinance.
Section IX.
If any phrase, sentence or paragraph of this Ordinance shall be held for any reason to be
ineffective or unconstitutional, then such holding shall not in any way effect validity of the
Section X.
All Ordinance, Resolutions or Orders or parts thereof in conflict with the provisions of this
Ordinance are to the extent of such conflict, hereby repealed.
Secion XI. PENALTIES.
A. Any person convicted for violations of any of the provisions of this Ordinance shall be guilty
of a misdemeanor and shall be punished by a fine not to exceed Five Hundred and 00/100 ($500.00)
Dollars or by imprisonment not to exceed ninety (90) days or both in the discretion of the court.
B. Legal proceedings to enjoin the violation of any of the provisions of this Ordinance may be
brought in any Court of competent jurisdiction in the name of the City of Rose City and only as
authorized by the City Council.
Section XII.
This Ordinance shall take effect on the 26th day of March, 1979, and shall be published once in the
Ogemaw Herald, a newspaper circulated within said City and publication in the newspaper shall be
made within one (1) week after the passage thereof.
Section XIII.
held on the 5th day of March, 1979.
_____________________________
MAYOR
ATTEST:
_____________________________
CITY CLERK
CITY OF ROSE CITY
AN ORDINANCE TO AMEND SECTION 2 OF ORDINANCE NO. 77-3-10 OF THE
ORDINANCES OF THE CITY OF ROSE CITY, AND TO PROVIDE FOR REVISED OR
AMENDED RATES T OBE CHARGED FOR WATER SERVICES FURNISHED BY THE CITY OF
ROSE CITY WATER SUPPLY SYSTEM/
Section 1.
Section 2 of Ordinance No 77-3-10 be and the same is hereby amended as follows:
The quarterly rates to be charged by said system will be for each quarter (three month period)
as follows:
WATER RATES
8 inch connection
$300.00
6 inch connection
200.00
4 inch connection
125.00
2 inch connection
75.00
1 ½ inch connection
50.00
1 inch connection
45.00
¾ inch connection
40.00
___________________________________________________________________________________
There shall be a flat rate charge of $360.00 per year for an Eight (8”) inch water line used for
fire protection only.
CONNECTION CHARGE
There shall be a connection charge for each premises served as follows:
¾ inch to 1 ½ inch connection
$250.oo plus time and Material
necessary for installation to
2 inch and larger
$100.00 per inch of connection
size, plus $250.00, plus Time and
Material necessary for installation
to applicant's property line.
The 10¢ per square foot of building will no longer be charged for water tap connection.
STATE OF MICHIGAN
COUNTY OF OGEMAW
I, Lawrence J. Delmotte, City Clerk for the City of Rose City, County of Ogemaw, Michigan, do
hereby certify that the attached is a full, true, and correct copy of an Ordinance duly made, passed, and
adopted by the City Council of the City of Rose City, Michigan, at a regular meeting of the Council
held on the 21st day of April, 1980.
Witness my hand this 21st day of April, 1980.
Lawrence J. Delmotte______
City Clerk
CITY OF ROSE CITY
AN ORDINANCE ESTABLISHING RATES, CHARGES AND RULES FOR THE USE AND
SERVICE OF THE WATER SUPPLY SYSTEM OF THE CITY OF ROSE CITY, COUNTY OF
OGEMAW,
Section 1.
This Ordinance shall be known as the City of Rose City Water Rate Ordinance.
Section 2.
That the rates for service furnished by said System are to be collected quarterly, and quarterly
statements shall be rendered to such patrons of said System, and if statements as rendered are not paid
within fifteen (15) days after the billing date, then ten (10%) percent shall be added to the bill, and if
not paid within sixty (60) days after the billing date, then all services furnished by the System to such
premises shall be discontinued. Service so discontinued shall not be restored until all sums due and
owing, including penalties, shall be paid, plus a shut-off charge of Ten and 00/100 ($10.00) Dollars,
and a turn-on charge of Ten and 00/100 ($10.00) Dollars. The charges for all water service furnished to
any premises shall be lien thereon and those charges delinquent for six (6) months or more shall be
certified annually on April 1st of each year to the proper tax assessing officer or agency, who shall enter
the same upon the next tax roll against the premises to which the services shall have been rendered, and
the charges shall be collected and the lien shall be inforced in the same manner as provided for the
collection of taxes assessed upon such roll and enforcement of the lien therefor; provided, that in all
cases where a tenant is responsible for the payment of the charges, and the City Council is so notified
in writing, the notice to include a true copy of the lease of the affected premises, if there be one, then
the charge shall not become a lien against the premises from and after the date of the notice. In the
event of filing the notice, the City shall render no further services to the premises until a cash deposit
equal to two (2) times the average quarterly (three months) charge to such premises shall have been
made as security for the payment of services thereto. In addition to any other lawful methods, the
payment of charges for water service to the premises. The rates to be charged by said System are
hereby fixed and determined at not less that the following rates, to-wit:
The quarterly rates to be charged by said System will be for each quarter (three month period)
as follows:
WATER RATES
8 inch connection
6 inch connection
4 inch connection
2 inch connection
1 ½ inch connection
¾ inch connection
$300.00
200.00
125.00
75.00
50.00
40.00
CONNECTION CHARGES
There will be a connection charge of:
(a) Ten cents ($.10) shall be charged for each square foot of building or buildings to be served by the
water service of each premises.
(b) In addition to (a) above, there shall be an additional connection charge for each premises served as
follows:
¾ inch to 1-1/2 inch connection
$250.00 plus time and Material
applicants property line.
2 inch and larger
$100 per inch of connection size,
plus $250, plus Time and Material
applicants property line.
All connection charges as set forth shall be paid to the City prior to the installation of
water service.
Section 3.
If any phase, sentence or paragraph of this Ordinance shall be held for any reason to be
ineffective or unconstitutional, then such holding shall not in any way effect the validity of the
invalidity of unconstitutionality of any such phrase, sentence or paragraph.
Section 4.
All Ordinances, Resolutions, or Orders or parts thereof in conflict with the provisions of this
Ordinance are, to the extent of such conflict, hereby repealed.
Section 5.
This Ordinance shall take effect on the 6th day of October, 1977, and shall be published once in
the Ogemaw County Herald, a newspaper circulated within said City and publication in the newspaper
shall be made within one (1) week after the passage thereof.
Section 6.
This Ordinance is hereby declared to have been adopted and passed by the City Council of the City of
Rose City, County of Ogemaw, State of Michigan, at a regular meeting thereof duly called and held on
the 3rd day of October, 1977.
Harold J. Quigley_________________
Harold J. Quigley,
Mayor
ATTEST:
Shirley Ann Wickwire_____________
City Clerk
Shirley Ann Wickwire
GERALD G. DANIN
City Attorney
Business Address:
608 Bearlinger Building
Saginaw, Michigan 48607
STATE OF MICHIGAN )
COUNTY OF OGEMAW ) SS.
I, Shirley Ann Wickwire, City Clerk for the City of Rose City, County of Ogemaw, Michigan,
do hereby certify that the attached is a full, true, and correct copy of any Ordinance duly made, passed,
and adopted by the City Council of the City of Rose City, Michigan, at a regular meeting of the Council
held on the 3rd. Day of October, 1977.
Witness my hand this 4th day of October, 1977.
Shirley Ann Wickwire________________________
SHIRLEY ANN WICKWIRE
CITY CLERK
ORDINANCE NO. 886
AN ORDINANCE AUTHORIZING THE ISSUANCE OF SEWAGE DISPOSAL SYSTEM
REVENUE BONDS BY THE CITY OF ROSE CITY, COUNTY OF OGEMAW, MICHIGAN, FOR
THE PURPOSE OF CONSTRUCTING SAID CITY; PRESCRIBING THE FORM OF BONDS;
PROVIDING FOR THE COLLECTION OF REVENUE FROM SAID SYSTEM SUFFICIENT FOR
THE PURPOSE OF PAYING THE COSTS OF OPERATION AND MAINTENANCE THEREOF,
PROVIDING FOR THE PAYMENT OF SAID BONDS, PROVIDING AN ADEQUATE RESERVE
FUND THEREFOR; PROVIDING FOR THE SEGREGATION AND DISTRIBUTION OF SAID
REVENUES; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS IN
ENFORCEMENT THEREOF; AND PROVIDING FOR OTHER MATTERS RELATIVE TO SAID
BONDS AND SAID SYSTEM.
Section 1.
Definitions. The following words and terms used in this Ordinance shall have
the meanings assigned in the preamble to this Ordinance and in this Section, unless the context clearly
indicates otherwise.
The word “acquired,” as used in this Ordinance, shall be construed to include acquisition by
purchase, construction or by any other method.
“Act 94” shall mean Act 94, Public Acts of Michigan, 1933, as amended.
“Additional Bonds” shall mean Bonds Issued Pursuant to Section 17, and subject to the terms of
this Ordinance.
“Bonds” shall mean the First Series Bond and Additional Bonds.
“Department of Treasury” shall mean the Department of Treasury of the State of Michigan.
“Depository Bank” shall mean Farmers and Merchants State Bank of Hale, in Rose City,
Michigan, a member of the Federal Deposit Insurance Corporation.
“Engineer” shall mean Edmands Engineering, Inc., consulting engineers of Bay City, Michigan.
“First Series Bond” shall mean the $525,000 principal amount City of Rose City Sewage
Disposal System Revenue Bond, Series 1987, authorized to be issued under Section 4 of this
Ordinance.
“Fiscal Year” shall mean the fiscal year of the Issuer and the operating year of the System,
commencing July 1 and ending June 30, as such year may be changed from time to time.
“FmHA” shall mean the Farmers Home Administration, an agency of the United States
Department of Agriculture. Provisions herein referencing the FmHA shall be inapplicable in the event
the First Series Bond is not sold to the FmHA and in the event Government shall no longer be a holder
of any of the Bonds.
“Government” shall mean the government of the United States of America.
“Issuer” or “City” or “City of Rose City” shall mean the City of Rose City, County of Ogemaw,
Michigan.
“Net Revenues” shall have the meaning with respect to the system as is set forth in Section 3 of
Act 94.
“Ordinance” shall mean this ordinance and any ordinance or resolution of the Issuer amendatory
or supplemental to this ordinance, including ordinances or resolutions authorizing issuance of
Additional Bonds.
“Project” shall mean additions and improvements to a sewage disposal system consisting
generally of forcemain sewers, outfall sewers, sanitary sewers, storm sewers, pumping station and
standby generator, sewer rehabilitation, 4 cell lagoon system with control building, together with the
necessary appurtenances and attachments thereto.
The words “public improvements,” as used in this Ordinance, shall be understood to mean the
public improvements, as defined in Section 3 of Act 94, which are authorized to be acquired to be
acquired and constructed under the provisions of this Ordinance.
“Revenues” shall have the meaning with respect to the System as is set forth in Section 3 of Act
94, and shall include the earnings on the investment of funds of the System (including the Project).
“System” means the Issuer's Sanitary Sewage Disposal System, including such facilities thereof
as are now existing, are acquired and constructed as the Project, and all enlargements, extensions,
repairs and improvements thereto hereafter made.
“Transfer Agent shall mean the transfer agent and bond registrar for each series of Bonds as
appointed from time to time by the Issuer as provided in Section 6 of this Ordinance and who or which
shall carry out the duties and responsibilities as set forth in Sections 6 and 7 or this Ordinance.
Section 2.
Necessity; Description of Project. It is hereby determined to be necessary for the
public health and welfare of the Issuer to proceed to acquire and construct the Project in accordance
with detailed maps, plans and specifications therefor prepared by the Engineer.
Section 3.
Cost; Useful Life. The cost of the Project has been estimated by the Engineer to
be One Million Six Hundred Thousand Dollars ($1,600,000), including the payment of incidental
expenses as specified in Section 4 of this Ordinance, which estimate of cost is hereby approved and
confirmed, and the period of usefulness of the project is estimated to be not less that forty (40) years.
Section 4.
Payments of Cost.
To pay part of the cost of acquiring and constructing the
Project, including the payment of legal, engineering and financial expenses, and other expenses
incident thereto and incident to the issuance and sale of the First Series Bond, it is hereby determined
that the Issuer borrow the sum of Five Hundred Twenty Five Thousand Dollars ($525,000) and that
revenue bonds to issued therefor pursuant to the provisions of Act 94. The balance of the cost of the
Project will be paid from grants payable to the Issuer and other funds legally available therefor.
Section 5.
First Series Bond Data. The First Series Bond shall be designated SEWAGE
DISPOSAL SYSTEM REVENUE BOND, Series 1987 shall be dated as of July 1, 1987, shall consist
of one (1) single fully-registered nonconvertible bond of the denomination of $525,000 and shall be
payable in principal installments serially on January 1 of each year, as follows:
$2,000
3,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
22,000
24,000
26,000
1988, 1989 and 1990;
1991, 1992 and 1993;
1994, 1995 and 1996;
1997;
1998 to 2001, inclusive;
2002, 2003 and 2004;
2005, 2006 and 2007;
2008, 2009 and 2010;
2011, 2012 and 2013;
2014, 2015 and 2016;
2017, 2018 and 2019;
2020, 2021 and 2022;
2023, 2024 and 2025;
2026 and 2027.
The First Series Bond is expected to be delivered to the FmHA, as initial purchaser thereof, in
installments (the “delivery installments”) and each delivery installment shall be noted on the
registration grid set forth on the First Series Bond. The delivery installments shall be deemed to
correspond to the serial principal installments of the First Series Bond in direct chronological order of
said serial principal installments.
The serial principal installments of the First Series Bond will each bear interest from the date of
delivery of the corresponding delivery installment to the registered holder thereof as shown on the
registration grid set forth on the First Series Bond at the rate of six and five-eighths percent (6-5/8%)
per annum, payable on the first day of January, 1988 or January 1 following the date of delivery of
Said delivery installment, and semiannually thereafter on July 1 and January 1 each year until maturity
of earlier prepayment of said installment. The First Series Bond shall be issued in fully-registered form
and shall not be convertible or exchangeable into more than one fully-registered bond.
Section 6.
Payment and Sale of First Series Bond. The First Series Bond or installments
thereof will be subject to prepayment prior to maturity, in the manner and at the times as provided in
the form of the First Series Bond set forth in Section 9 of this Ordinance.
Principal of and interest on the First Series Bond shall be payable in lawful money of the United
States of America by check or draft mailed by the Transfer agent to the registered owner at the address
of the registered owner as shown on the registration books of the Issuer kept by the Transfer Agent. The
Issuer's Treasurer is hereby appointed to act as Transfer Agent. If and at such time as the First Series
Bond is transferred to or held by any registered owner other than the FmHA, the issuer by resolution
may appoint a bank or trust company qualified under Michigan law to act as transfer agent and bond
registrar, and the Issuer may thereafter appoint a successor Transfer Agent upon sixty (60) days notice
to the registered owner of the First Series Bond. If the FmHA shall no longer be the registered owner of
the First Series Bond, then the prinicipal of and interest on the First Series Bond shall be payable to the
registered owner of record as of the fifteenth day of the month preceding the payment date by check or
draft mailed to the registered owner at the registered address. Such date of determination of the
registered owner for purposes of payment of principal or interest may be changed by the Issuer to
conform to future market practice. The Issuer's Treasurer is hereby authorized to execute an agreement
with any successor Transfer Agent.
The Transfer Agent shall record on the registration books the payment by the Issuer of each
installment of principal or interest or both when made and the cancelled check or drafts representing
such payments shall be returned to and retained by the Issuer's Treasurer, which cancelled checks or
drafts shall be conclusive evidence of such payments and the obligation of the Issuer with respect to
such payments shall be discharged to the extent of such payments.
Upon payment by the Issuer of all outstanding principal of and interest on the First Series Bond,
the registered owner thereof shall deliver it to the Issuer for cancellation.
The Issuer's Clerk is authorized and directed to make application to the Department of Treasury
for authority to issue and sell the First Series Bond, and after receipt of said approval, to negotiate
privately the sale of the First Series Bond to the FmHA at an interest rate not to exceed six and fiveeighths percent (6-5/8%) annum.
The sale of the First Series Bond to the FmHA at an interest rate of six and five-eighths percent
(6-5/8%) per annum or at such other lower rate as may be reflected on the face of the First Series Bond,
and in either case at the par value thereof is hereby approved. The Issuer's Treasurer is hereby
authorized to deliver the First Series Bond in accordance with the delivery instructions of the FmHA,
after approval of the issuance and sale thereof by the Department of Treasury, if such approval is at that
time required, or receipt of an order of exception of the Department of the Treasury, or expiration of the
notice period without receipt of any order of denial of the Department of Treasury.
Section 7.
Bond Registration and Transfer. The Transfer Agent shall keep or cause to be
kept, at its principal office, sufficient books for the registration and transfer of the Bonds, which shall at
all times be open to inspection by the Issuer. The Transfer Agent shall transfer or cause to be
transferred on said books Bonds presented for transfer, as hereinafter provided and subject to such
reasonable regulations as it may prescribe.
Any Bond may be transferred upon the books required to be kept by the Transfer Agent
pursuant to this Section, by the person in whose name it is registered, in person or by
his duly authorized attorney, upon surrender of such Bond for transfer, accompanied by delivery of a
duly executed written instrument of transfer in a form approved by the Transfer Agent. Whenever any
Bond or Bonds shall be surrendered for transfer, the Transfer Agent shall record such transfer on
the registration books and shall register such transfer on the registration grid attached to the Bond.
At the time of such transfer the Transfer Agent shall not on the bod the outstanding principal amount at
the time of such transfer. The Transfer Agent shall require the payment by the bondholder requesting
the transfer of any tax or other governmental charge required to be paid with respect to the
transfer. The issuer shall not be required (I) to issue, register the transfer of, or exchange any Bond
during a period beginning at the opening of business fifteen days before the days of the mailing of a
notice of prepayment of Bonds or installments thereof selected for redemption under Section 9 of this
Ordinance and ending at the close of business on the day of that mailing, or (ii) to register the transfer
of or exchange any Bond or portion thereof so selected for prepayment. In the event any Bond is called
for prepayment in part, the Transfer Agent, upon surrender of the Bond, shall note on the Bond the
principal amount prepaid and shall return the Bond to the registered owner thereof together with the
prepayment amount of the prepayment date.
Section 8.
Execution and Delivery of the First Series Bond.
The First Series Bond shall be signed by the Mayor and countersigned by the City Clerk and shall have
the corporate seal of the Issuer impressed thereon. After execution, the First Series Bond shall be held
by the Issuer's Treasurer for delivery to the FmHA. No First Series Bond or any installment thereof
shall be valid until registered by the Issuer's Treasurer, or upon transfer by the
FmHA and thereafter, by an authorized representative of the Transfer Agent.
Section 9.
Bond form. The form and tenor of the Bonds shall be substantially as follows,
subject to appropriate variation upon issuance of Additional Bonds:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF OGEMAW
CITY OF ROSE CITY
SEWAGE DISPOSAL SYSTEM REVENUE BOND, SERIES 1987
No.1
$525,000
KNOW ALL MEN BY THESE PRESENTS that the city of Rose City, County of Ogemaw,
State of Michigan (the “Issuer”), for value received, hereby promises to pay to the registered owner
hereof, but only out of the hereinafter described Net Revenues of the Issuer's Sewage Disposal
System, including all appurtenances, additions, extensions and improvements thereto (the “System”),
the sum of
FIVE HUNDRED TWENTY FIVE THOUSAND DOLLARS
on the dates and in the principal installment amounts set forth in Exhibit A attached hereto and made a
part hereof with interest on said installments from the date each said installment is delivered by the
registered owner hereof and as set forth on the registration grind hereon until paid at the rate of size and
one-half percent (6-1/2%) per annum, payable on January 1, 1988, and semiannually thereafter,
provided that the principal repayments required herein to the registered holder shall not exceed the total
of the principal installments set forth on the registration grid hereon from time to time hereafter to
acknowledge receipt of payment of the purchase price of this bond up to a total of $525,000. Both
principal of and interest on this bond are payable in lawful money of the United State of America to
the registered owner at the address shown on the Issuer's registration books by check or draft mailed to
the registered holder at the address shown on the registration books of the Issuer, and for the prompt
payment thereof, the gross revenues of the System, after provision has been made for reasonable and
necessary expenses of operation, administration and maintenance thereof (the “Net Revenues”), are
hereby irrevocably pledged and a statutory first lien thereon is hereby created.
This bond is a single, fully-registered, non-convertible bond in the principal sum of $525,000
issued pursuant to Ordinance No. 886 (the “Ordinance”), duly adopted by the Issuer and under and in
full compliance with the Constitution and statutes of the State of Michigan, including specifically Act
94, Public Acts of Michigan, 1933 as amended, for the purpose of defraying part of the cost of
acquiring and constructing additions and improvements to the system. For a complete statement of the
revenues from which, and the conditions under which, this bond is payable, a statement of the
conditions under which the additional bonds of equal standing may hereafter be issued, and the general
covenants and provisions pursuant to which this bond is issued, reference is made to the Ordinance.
Prinicipal installments of this bond are subject to prepayment prior to maturity, in inverse
chronological order, at the Issuer's options, on any interest payment date on or after January 1, 1997, at
par and accrued interest to the date fixed for prepayment.
Thirty days’ notice of the call of any principal installments for prepayment shall be given by
mail to the registered owner at the registered address. The principal installments so called for
prepayment shall not bear interest after the date fixed for prepayment, provided funds are on hand to
prepay said installments.
This bond shall be registered as to principal and interest on the books of the Issuer kept by the
Issuer's Treasurer as registrar and transfer agent (the “Transfer Agent”) and noted hereon, after which it
shall be transferable only upon presentation to the Transfer Agent with a written transfer by the
registered holder or his attorney in fact. Such transfer shall be noted hereon and upon the books of the
Issuer kept for that purpose by the Transfer Agent.
This bond is a self-liquidating bond and is not a general obligation of the Issuer and does not
constitute an indebtedness of the Issuer within any constitutional, statutory or charter limitation, but is
payable, both as to principal and interest, solely from the Net Revenues of the System.
The Issuer hereby covenants and agrees to fix and maintain at all times while any installments
of this bond shall be outstanding, such rates for service furnished by the System as shall be sufficient to
provide for payment of the interest upon and the principal of all such installments of this bond payable
from the Net Revenues of the System as and when the same become due and payable, and to create a
bond and interest redemption fund (including a bond reserve account) therefor, to provide for the
payment of expenses of administration and operation and such expenses for maintenance of the System
as are necessary to preserve the same in good repair and working order, and to provide for such other
expenditures and funds for the System as are required by the Ordinance.
It is hereby certified and recited that all acts, conditions and things required by law precedent to
and in the issuance of this bond have been done and performed in regular and due time and form as
required by law.
IN WITNESS WHEREOF, the City of Rose City, County of Ogemaw, State of Michigan, by its
City Council, has caused this bond to be signed in its name by its Mayor and to be countersigned by its
City Clerk, and its corporate seal to be hereunto affixed, all as of July 1, 1987.
CITY OF ROSE CITY
COUNTY OF OGEMAW
STATE OF MICHIGAN
By _________________________________
Mayor
(SEAL)
Countersigned:
_________________________________
City Clerk
REGISTRATION
NOTHING TO BE WRITTEN HEREON EXCEPT
BY THE TRANSFER AGENT
Date of
Name of
Principal
Signature
Registration
Registered Owner
Installment
of
Of Delivery
Delivered
Registrar
___________________________________________________________________
United States of
America, Farmers
Home Administration
___________________________________________________________________
United States of
America, Farmers
Home Administration
___________________________________________________________________
United States of
America, Farmers
Home Administration
EXHIBIT A
Principal Installment Due on January 1 of each of the
Following years:
$2,000
3,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
22,000
24,000
26,000
1988, 1989 and 1990;
1991, 1992 and 1993;
1994, 1995 and 1996;
1997;
1998 to 2001, inclusive;
2002, 2003 and 2004;
2005, 2006 and 2007;
2008, 2009 and 2010;
2011, 2012 and 2013;
2014, 2015 and 2016;
2017, 2018 and 2019;
2020, 2021 and 2022;
2023, 2024 and 2025;
2026 and 2027.
Section 10. Security for Bonds. Neither the Bonds nor the interest thereon shall be a
general obligation of the Issuer but each shall be payable solely from the Net Revenues. To pay such
principal and interest as and when the same shall become due, there is hereby created a statutory first
lien upon the whole of the Net Revenues of the System to continue until the payment in full of the
principal and interest on the Bonds and said Net Revenues shall be set aside for the purpose and
identified as the Bond and Interest Redemption Fund, as hereinafter specified.
Section 11. Budget.
Immediately upon the effective date of this Ordinance, the Issuer
shall prepare an annual budget for the System for the ensuing Fiscal Year itemized on the basis of
monthly requirements. A copy of such budget shall be mailed to the FmHA without request from
the FmHA for review prior to adoption (as long as the Government is the registered owner of any of the
Bonds), and upon written request to any other registered owners of the Bonds.
Section 12. Custodian of Funds; Funds. The Issuer's Treasurer shall be custodian of all
funds belonging to or associated with the System and such funds shall be deposited in the Depository
Bank. The Issuer's Treasurer shall execute a fidelity bond in an amount not less than $100,000 with a
surety company approved by the FmHA, and the FmHA and the Issuer shall be named as co-obligees in
such bond and the amount thereof shall not be reduced without the prior written consent of the FmHA.
The Issuer's Treasurer is hereby directed to create and maintain the following funds and accounts into
which the proceeds of the Bonds and the Revenues from the System shall be deposited in the manner
and at the times provided in this Ordinance, which funds and accounts shall be established and
maintained, except as otherwise provided, so long as any of the Bonds hereby authorized remain
unpaid.
(A) CONSTRUCTION ACCOUNT. The proceeds of the First Series Bond hereby authorized
shall be deposited in the CITY OF ROSE CITY SEWAGE DISPOSAL SYSTEM CONSTRUCTION
FUND ACCOUNT (the “Contruction Account”), in the Depository Bank. In the event that the
Government is a holder of the First Series Bond, then, if required by the FmHA, the Construction
Account shall be established as a supervised bank account and such proceeds shall be withdrawn on the
orders of the Issuer only on checks signed by its Treasurer and the District Director of the FmHA.
Moneys in the Construction Account shall be used solely for the purposes for which the First
Series Bond is issued.
Any unexpended balance of the proceeds of sale of the First Series Bond remaining after
completion of the Project herein authorized may in the discretion of the Issuer be used for further
improvements, enlargements and extensions to the System, provided that at the time of such
expenditure such use be approved by the Department of Treasury (if such approval is then required by
law). Any remaining balance after such expenditure shall be paid into the Bond and Interest
Redemption Fund and shall be credited to the Bond Reserve Account (as hereinafter provided) or used
for the prepayment of installments of the First Series Bond or for the purchase of installments to the
First Series Bond at not more than the fair market value thereof.
After completion of the Project and disposition of remaining proceeds, if any, of the First Series
Bond Pursuant to the provisions of this Section, the Construction Account shall be closed.
(B) SEWAGE DISPOSAL SYSTEM RECEIVING FUND. Upon the effective date of this
Ordinance, all funds, deposits and other moneys belonging to the System as set forth by Ordinance No.
970, as amended of the City, shall be placed in the Receiving Fund (as defined herein) and used
pursuant to this Ordinance. Out of such funds there shall be taken a sum which shall be fully sufficient
(without any reinvestment) to pay on November 1, 1987 all of the outstanding principal and interest
requirements on all of the City's outstanding Sewage Disposal System Revenue Bonds (General
Obligation), dated November 1, 1970. Such sum shall be paid in immediately available funds from the
Bond Reserve Account established pursuant to Section 13(B) of Ordinance No. 970, as amended. After
such payment, the aforesaid Bonds shall no longer be considered outstanding and shall have no further
lien on the Revenues of the System. Upon and after the effective date of this Ordinance, the Revenues
of the System shall be set aside into a separate fund to be designated the CITY OF ROSE CITY
SEWAGE DISPOSAL SYSTEM RECEIVING FUND (the “Receiving Fund”), and moneys so
deposited therein shall be transferred, expended and used only in the manner and order as follows:
(1) Operation and Maintenance Fund. There is hereby established a separate fund to be
designated
a the OPERATION AND MAINTENANCE FUND (the “Operation and Maintenance Fund”).
Revenues shall be transferred each quarter of the Fiscal Year, commencing July 1, 1987, from the
Receiving Fund to the Operation and Maintenance Fund to pay the reasonable and necessary current
expenses of administration and operating and maintaining the System for the ensuing quarter.
(2) Sewage Disposal System Revenue Bond – Bond and Interest Redemption Fund. There is hereby
established a separate fund to be designated as the CITY OF ROSE CITY SEWAGE DISPOSAL
SYSTEM REVENUE BOND – BOND AND INTEREST REDEMPTION FUND (the “Bond and
Interest Redemption Fund”). After the transfer required in (1) above, Revenues shall be transferred
each quarter of the Fiscal Year, commencing July 1, 1987, from the Receiving Fund, before any other
expenditures or transfer therefrom, and deposited in the Bond and Interest Redemption Fund for
payment of principal of and interest on the First Series Bond and to fund the Bond Reserve Account.
Upon any delivery of an installment of the First Series Bond on or after July 1, 1987 there shall be set
aside at the time of such delivery and on the first day of each quarter of the Fiscal Year thereafter to the
next interest payment date an amount equal to that fraction of the amount of interest due on the next
interest payment date on said installment so delivered, the numerator of which is 1 and the denominator
of which is the number of full and partial Fiscal Year quarters from the date of said delivery to the next
interest payment date. There shall also be set aside each Fiscal Year quarter on or after July 1, 1987 an
amount not less than ½ of the amount of interest due on the next interest payment date on all
outstanding installments of the First Series Bond not delivered during then current interest payment
period. Upon any delivery of an installment of the First Series Bond on or after July 1, 1987 there shall
also be set aside at the time of such delivery and on the first day of each Fiscal Year quarter thereafter
to the next principal payment date an amount equal to that fraction of principal of the First Series Bond
due on the next principal payment date on said installment so delivered, the numerator of which is 1
and the denominator of which is the number of full and partial Fiscal Year quarters from the date of
said delivery to the next principal payment date. There shall also be set aside each Fiscal Year quarter
on or after July 1, 1987 an amount not less than ¼ of the amount of principal due on the next principal
payment date on all outstanding installments of the First Series Bond not delivered during the then
current principal payment periods.
If for any reason there is a failure to make such quarterly deposit in the amounts required, then
the entire amount of the deficiency shall be set aside and deposited in the Bond Redemption Fund out
of the Revenues first received thereafter which are not required by this Ordinance to be deposited in the
Operation and Maintenance Fund or in the Bond and Interest Redemption Fund, which amount shall be
in addition to the regular quarterly deposit required during such succeeding quarter or quarters.
There is hereby established in the Bond and Interest Redemption Fund a separate account to be
designated the BOND RESERVE ACCOUNT (the “Bond Reserve Account”). Commencing July 1,
1987, there shall be withdrawn from the Receiving Fund at the beginning of each Fiscal Year quarter
and set aside in and transferred to the Bond Reserve Account, after provision has been made for the
Operation and Maintenance Fund and the current requirements of the Bond and Interest Redemption
Fund, the sum of at least $950.00 per quarter until there is accumulated in such fund the sum of
$38,000. Except as hereinafter provided, no further deposits need be made into the Bond and Interest
Redemption Fund for the purposes of the Bond Reserve Account once the sum of $38,000 has been
deposited therein. The moneys in the Bond Reserve Account shall be used solely for the payment of the
principal installments of and interest on the First Series Bond as to which there would otherwise be
default.
If at any time it shall be necessary to use moneys in the Bond Reserve Account for such
payment, then the moneys so used shall be replace from the Net Revenues first received thereafter
which are not required by this Ordinance to be used for operation and maintenance or for current
principal and interest requirements for the First Series Bond.
No further payments need be made into the Bond and Interest Redemption Fund after enough of
the principal installments of the First Series Bond have been retired so that the amount then held in the
Bond and Interest Redemption Fund (including the Bond Reserve Account), is equal to the entire
amount of principal and interest which will be payable at the time of maturity of all the principal
installments of the First Series Bond then remaining outstanding.
Any amount on deposit in the Bond and Interest Redemption Fund in excess of the requirements
for paying principal installments of and interest on the First Series Bond due during the ensuing
eighteen months, plus the requirements of the Bond Reserve Account, may be used by Issuer for
redemption of principal installments of the First Series Bond in the manner set forth in Section 9
hereof.
The moneys in the Bond and Interest Redemption Fund and the Bond Reserve Account shall be
invested in accordance with Section 13 of this Ordinance, and profit realized or income earned on such
invest shall be used or transferred as provided in Section 13 of this Ordinance.
(4) Improvement Fund. There is hereby established a separate fund to be designated the
IMPROVEMENT FUND (the “Improvement Fund”). After the transfers required in (1), (2) and (3)
above, the balance of the Revenues of the System shall be transferred each quarter of the Fiscal Year,
commencing July 1, 1989 from the Receiving Fund, and the sum of $250 deposited in the improvement
Fund, until the total amount in the Improvement Fund shall equal $10,000. The total of such deposits to
the improvement Fund and the balance therein need not exceed the sum of $10,000. Moneys in the
Improvement Fund shall be used and disbursed only for the purpose of paying the cost of making
extensions or improvements to the System, and when necessary, for the purpose of making payments of
principal of and interest on the Bonds. If the amount in the Bond and Interest Redemption Fund, the
Bond Reserve Account and the Reconstruction Fund is not sufficient to pay the principal of and interest
on the Bonds when due, then moneys in the Improvement Fund shall be transferred to the Bond and
Interest Redemption Fund and used for that purpose. The moneys in the Improvement Fund may be
invested in accordance with Section 13 of this Ordinance. Any profit realized or interest income earned
on such investment will be part of the Improvement Fund until the balance therein equals the sum of
$10,000; thereafter such profit or interest income shall deposited in or credited to the Receiving Fund.
(5) Reverse Flow of Funds; Surplus Moneys. In the event the moneys in the Receiving Fund are
insufficient to provide for the current requirements of the Operation and Maintenance Fund, the Bond
and Interest Redemption Fund (including the Bond Reserve Account), the Reconstruction Fund or the
Improvement Fund, any moneys and/or securities in the funds of the System established by this
Ordinance shall be transferred, first, to the Operation and Maintenance Fund, and second, to the Bond
and Interest Redemption Fund, and third, to the Replacement Fund, and fourth, to the Improvement
Fund.
All moneys remaining in the Receiving Fund at the end of any Fiscal Year after satisfying the
above requirements shall be transferred to the Bond and Interest Redemption Fund and used to call
Bonds or portions thereof for redemption, or at the option of the Issuer, transferred to the Improvement
Fund and used for the purpose for which it was established; provided, however, that if there should be a
deficit in the Operation and Maintenance Fund, the Bond and Interest Redemption Fund, the Bond
Reserve Account, the Reconstruction Fund or the Improvement Fund, on account of defaults in setting
aside therein the amounts hereinbefore required, then transfers shall be made from such moneys
remaining in the Receiving Fund to such funds in the priority and order named in this Section, to the
extent of such deficits.
Section 13. Investments. Moneys in the funds and accounts established herein and moneys
derived from the proceeds of sale of the Bonds, may be invested by the legislative body of the Issuer on
behalf of the Issuer in Government obligations or obligations the principal of and interest on which is
fully guaranteed by the United States of America, or certificates of deposit of a bank insured by the
Federal Deposit Insurance Corporation. Investment of moneys in the Bond and Interest Redemption
Fund being accumulated for payment on the next maturing principal or interest payment on the Bonds
shall be limited to obligations bearing maturity dates prior to the date of the next maturing principal or
interest payment on the Bonds. Investment of moneys in the Bond Reserve Account shall be limited to
Government obligations bearing maturity dates or subject to redemption, at the option of the holder
thereof, not later than 5 years from the date of the investment. In the event investments are made, any
securities representing the same shall be kept on deposit with the Depository Bank. Profit realized or
interest income earned on investment of funds in the Receiving Fund, the Operation and Maintenance
Fund, the Bond and Interest Redemption Fund and, at any time after they are fully funded, the Bond
Reserve Account, the Reconstruction Fund and the Improvement Fund, shall be deposited in or credited
to the Receiving Fund.
Section 14. Rates and Charges. Rates and charges for the services of the System have been
fixed pursuant to Ordinance No. 1986-2-6 in an amount sufficient to pay the cost of operating,
maintaining and administering the System, to pay the principal of and interest on the Bonds and to meet
the requirements for repair, replacement, reconstruction and improvement and all other requirements
provided herein, and otherwise comply with the covenants herein provided. The Issuer hereby
covenants and agrees to fix and maintain at all times while any of the Bonds shall be outstanding such
rates for service furnished by the System as shall be sufficient to provide for the foregoing expenses,
requirements and covenants, and to create a bond and interest redemption fund (including a bond
reserve account) for all such Bonds. The rates and charges for all services and facilities rendered by the
System shall be reasonable and just, taking into consideration the cost and value of the System and the
cost of maintaining, repairing, and operating the same and the amounts necessary for the retirement of
all Bonds and accruing interest on all Bonds, and there shall be charged such rates and charges as shall
be adequate to meet the requirements of this Section and Section 12 of this Ordinance.
Section 15. No Free Service.
No free service shall be furnished by the System to any
individual, firm or corporation, public or private or to any public agency or instrumentality.
Section 16. Covenants. The Issuer covenants and agrees, so long as any of the Bonds
hereby authorized remain unpaid, as follows:
(a)
It will comply with applicable State laws and regulations and continually operate and
maintain the System in good condition.
(b)
(i)
It will maintain complete books and records relating to the operation and financial
affairs of the System. If the Governments is the holder of any of the Bonds, the FmHA shall have the
right to inspect the System and records, accounts, and data relating thereto at all reasonable times.
(ii)
It will file with the Department of Treasury and the FmHA each year, as soon as in
possible, not later than ninety (90) days after the close of the Fiscal Year, a report, on forms prepared by
the Department of Treasury, made in accordance with the accounting method of the Issuer, completely
setting forth the financial operation of such Fiscal Year.
(iii) It will cause an annual audit of such books of record and account for the preceding
Fiscal Year to be made each year by a recognized independent certified public accountant, and will
cause such accountant to mail a copy of such audit to the FmHA, without request of the FmHA, or to
the manager of the syndicate or account purchasing any series of the Bonds. Such audit shall be
completed and so made available not later than ninety (90) days after the close of each Fiscal Year, and
said audit may, at the option of the Issuer, be used in lieu of the statement on forms prepared by the
Department of Treasury and all purposes for which said forms are required to be used by this
Ordinance.
(c)
It will maintain and carry, for the benefit of the holders of the Bonds, insurance on all
physical properties of the System, of the kinds and in the amounts normally carried by municipalities
engaged in the operation of similar systems. All moneys received for losses under any such insurance
policies shall be applied solely to the replacement and restoration of the property damaged or
destroyed, and to the extent not so used, shall be used for the purpose of calling Bonds. Said insurance
will be in an amount not less than such amount as may be specified by LETTER OF INTENT TO
MEET CONDITIONS, Form FmHA 442.46, and said insurance shall be approved by the FmHA.
(d)
It will not borrow any money from any source or enter into any contract or agreement to
incur any other liabilities that may in any way be a lien upon the Revenues or otherwise encumber the
System so as to impair Revenues therefrom, without obtaining the prior written consent of the FmHA,
nor shall it transfer or use any portion of the Revenues derived in the operation of the System for any
purpose not herein specifically authorized.
(e)
It will not voluntarily dispose of or transfer its title to the System or any part thereof,
including lands and interest in land, sale, mortgage, lease or other encumbrances, without obtaining the
prior written consent of the FmHA.
(f)
Any extensions to or improvements of the System shall be made according to sound
engineering principles and specifications shall be submitted to the FmHA for prior review.
Section 17. Additional Bonds.
The Issuer may issue Additional Bonds of equal standing
with the Bonds for the following purposes and on the following conditions:
(a)
To complete construction of the Project according to the plans referred to in Section 1,
Additional Bonds may be issued in the amount necessary therefor.
(b)
For the purpose of making reasonable repair, replacement or extension of the System or
refunding any outstanding Bonds, Additional Bonds of equal standing may be issued if:
( i ) The augmented net revenues of the System for the Fiscal Year preceding the year in
which such Additional Bonds are to be issued were 120 percent of the average annual debt service
requirements on all Bonds then outstanding and those proposed to be issued net of any Bonds to be
refunded by the new issue; or
( ii ) The holders of at least 75 percent of the then outstanding Bonds consent to such
issue in writing.
For purposes of this Section the term “augmented net revenues” shall mean the Net Revenues of
the System for a year, adjusted to reflect the effect of any rate increase placed in effect during that year
(but not in effect for the whole year), placed in effect subsequent to the year or scheduled, at the time
the new Bonds are authorized, to be placed in effect before principal of and interest on the new Bonds
become payable from Revenues of the System, and augmented by any increase in Revenues or decrease
in expenses estimated to accrue from the improvements and augmentations provided for in the
preceding sentence shall be established by certificate of an independent consulting engineer filed with
the Clerk of the Issuer. If new Bonds are issued within 4 months of the end of a Fiscal Year, the
determination made in subsection (b)(i) of this Section may be based upon the results of a Fiscal Year
ending within 16 months of the date of issuance of the new Bonds.
The funds herein established shall be applied to all additional Bonds issued pursuant to this
Section as if said Bonds were part of the original bond issue and all Revenue from any such extension
or replacement constructed by the proceeds of an additional bond issue shall be paid to the Receiving
Fund mentioned in this Ordinance.
Except as otherwise specifically provided so long as any of such Bonds herein authorized are
outstanding, no Additional Bonds or other obligations pledging any portion or the Revenues of the
System shall be incurred or issued by the Issuer unless the same shall be junior and subordinate in all
respects to the Bonds herein authorized.
Section 18. Ordinance Shall Constitute Contract.
The provisions of this Ordinance
shall constitute a contract between the Issuer and the bondholders and after the issuance of the First
Series Bond this Ordinance shall not be repealed or amended in any respect which will adversely affect
the rights and interests of the holders nor shall the Issuer adopt any law, ordinance of resolution in any
way adversely affecting the rights or the holders so long as the Bonds or interest thereon remains
unpaid.
Section 19. Refunding of Bonds. If at any time it shall appear to the FmHA that the Issuer is
able to refund, upon call for redemption or with consent of the FmHA the then outstanding Bonds by
obtaining a loan for such purposes from responsible cooperative or private credit sources, at reasonable
rates and terms for loans for similar purposes and periods of time, the Issuer will, upon request of the
Government, apply for and accept such loan in sufficient amount to repay the Government, and will
take all such actions as may be required in connection with such loans.
Section 20. Default of Issuer.
If there shall be default in the Bond and Interest
Redemption Fund, provisions of this Ordinance or in the payment of principal of or interest on any of
the Bonds, upon the filing of a suit by 20 percent of the holders of the Bonds, any court having
jurisdiction of the action may appoint a receiver to administer the System on behalf of the Issuer with
power to charge and collect rates sufficient to provide for the payment of the Bonds and for the
payment of operation, maintenance and administrative expenses and to apply Revenues in accordance
with this Ordinance and the laws of Michigan.
The Issuer hereby agrees to transfer to any bona fide receiver or other subsequent operator of
the System, pursuant to any valid court order in a proceeding brought to enforce collection or payment
of the Issuer's obligations, all contracts and other rights of the Issuer, conditionally, for such time only
as such receiver or operation shall operate by authority of the court.
The holders of 20 percent of the Bonds in the event of default may require by mandatory
injunction the raising of rates in a reasonable amount.
Section 21. Ordinance Subject to Michigan Law and FmHA Regulations.
The provisions
of this Ordinance are subject to the laws of the State of Michigan and to the present and future
regulations of the FmHA not inconsistent with the express provisions hereof and Michigan Law.
Section 22. Fiscal Year of System.
consistent with that of the Issuer.
The Fiscal Year for operating the System shall be
Section 23. Issuer Subject to Loan Agreement. So long as the Government is holder of any
of the Bonds, the Issuer shall be subject to the loan agreement (form FmHA 442-47) with the FmHA
and shall comply with all provisions thereof.
Section 24. Conflict and Severability.
All ordinances, resolutions and orders or parts
thereof in conflict with the provisions of this Ordinance are to the extent of such conflict hereby
repealed, and each section of this Ordinance and each subdivision of any section hereof is hereby
declared to be independent, and the finding or holding of any section or subdivision of this Ordinance.
Section 25. Paragraph Headings. The paragraph headings in this Ordinance are furnished for
convenience of reference only and shall not be considered to be a part of this Ordinance.
Section 26. Publication and Recordation.
This Ordinance shall be published in full in
the Ogemaw County Herald, a newspaper of general circulation in the Issuer, qualified under State law
to publish legal notices, promptly after its adoption, and the same shall be recorded in the Ordinance
Book of the Issuer and such recording authenticated by the signatures of the Mayor and City Clerk.
Section 27. Effective Date.
This Ordinance is hereby determined by the City Council
to be immediately necessary for the preservation of the peace, health and safety of the Issuer and shall
be in full force and effect from and after its passage and publication as required by law.
Section 28. Repeal of Ordinances Nos. 970 and 971.
The city having defeased all of its
outstanding Sewage Disposal System Revenue Bonds (General Obligation) authorized pursuant to the
provisions of Ordinances No’s 970 and 971, the aforesaid Ordinances Nos. 970 and 971 are hereby
repealed.
Passed and adopted by the City Council of the City of Rose City, County of Ogemaw, Michigan
on August 18, 1986 and approved by me on November 4, 198.
Jack Vliet
Mayor
City of Rose City
(SEAL)
Attest:
Judy Harshman
City Clerk
YEAS Reasner, Jim Cards, Denni, Ballard, Diehl, Kemis
NAYS None
ABSENT None
I hereby certify that the foregoing is a true and complete copy of any Ordinance adopted by the
City Council of the City of Rose City, County of Ogemaw, Michigan, at a Regular meeting held on
August 18, 1986, and that said meeting was conducted and public notice of said meeting was given
pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of
Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made
available as required by said Act.
I further certify that said Ordinance has been recorded in the Ordinance Book of the City of
Rose City and such recording has been authenticated by the signatures of the mayor and City Clerk.
_______________________________________
City Clerk
CITY OF ROSE CITY
AN ORDINANCE TO PROHIBIT LOITERING IN ANY PRIVATE PARKING LOTS FOR PUBLIC
USE AND TO PROHIBIT DISTURBANCES IN THE CITY OF ROSE CITY, MICHIGAN.
SECTION 1. It shall be unlawful for any number of persons to congregate at any time
whatsoever on the premises of any commercial, residential, church or school property except as
permitted by the owner of said premises.
SECTION 2. No person shall drive a motor vehicle onto the premises of commercial,
residential, church or school property, either to park the same thereon or to drive through without
stopping, unless with the express consent of the owner or person in charge of the premises, or unless
such person has a lawful purpose in entering such premises connected with the use being made of the
premises.
SECTION 3. No person, individually or with others, shall stand, loiter, stroll or collect in a
group or crowd for any unlawful, improper or mischievous purpose of diversion to the annoyance,
interference or disturbance of other in any place in the City of Rose City, public or private, nor shall
any person refuse to leave any such place upon the request of any person having supervision thereof.
SECTION 4. Any person violating this Ordinance shall be guilty of a misdemeanor and shall
be punished by a fine of not more than $100.00 or imprisonment of not more than thirty (30) days or
shall be given both such fine and imprisonment at the discretion of the court.
SECTION 5. This ordinance and every provision thereof shall be considered separable and the
ordinance shall not affect the validity of any other portion of this ordinance.
SECTION 6. All ordinances or parts of ordinances in conflict herewith be and the same hereby
repealed.
SECTION 7. Effective date of this ordinance shall be July 22, 1988.
Jack Vliet_______________
Jack Vliet, Mayor
Judy Harshman__________
Judy Harshman, Clerk
Ordinance NO. 93-5-20
AN ORDINANCE TO AMEND SECTIONS IV, V, AND VI OF ORDINANCE 92-8-20 ENTITLED
“AN ORDINANCE TO REGULATE THE TERM AND FREQUENCY OF GARAGE, YARD,
BASEMENT, AND RUMMAGE SALES OF PERSONAL PROPERTY IN RESIDENTIAL AREAS
OF THE CITY.”
SECTION IV: Section IV entitled “PERMIT REQUIRED – APPLICATION – FEE” is hereby amended
to read as follows:
No owner, tenant, or lessee of a residence or institution shall conduct, advertise, or promote a
sale as regulated by this Ordinance without first obtaining a permit therefor as provided in this section:
(a)
(b)
A written application shall be filled with the City Clerk, on forms prescribed by the City
Clerk, containing the following:
(1)
The name and address of the person conducting the sale:
(2)
The location of which the sale is to be conducted:
(3)
The number of days which the sale is to be conducted within the limits
prescribed in this Ordinance.
(4)
A general description of the proposed items to be sold:
(5)
The date, nature, and location of any past sale conducted by applicant within the
last twelve (12) months.
The applicant shall pay the sum of One Dollar ($1) for the issuance of the sale permit to
the City clerk at the time of filling the application. If for some reason the yard sale is not
held at the time listed on the permit, the application with the option of re-filing.
SECTION V: Section V entitled “LIMITATIONS ON PERMIT ISSUANCE; DISPLAY” is hereby
amended to read as follows:
(a)
(b)
Any sale described in this Ordinance shall not be conducted for longer than four (4)
consecutive days. The City Clerk shall not issue more than three (3) permits per calendar
year, per location or residence, for any sale described in this Ordinance.
The permit authorizing such sale shall be displayed on the premises or other prominent
place. Clearly visible from the street, at each location where a sale is being conducted.
SECTION VI: Section VI entitled “SIGNS” is hereby amended to read as follows:
(a)
(b)
One sign advertising a sale regulated by this Ordinance may be erected or placed on the
premises of the sale and must be removed immediately at the end of the fourth day. No
sign shall be erected or placed on any street right of way
The sign shall not be in excess of six (6) square feet and shall not be illuminated in any
manner whatsoever except incidentally by street lights or house lights.
SECTION X. EFFECTIVE DATE OF AMENDMENTS:
This Ordinance was adopted on the ______ day of _____________, 1993, and will take effect
on the ______ day of _____________, 1993.
___________________________________
Mayor
___________________________________
City Clerk
Date
Ordinance NO. 93-8-9
AN ORDINANCE TO AMEND SECTION I OF ORDINANCE 1986-2-6 ENTITLED “AN
ORDINANCE TO ESTABLISH RATES AND CHARGES AND PROVIDE FOR THE
ENFORCEMENT THEREOF FOR THE USE AND SERVICE OF THE SANITARY SEWAGE
DISPOSAL SYSTEM OF THE CITY OF ROSE CITY, MICHIGAN.”
SECTION I: IS HEREBY AMENDED AS FOLLOWS:
Rates to be charged for service furnished by the City's Sanitary Sewage Disposal System
effective July 1, 1986 shall be based upon the applicable Unit Factor hereinafter set forth to be
multiplied by $45.00 for the residential users per quarter; $56.00 for commercial users per quarter; and
$70.00 for industrial users per quarter:
SCHEDULE OF UNIT FACTORS, PER QUARTER
Apartments
Auto Dealers
Banquet Halls
Bars
Beauty Shops
Car Washes
Clinics
Convalescent Homes
Factories (without showers)
Factories (with showers)
Laundry (self-serve)
Motels
Organizations (Members only)
Organizations (Members & Rentals)
Restaurants
Rooming Houses, Dormitories, etc.
Schools (with cafeteria, showers
and/or pools)
Service Stations
Service Stations
Snack bars, drive-ins, and/or
fast food
Stores (other than specified)
Swimming pools
Trailer Parks (individual
bath units)
1.00 per unit
.20 per 1,000 square feet
1.00 per 1,000 square feet
.08 per seat
.233 per booth
1.00 per stall
.25 per employee
.22 per bed
.06 per employee
.08 per employee
.30 per washer
.25 per unit
1.00 per hall
2.00 per hall
.09 per seat
.15 per bed
.052 per student
.30 per single pump
.60 per double pump
.06 per seat
.16 per employee
3.50 per 1,000 square feet
1.00 per unit
That, in no case, will there be less than a charge of $45.00 per quarter to any one single family
residence.
That, in no case, will there be less than a charge of $56.00 per quarter to any Commercial
premises.
That, in no case, will there be less than a charge of $70.00 per quarter to any industrial
premises.
RATES FOR SERVICE OUTSIDE CORPORATE CITY LIMITS
Sewer charges and rates for service outside the corporate limits of the City shall be no less than
$84.00 per quarter for Residential users, no less than $112.00 per quarter for Commercial users, and no
less than $140.00 per quarter for Industrial users; multiplied by the Unit Factor as set forth in the
Schedule of Unit Factors in this Ordinance.
That, in no case, will there be less than a charge of $84.00 per quarter to any one single family
residence.
That, in no case, will there be less than a charge of $112.00 per quarter to any Commercial
premises.
That, in no case, will there be less than a charge of $140.00 per quarter to any Industrial
premises.
TAP CHARGES
Each single family residential premises (or single family unit of a multi-family premises)
tapping into the System and securing therefrom sewer service shall pay, in case, at the time of
application for the tap, a charge for the privilege of using the facilities and receiving the service of the
system in the Amount of $350.00 plus such sums as will compensate the City for the cost of making
and inspecting the tap;
That each Commercial premise shall pay for tapping into the System and securing therefrom
sewer services, in case, at the time of the application for the tap, a charge for the privilege of using
the facilities and receiving the service of the System the minimum Amount of $550.00, and that said
minimum tap charge shall be multiplied by the applicable Unit Factor as reflected in the
Schedule of Unit Factors in the Users Rates Section of this Ordinance, plus such sums as will
compensate the City for the cost of making and inspecting the tap;
And that each Industrial premise shall pay for tapping into the System and securing therefrom
sewer services, in cash, at the time of application for the tap, a charge for the privilege of
using the facilities and receiving the service of the System the minimum Amount of $850.00, and that
said minimum tap charge shall be multiplied by the applicable Unit Factor as reflected in the Schedule
of Unit Factors in the Users Rates Section of the Ordinance, plus such sums as will compensate the
City for the cost of making and inspecting the tap.
SPECIAL RATES
For services to users not herein referred to specifically and for which a special rate should be
established, such rates shall be fixed by the City Council.
BILLING
Sewer rates and charges shall be billed and collected quarterly and all bills shall be due and
payable at the office of the City Treasurer within thirty (30) days after the date specified in the bill. For
all bills not paid within thirty days of the due date a penalty of 10% of the amount due shall be added.
ENFORCEMENT
The charges for sewer service which are, under the provisions of Section 21, Act 94, Public Acts
of Michigan, 1933, as amended, made a lien on all premises served thereby, unless notice is given
that the tenant is responsible, are hereby recognized to constitute such lien and whenever any such
charges against any piece of property shall be delinquent for six (6) months, the City official
or officials in charge of the collection thereof shall certify annually, on March 1st of each year, to the
City tax assessing officer the fact of such delinquency, whereupon such delinquent charge shall be
entered upon the next tax roll as a charge against such premises and the lien thereof enforced in the
same manner as general City taxes against such premises are collected and the lien thereof enforced:
Provided, however, where notice is given that a tenant is responsible for such charges and service as
provided by said section 21, no further service shall be rendered such premises until a cash deposit of
not less than one full year's service shall have been made as security for payment of such charges and
service.
Section 1(a): This Ordinance amending Ordinance No. 1986-2-6 shall take effect immediately
and shall be published once in the Ogemaw County Herald, a newspaper circulated within said city, and
publication in the newspaper shall be made within one (1) week after the passage hereof.
CERTIFICATION
I hereby certify that the foregoing is a true and complete copy of Ordinance No. 93-8-9, duly adopted
by the City council of the City of Rose City, County of Ogemaw, State of Michigan, at a regular
meeting held on August 9, 1993, and that public notice of said meeting was given pursuant to and in
conformity with Act No. 267, Public Acts of Michigan, 1972.
I further certify that Member Schick moved adoption of sad Ordinance and that Member Burr
supported said motion.
I further certify that the following members voted for adoption of said Ordinance Shick, Socha,
Burr, McGregor, Schnautz, Sekley and that the following Members voted against adoption of said
Ordinance none
I further certify that said Ordinance has been recorded in the Ordinance book of the City and
that such recording has been authenticated by the signatures of the Mayor and City Clerk.
I further certify that publication of the Ordinance in the Ogemaw County Herald on the 11 day
of August, 1993.
Sally Kemmis_______________
Mayor
Judy Harshman________________8-9-93__
City Clerk
Date
MUNICIPAL CIVIL INFRACTION ORDINANCE
OF THE CITY OF ROSE CITY
ORDINANCE # 94-10-20-1
SECTION 1. MUNICIPAL CIVIL INFRACTION DEFINED.
A municipal civil infraction means any act or omission prohibited by the ordinances specified in
section 3 of this ordinance.
SECTION 2. MUNICIPAL CIVIL INFRACTIONS DETERMINATION.
A municipal civil infraction determination means a determination that a person is responsible for a
municipal civil infraction by one of the following:
(A)
An admission of responsibility for the civil infraction
(B)
An admission of responsibility for the civil infraction with explanation.
(C)
A preponderance of the evidence at a hearing on the charge.
(D)
A default judgment for failing to appear as directed by a citation or other notice at a
scheduled appearance for a hearing.
SECTION 3. PENALTIES.
Any person or persons found guilty shall be punishable by a fine not more than $500.00 plus
court costs, imprisonment for not more than one hundred eighty (180) days or both in the discretion of
the court.
Any ordinance or parts of any ordinance in conflict with any provision of this ordinance are
hereby repealed.
EFFECTIVE DATE OF THIS ORDINANCE SHALL BE TWENTY (20) DAYS AFTER
PUBLICATION.
Adopted 10-20-94
Sally Kemmis, Mayor___________
SALLY KEMMIS, MAYOR
Judy Harshman, CMC___________
Judy Harshman CMC, CITY CLERK
CITY OF
ROSE CITY PARKS
CITY OF ROSE CITY
OGEMAW COUNTY MICHIGAN
AN ORDINANCE TO ESTABLISH THE RULES, REGULATIONS, CONDUCT, CONTROL AND
PROTECTION OF PARKS OWNED AND OPERATED BY THE CITY OF ROSE CITY, OGEMAW
COUNTY, MICHIGAN AND TO PROVIDE FOR SPECIAL PERMITS TO USE MUNICIPAL
PARKS AND TO PROVIDE FOR PENALTIES HEREOF.
SECTION I:
No person in any Park owned or operated by the City of Rose City shall:
A: Willfully mark, deface, disfigure, injure, tamper with or displace or remove any buildings,
bridges, cables, benches, fireplaces, playground, equipment, railings, paving, or paving materials,
public utilities, or parts or appurtenances thereof, signs, notices, or placards, whether temporary or
permanent, monuments, stakes, posts, or other boundary markers, or other structures, or equipment,
facilities or park property or appurtenances whatsoever, either real or personal.
B: Dig or remove soil, rocks, stones, trees, shrubs, or plants, or pick flowers.
C: Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.
D: Bring in, dump deposit, or leave trash, rubbish, waste or garbage except where such can be
placed in receptacles when these are provided for such purpose. Where receptacles are not provided, all
refuse, trash, rubbish, waste, or garbage shall be carried away from the park by person or persons
responsible for its presence and properly disposed of elsewhere.
SECTION II. OPERATION
A: City Parks shall be opened daily to the public between the hours of 9:00 A.M. to 10:00 P.M.
No person shall occupy or be present in any park during the hours it is not opened to the public,
provided, that City personnel conduction City business or other persons with special permits are not so
restricted.
1. Any person, club, association or organization desiring to use the Park after closing hours shall file an
application with the City Clerk on forms to be furnished by said City Clerk, and shall not use said Park
until said permit is granted.
2.All special permits shall have the approval of the City Council.
B. The operation of motor vehicles in any park is prohibited except in that area laid out and
appropriated as a driving lane or lanes for motor vehicles by the Police Chief. No motor vehicle shall
be driven or operated on said lane or lanes at a speed greater than fifteen (15) miles per hour.
C. No person shall stop, stand or park a motor vehicle except in such areas as may be laid out and
designated as a parking area by the Police Chief.
D. No person shall kindle or build or cause to be kindled or built a fire in any part except the places
designated by the Police Chief. In these areas where fires are permissible, such fires must be contained
in a receptacle designed for the purpose of holding a fire and must be attended at all times.
E. No person shall bring in, cause, or allow any dog, cat or other pets which he owns or has possession
or control of within the confines of any park unless such animal be attached to a leash not to exceed six
(6) feet in length; such leash to be of sufficient strength to hold such animals in constant check.
F. Picnic tables are not to leave the City Park.
G. City property shall not be damaged or destroyed and shall be treated with respect for the next user.
H. Commercial food concessions shall meet County Health Department guidelines.
I. Ball Park use fees are set at $50.00 per day. An additional $50.00 deposit must be paid. All fees and
deposits must be paid before any games are scheduled. The deposit will be refunded if the park is left
clean and orderly.
SECTION III. LIQUOR PROHIBITION.
No beer, wines or intoxicating liquors shall be consumed within or about the City Parks and
places of recreation. The City Council may grant a special permit to use intoxicating liquors on special
occasions in City Parks or places of recreation.
SECTION IV. VALIDITY.
Should any section, clause, or provision of this ordinance be declared by courts to be invalid,
the same shall not affect the validity of this ordinance as a whole or any part thereof, other than the part
so declared to be invalid.
SECTION V. PENALTIES.
Any persons found guilty shall be punishable by a fine not more than $500.00 plus court
costs, imprisonment for not more than one hundred eighty (180) days or both in the discretion of
the court.
SECTION VI. LIABILITIES.
All persons violating any provisions of this Ordinance shall be jointly and severally liable for all
damage done to said park while said person is in violation.
SECTION VII. EFFECTIVE DATE.
This Ordinance shall take effect twenty (20) days after the date of publication.
SECTION VIII.
held on the 20th day of October, A.D. 1994.
Sally Kemmis
Sally Kemmis
ATTEST:
Judy Harshman CMC
Judy Harshman CMC ,
City Clerk
City Clerk
, Mayor
, Mayor
ORDINANCE 00-11-9-2
AN ORDINANCE TO AMEND SECTION 2-E AND DELETE AND REWORD 2-1 OF
ORDINANCE 94-10-20-2 “AN ORDINANCE TO ESTABLISH THE RULES,
REGULATIONS, CONDUCT, CONTROL AND PROTECTION OF PARKS OWNED
AND OPERATED BY THE CITY OF ROSE CITY, OGEMAW COUNTY,
MICHIGAN AND TO PROVIDE FOR SPECIAL PERMITS TO USE MUNICIPAL
PARKS AND TO PROVIDE FOR PENALTIES HEREOF.”
SECTION 2-E :
Adding: Each person must be responsible for picking up after any animal in
their control.
SECTION 2-1 DELETE AND CHANGE TO READ:
Application must be filled with the City Clerk prior to using ball field.
This amendment is hereby declared to have been adopted and passed by the regular City Council of the
City of Rose City, county of Ogemaw, State of Michigan, at a regular meeting thereof duly called and
held on the 9th, Day of November, A.D. 2000.
_ _ Kenneth Sherlund
Kenneth Sherlund
, Mayor
Barbara Zielinski
Barbara Zielinski
City Clerk
“ An Ordinance prohibiting children less than seventeen years of age from loitering or remaining
upon the streets or other public places in the City of Rose City, Ogemaw County, State of
Michigan, after certain hours of the night, and repealing any and all ordinances and amendments
thereto contravening the provisions of this ordinance.”
SECTION 1. That it shall be unlawful for any person under the age of seventeen years to loiter or
remain or upon any streets, alleys, or public places in the said City of Rose City after the hour of 10:00
o'clock p.m. central war time, Sunday thru Saturday, unless such person is accompanied by his parent,
guardian, or other person having legal custody, and conches of such minor, or unless such minor is in
the pursuance of an errand directed by his parent, guardian or other person having his care or custody,
or while the performance of some lawful employment of such minor makes it necessary that said minor
by upon said streets, alleys, or public places during the night time, after such specified hours, and
except as hereinafter provided.
SECTION 2. Students attending school functions or functions sponsored or authorized by West
Branch-Rose City School District shall be at their respective homes within thirty minutes after such
program closes.
SECTION 3. Students working in the evening shall secure a card or note from employer of they are
upon the streets or public places after the hours above set forth, and shall at all times have said card in
their possession and exhibit same to any officer upon request.
SECTION 4. It shall hereafter be unlawful for any parent, guardian or other person having the legal
care, and custody of any minor under the age of seventeen years, to allow, or permit any such child,
ward, or other person, under such age, while in his legal custody, to loiter or remain, unaccompanied,
upon any of the streets alleys or other public places in said City within the time prohibited in section
one of this ordinance, unless there exists a reasonable necessary therefor.
SECTION 5. Each member of the police force, including Sheriff, Deputy Sheriff, or Michigan State
Police or other peace officer, while on duty, is hereby authorized to arrest without warrant any person
within his presence violating any of the provisions of section one of this ordinance and detain such for
a reasonable time until complaint can be made and warrant issued and served. Be it further ordained
that no child or minor person arrested under the provisions of this ordinance, shall be placed in
confinement until the parent or guardian of such child have been notified and the parents' wishes of the
wishes of such guardian or legal custodian ascertained, and the said parents, guardians, or legal
custodian shall refuse to be held responsible for the observance of said ordinance by said minor person.
SECTION 6. It shall be the duty of the Ogemaw County Magistrate, upon arrest of any child or minor
person, where the parents, guardian or legal custodian of such person refuse to become responsible for
such minor for the violation of the provisions of section one of this ordinance, to inquire into the facts
of said arrest, the conditions and circumstances of such child or minor person, and if it shall appear that
such child or minor person, for want of proper parental care, guardianship or control; is growing up in
medicancy or vagrancy, or is incorrigible, to cause the proper proceeding to be had and taken as
authorized by the laws of the state of such cases.
SECTION 7. Any person or persons, either minors under the age of seventeen years, or the parents,
guardian, or legal custodian of any such minor, violating any of the provisions of this ordinance, shall,
upon conviction thereof, be punished by a fine not exceeding fifty dollars, or by imprisonment for a
term not to exceed thirty days or by both such fine and imprisonment at the discretion of the court.
SECTION 8. The curfew shall be sounded in such a manner as the council shall from time to time
order.
SECTION 9. All ordinances, or amendments thereof, relating to the matter of curfew and prohibiting
children under certain ages from loitering or remaining upon streets or other public places of the City
of Rose City, contravening this ordinance are hereby repealed.
SECTION 10. This Ordinance shall take effect twenty days after publication.
ADOPTED ON October 20, 1994
Sally Kemmis, Mayor_____________________
SALLY KEMMIS, MAYOR
Judy Harshman CMC, City Clerk____________
JUDY HARSHMAN CMC, CITY CLERK
AN ORDINANCE TO PROHIBIT DISTURBANCE IN THE CITY OF ROSE CITY ORDIANS:
SECTION 1. No person, individually or with others, shall stand, loiter, stroll or collect in a
group or crowd for any unlawful, improper or mischievous purpose of diversion to the annoyance,
interference or disturbance of others in any place in the City of Rose City, public or private, nor shall
any person refuse to leave any such place upon the request of any person having supervision thereof.
SECTION 2. Any person found violating any of the provisions hereof shall be guilty of a civil
infraction punishable by a fine of not more than $500.00 and or imprisonment for not more than 180
days at the discretion of the court plus court costs.
SECTION 3. This Ordinance and every provision thereof shall be considered separable and
the invalidity of any section, clause, provision or portion of any section, clause or provision of this
ordinance shall not affect the validity of any other portion of this ordinance.
SECTION 4. Effective date of this ordinance shall be twenty (20) days after publication.
Sally Kemmis, Mayor
Mayor
Judy Harshman, Clerk
Clerk
ORDINANCE 94-10-20-5
AN ORDINANCE TO PROHIBIT IMPEDING THE NORMAL FLOW OF VEHICULAR OR
PEDESTRIAN TRAFFIC BY LOITERING UPON ANY PUBLIC STREET, HIGHWAY, SIDEWALK
OR OTHER PUBLIC PLACE.
SECTION 1. DEFINITIONS.
The term “public place” as used in this Ordinance shall
mean any street, alley, sidewalk, public building, any place of business or assembly open to or
frequented by the public, or any portion thereof, and any other place which is open to the public view,
or to which the public has lawful access.
SECTION 2.
(A)
No person, without authority, shall loiter or do any other act so as to block, obstruct,
impede or otherwise interfere with the normal flow of vehicular or pedestrian traffic upon any public
street or highway, sidewalk or any other public place or any business lawfully conducted by anyone in
or upon such place, by means of a barricade, object or device or with his person, all or any of which
prevents the free and uninterrupted ingress, egress and regress therein, thereon or thereto. This section
shall not apply to person maintaining, rearranging or constructing public utility facilities in or adjacent
to a street or sidewalk, nor shall it apply to person peacefully picketing upon place other than a public
street or highway.
(B)
No person shall conduct himself or join with one or more other person in a public place,
as defined above in Section 1 of this Ordinance, if he knows or should have known that, single or
together with the others with whom he has joined, he is obstructing the free and uninterrupted business
in said public place.
(C)
No person shall be issued a citation under this Section unless the person fails to leave
and of the above described locations after having been requested once to leave by the lawful owner or
occupant or a duly authorized police officer. The enforcing officer shall record all verbal warning in a
log.
(D)
A violation of this Section shall constitute a civil infraction, which shall be punishable
by a fine of not less than Fifty Dollars nor more than One Hundred Dollars and costs.
(E)
Following the issuance of a civil fine citation under Section 2 (d) above, a person failing
to leave the premises within a reasonable time after the request of a police officer shall be guilty of civil
infraction and shall be subject to a fine of up to Five Hundred Dollars or imprisonment in the County
Jail for a term not to exceed one hundred eight (180) days or both such fine and imprisonment plus
court costs.
SECTION 3. This Ordinance and every provision thereof shall be considered separable and in
Ordinance shall not affect the validity or any other portion of this Ordinance.
SECTION 4. Effective date of this ordinance shall be twenty (20) days after publication.
Adopted October 20, 1994.
Sally Kemmis, Mayor__________
Sally Kemmis, Mayor
(6)
(b)
Judy Harshman, CMC__________
Judy Harshman, CMC
The dates, nature, and location of any past sale conducted by applicant within the
last twelve (12) months.
The applicant shall pay the sum of One Dollar ($1) for the issuance of the sale permit to
the City Clerk at the time of filing the application. If for some reason the yard sale is not
held at the time listed on the permit, the applicant may, within 24 hours, withdraw the
application with the option of refilling.
SECTION V. LIMITATIONS ON PERMIT ISSUANCE; DISPLAY:
(a)
Any sale described in this Ordinance shall not be conducted for longer than three (3)
consecutive days. The City Clerk shall not issue more than two (2) permits per calendar
year, per location or residence, for any sale described in this Ordinance.
(b)
The permit authorizing such sale shall be displayed on the premises or other prominent
place, clearly visible from the street, at each location where a sale is being conducted.
SECTION VI. SIGNS:
(a)
One sign advertising a sale regulated by this Ordinance may be erected or placed on the
premises of the sale and must be removed immediately at the end of the third day. No
sign shall be erected or placed on any other property or street right of way.
(b)
The sign shall not be in excess of six (6) square feet and shall not be illuminated in any
manner whatsoever, except incidentally by street lights or house lights.
SECTION VII.
PUBLIC RIGHT OF WAY:
Items offered for sale shall not be displayed or exhibited within the public right of way.
SECTION VIII.
SEVERABILITY:
This Ordinance and every provision thereof shall be considered separable and invalidity of any
section, clause, provision, or part or portion of any section, clause, or provision of this Ordinance shall
not affect the validity of any other portion of this Ordinance.
SECTION IX.
PENALTY:
A violation of this Ordinance shall constitute a civil infraction which shall be punishable by a
fine of not less than Fifty Dollars ($50) nor more than One Hundred Dollars ($100) and costs.
SECTION X.
EFFECTIVE DATE:
This Ordinance was adopted was adopted one the 20th day of AUGUST, 1992, and will take
effect on the 16th day of SEPTEMBER, 1992 (can't be less than 20 days after passage and must be
published once in a county paper).
Sally Kemmis 9/16/92_________
Mayor
Date
Judy Harshman 9/16/92____________
City Clerk
Date
Ordinance to Establish Charges for City Emergency Services
Responding to a Hazardous Materials Emergency Incident
ORDINANCE # 94-7-7
An Ordinance to establish charges for City emergency services responding to an incident
involving hazardous materials under Public Act 102 of 1990 (compiled law 41.806A) and to
provide methods for the collection of such charges.
The CITY OF ROSE CITY, OGEMAW COUNTY, MICHIGAN, ordains:
Section 1: Purpose
In order to protect the City from incurring extraordinary expenses from the utilization of City resources
to respond to an incident involving hazardous materials, the City Council authorizes the imposition of
charges to recover reasonable and actual costs incurred by the City in responding to calls for assistance
in connection with a hazardous materials release.
Section 2: “Hazardous materials” defined
For purposes of this ordinance, “hazardous materials” include, but not limited to a chemical that is a
combustible liquid, a flammable gas, explosive, flammable, an organic peroxide, an oxidizer,
pyrophoric, unstable reactive or water reactive.
Section 3: “Release” defined
Any spilling, leaking, pumping, pouring, emitting, emptying discharging, injection, leaching, dumping
or disposing into the environment.
Section 4: “Responsible Party” defined
Any individual firm, corporation, association, partnership, commercial entity, consortium, join venture,
government entity, or any other legal entity that is responsible for a release of a hazardous material,
either actual or threatened, or, is an owner, tenant, occupant or party in control of property onto which
or from which hazardous materials release.
Section 5: Charges imposed upon responsible party
Where the City fire department responds to a call for assistance in connection with a hazardous
materials release, actual costs incurred by the City responding to such a call shall be imposed upon
responsible parties, including, but not limited to:
A. Prevailing rate per hour, or fraction thereof, for each pumper required, in the option of the officer in
command, to stand by at the hazardous materials incident. For each hour or fraction thereof, that the
pumps are activated an additional sum of prevailing rate per hour shall be charged.
B. Prevailing rate per hour, or fraction thereof, for each water tender required in the option of the
officer in command, to be utilized in responding to the hazardous materials incident.
C. Prevailing rate per hour, or fraction thereof, for each additional City or Township owned fire
department or City owned vehicle required, in option of the officer in command, to be utilized in
responding to the hazardous materials incident.
D. All personnel-related costs incurred by the City as a result of responding to the hazardous materials
incident. Such costs may include, but are not limited to wages, salaries, and fringe benefits and
insurance for full-time and part-time fire fighters; overtime pay and related fringe benefit costs for
hourly employees, and fire fun frees paid to on-call fire fighters. Such personnel-related charges shall
commence after the first hour that the fire department has responded to the hazardous materials
incident, and shall continue until all City personnel have conducted hazardous materials incidentrelated responsibilities.
E. Other expenses incurred by the City in responding to the hazardous materials incident, including but
not limited to, rental or purchase of machinery, equipment, labor, consultants, legal fees, and the
replacement costs related to disposable personal protective equipment, extinguishing agents, supplies,
water purchased from municipal water systems and meals and refreshments for personnel while
responding to the hazardous materials incident.
F. Charges to the City imposed by any local, state or federal government entities related to the
hazardous materials incident.
G. Costs incurred in accounting for all hazardous material incident-related expenditures, including
billing and collection costs.
Section 6: Billing procedures
Following the conclusion of the hazardous materials incident, the fire chief shall submit a detailed
listing of all known expenses to the City treasurer, who shall prepare an invoice to the responsible party
for payment. The treasurer's invoice shall demand full payment within thirty (30) days of receipt of the
bill. Any additional expenses that become known to the City fire chief following transmittal of the bill
to the responsible party shall be billed in the same manner on a subsequent bill to the responsible party.
For any amounts due that remain unpaid after thirty (30) days, the township shall impose a late charge
of one percent (1%) per month, twelve percent (12%) per annum, or fraction thereof as permitted by
law.
Section 7: Other remedies
The City may pursue any other remedy, or may institute any appropriate action or proceeding, in a
court of competent jurisdiction to collect charges imposed under this ordinance. The recovery of
charges imposed under this ordinance does not limit liability of responsible parties under local
ordinance or state or federal law, rule or regulation.
Section 8: Severability
Should any provision or part of the within ordinance be declared by any court of competent jurisdiction
to be invalid or unenforceable, the same shall not affect the validity or enforceability of the balance of
this ordinance which shall remain in full force and effect.
Section 9: Effective date
This ordinance shall take effect 21 days after its passage. All ordinances or parts of ordinances in
conflict are hereby repealed.
I hereby certify that the foregoing is a true and correct copy of an Ordinance made and unanimously
adopted by the City of Rose City, County of Ogemaw, at a regular meeting held in the Council
Chambers of City Hall on the 7th day of July 1994.
Yeas: Schick, Burr, McGregor, Schnautz, Sekely
Nays: None Absent: Judy Socha
Judy Harshman, CMC, City Clerk
Sally Kemmis, Mayor
MICHIGAN CONSOLIDATED GAS COMPANY GAS FRANCHISE
ORDINANCE
AN ORDINANCE, granting to MICHIGAN CONSOLIDATED GAS COMPANY, its successors and
assigns the right, power, and authority to lay, maintain, and operate gas mains, pipes and services on,
along, across and under the highways, streets, alleys, bridges and other public places, and to do a local
gas business in the CITY OF ROSE CITY, OGEMAW COUNTY, MICHIGAN for a period of thirty
years.
Section 1. Grant of Gas Franchise and Consent to Laying of Pipes, Etc. Subject to all the
terms and conditions mentioned this ordinance, consent is hereby given to Michigan Consolidated Gas
Company, a corporation organized under the laws of the State of Michigan (the “Company”), and to its
successors and assigns, to lay, maintain, operate, and use gas pipes, mains, conductors, service pipes,
and other necessary equipment in the highways, streets, alleys, and other public places in the City of
Rose City, Ogemaw County, Michigan, and a franchise is hereby granted to the Company, its
successors and assigns, to transact local business in said City of Rose City for the purposes of
conveying gas into and through and supplying and selling gas in said City of Rose City and all other
matters incidental thereto.
Section 2. Gas Service and Extension of System. If the provisions and conditions herein
contained are accepted by the Company, as in Section 6 hereof provided, then the Company shall
furnish gas to applicants residing therein in accordance with applicable laws, rules and regulations; and
provided further that such initial installation and any extensions shall be subject to the Main Extension
Provisions, the Area Expansion Program provisions (if and where applicable), and other applicable
provisions now or form time to time hereafter contained in the Company's Rules and Regulations for
Gas Service as filed with the Michigan Public Service Commission or successor agency having
similar jurisdiction.
Section 3. Use of Streets and Other Public Places. The Company, its successors and assigns,
shall not unnecessarily obstruct the passage of any of the highways, streets, alleys, or other public
places within said City of Rose City and shall within a reasonable time after making an opening or
excavation, repair the same and leave it in as good condition as before the opening or excavation was
made. The Company, its successors and assigns, shall use due care in exercising the privileges herein
contained and shall be liable to said City of Rose City for all damages and costs which may be
recovered against the City of Rose City arising from the default, carelessness, or negligence of the
company or its officers, agents, and servants.
No road, street, alley, or highway shall be opened for the laying of trunk lines or lateral mains
except upon application to the Highway Commissioner or the City of Rose City or other authority
having jurisdiction in the premises, stating the nature of the proposed work and the route. Upon receipt
of such application, it shall be the duty of the Highway Commissioners or the City Commission, or
such other authority as may have jurisdiction, to issue a permit to the Company to do the work
proposed.
Section 4. Standards and Condition of Service; Rules, Regulations and Rates. The company
is now under the jurisdiction of the Michigan Public Service Commission to the extent provided by
statute; and the rates to be charged for gas, and the standards and conditions of service and operation
hereunder, shall be the same as set forth in the Company's schedule of rules, regulations, and rates as
applicable in the several cities, villages, and townships in which the Company is now rendering gas
service, or as shall hereafter be validly prescribed for the City of Rose City under the orders, rules, and
regulations of the Michigan Public service Commission or other authority having jurisdiction in the
premises.
Section 5. Successors and Assigns. The words “Michigan Consolidated Gas Company” and
“the Company”, wherever used herein, are intended and shall be held and construed to mean and
include both Michigan Consolidated Gas Company and its successors and assigns, whether so
expressed or not.
Section 6. Effective Date: Term of Franchise Ordinance; Acceptance by Company. This ordinance
shall take effect twenty (20) days following the date of publication and acceptance thereof,
which publication shall be made with seven (7) days after the date of its adoption, and shall continue in
effect for a period of thirty (30) years thereafter, subject to revocation at the will of the City of Rose
City at any time during said thirty (30) year period; provided, however, that when this ordinance has
been published the City Clerk shall deliver to the Company a certified copy of the ordinance
accompanied by written evidence of publication and recording thereof as required by law, and the
Company shall, sixty (60) days after receiving the documents from the Clerk, file with the City Clerk
its written acceptance of the conditions and provisions hereof.
Section 7. Effect and Interpretation of Ordinance. All ordinances and resolutions, and parts thereof,
which conflict with any of the terms of this ordinance are hereby rescinded. In the case of conflict
between this ordinance and any such ordinances or resolutions, this ordinance shall control. The catch
line headings which precede each Section of this ordinance are for convenience in reference only and
shall not be taken into consideration in the construction or interpretation of any of the provisions of this
ordinance.
Ayes: Schmitt, Sacha, Burr, McGregor, Schmitt, Sekely
Nayes: None
Date Passed: 8-23-95
Attested, by Order of the City of Rose City
_ _ Judy Harshman
Judy Harshman
, City Clerk
Ken Shurlund__________________________
Ken Shurlund
, City Mayor
FIRE CHARGES ORDINANCE #96-12-5
Adopted: 12-05-96
Effective: 12-27-96
An ordinance to establish charges for fire departments services under Public Act 33of 1951, as
amended (compiled law 41.801, etc.) and to provide methods for the collection of such charges and
exemptions therefrom.
THE CITY OF ROSE CITY, OGEMAW COUNTY, MICHIGAN ORDAINS:
SECTION 1 – FUNDING OF FIRE DEPARTMENT – PURPOSE.
This ordinance is adopted for the purpose of reimbursing the City for costs incurred in the
operation of a Fire Department. Those receiving benefits from the fire protection service should bear
part of the financial burden of fire services. It is the further purpose of this Ordinance to provide for
partial funding of the Fire Department operation which remains, in part, an at-large governmental
expense based upon the general benefits derived by all property owners within the City from the
existence of a local Fire Department and its availability to extinguish fires within the City and perform
other emergency services.
SECTION 2 – BENEFIT OF FIRE SERVICES.
The owner of real estate, and or personal property, receiving benefit of fire services provided by
the Rose City Area Department shall be responsible under the provisions of this section.
SECTION 3 – EXPENSES.
Charges shall hereafter be due and payable to the City at rates and charges for services that will
be set periodically by the City for all emergencies and non-emergencies resulting in a Fire Department
response. Charges shall be based on all costs to the City including, but not limited to, labor and
equipment expenses.
SECTION 4 – PAYMENT BILLING.
Within 30 days after the first or emergency service provided to the owner of the real or personal
property, the City shall send a statement to the owner's mailing address as sown by the City tax rolls, or
to the owner of the real or personal property, as found with the State of Michigan records or as recorded
by emergency response personnel.
SECTION 5 – TIME PERIOD FOR PAYMENT.
All statements issued by the City pursuant to this section shall be due and payable within 30
days after the statement is sent.
SECTION 5 – EXEMPTIONS.
The following properties and services shall be exempt from the forgoing charges:
(A) Fires caused by railroad trains which are the specific statutory responsibility of railroad
companies.
(B) Fire service performed outside the jurisdiction of the City under a mutual aid contract with
and adjoining municipality.
SECTION 7 – COLLECTION OF CHARGE.
In the event the owner fails to pay the charges invoiced, the charges may constitute a lien
against the owner's real property in the City and may be collected as delinquent taxes. In addition, the
City may proceed in District Court, Circuit Court, or in any other court of competent jurisdiction for
the collection of the charges.
SECTION 8 – NON-EXCLUSIVE CHARGE.
The foregoing rates and charges to be established shall not be exclusive of the charges that may
be made by the City for the costs and expenses of maintaining a Fire Department, but shall only be
supplemental thereto. Additional charges may be collected by the City through general taxation after a
vote of the electorate approving the same or by a special assessment established under the Michigan
statutes pertaining thereto. General fund appropriations may also be made to cover such additional
costs and expenses.
SECTION 9 – MULTIPLE PROPERTY PROTECTION.
When a particular service rendered by the Fire Department benefits more than one person or
property, the owner of the each property so benefited, and each person so benefited, where property
protection is one involved, shall be liable for the payment of a portion of the charge for fire service.
The interpretation and application of the within section is hereby delegated to the Mayor of the City
subject only to appeal, within the time limits for payment, to the City Council, and shall be
administered so that charges shall only be collected from the recipients of the service.
_______12-5-96____________
Date
___Ken Sherlund________________
Mayor
Ken Sherlund
__Judy Harshman CMC_____________
Clerk
Judy Harshman, CMC
City of Rose City Fire Ordinance
An Ordinance to regulate the setting of fires, to provide penalties for the
violation thereof, and to provide for the collection of costs and expenses
incurred by the city of Rose City caused by the setting of fires within the city
limits of Rose City, Michigan.
THE CITY OF ROSE CITY ORDAINS;
Section 1: This ordinance is adopted in the interest of public safety, health
and morals and is designated to promote the general peace, health and safety
and welfare of the City of Rose City in regard to the regulation of the setting
of fires in and around the City of Rose City.
Section 2: This ordinance will be known as the City of Rose City Open Fire
Ordinance.
Section 3: As used herein, the following words and/or phrases are intended
to mean as follows:
A) The term “person” shall include all natural persons, firms, copartnerships, corporations, and all associations of natural persons,
incorporated or unincorporated, whether acting by themselves, or by
servant, agent or employee. All persons who violate said provision of
this ordinance, whether as owner or, occupant, lessee, agent, servant, or
employee shall be equally liable as the principles.
B) The term “chief enforcement officer” shall mean the Rose City Area
Fire Department Fire Chief, Rose City Police Chief or the Ogemaw
County Sheriff including duly appointed deputies or any other person
so designated by the City of Rose City.
C) “Domestic Fires” A domestic fire shall include a properly contained
and attended campfire. The phrase properly contained fire is intended
to mean a fire within the confines of a commercially available fire
burning receptacle including furnace, fireplace and airtight stove. A
domestic fire shall include any fire lit in a building and properly
contained as defined herein used for the purpose of providing heat and /
or light and / or being utilized for the purpose of cooking or warming in
an outside camp fire pit or burn barrel.
Section 4: It shall be unlawful for any person to, within the city limits,
start, set or cause to be set, or have an open fire, except for domestic
purposes within the City of Rose City.
Section 5: Any person desiring to set or start a fire, except for domestic
purposes as herein defined by this ordinance, shall be deemed guilty of a
misdemeanor and shall upon conviction thereof, be subject to costs
associated with the calling out of the Rose City Area Fire Department.
The costs of not less than One Hundred ($100.00) Dollars and no more
than Four Hundred ($400.00) Dollars to be determined by the fire
department, or by imprisonment in the jail of Ogemaw County, said
imprisonment not to exceed Ninety (90) days, plus court costs at the
discretion of the district court.
Section 6: Any person who fails to comply with said provision of this
ordinance or who starts, sets or causes to be set an open fire which
necessitates the calling of the Rose City Area Fire Department or any
other fire department on behalf of the City of Rose City shall be deemed
guilty of a misdemeanor as aforesaid and in addition shall be responsible
for any costs incurred as the result of the fire found to be in violation of
this ordinance; cost included any and all expenses incurred by the City of
Rose City and the Rose City Area Fire Department as calculated by the
Fire Chief of Rose City Area Fire Department or his designee. The City
of Rose City may sue in any court of competent jurisdiction for civil
damages and may cover such costs and expenses incurred by it from any
person, firm, partnership, association or corporation, who set such an
open fire.
Section 7: No person within the city limits of the City of Rose City shall
burn garbage, animal carcasses, refuse, building debris, leaves, animal
waste or any material giving off foul odors. Burn barrels are allowed
within the city limits with the use of a top cover grating with openings of
no more then a ¼”.
Section 8: Should any section, clause or provision of this ordinance be
declared by any court to be invalid, the same shall not affect the validity
of the remaining portion of such section of the ordinance or any part
thereof other than the part so declared to be invalid.
Section 9: Upon this ordinance taking effect, any prior City of Rose City
ordinance covering the same substantially similar subjects is hereby
repealed to the extent they provide for rules and regulations which are
inconsistent with this document.
Section 10: This ordinance shall take effect Thirty (30) days from and after
the date of its publication.
Section 11: This ordinance was adopted by the Rose City City Council,
Ogemaw County, Michigan at a regular meeting thereof held on
July 21, 2009.
____________________
Cindy Wiltse
Rose City Clerk
CITY OF ROSE CITY
ORDINANCE TO PROHIBIT THE DISCHARGE OF FIREARMS, SLING SHOTS,
CROSS BOWS, OR BOWS OR ARROWS WITHIN THE CITY OF ROSE CITY,
OGEMAW COUNTY, MICHIGAN.
SECTION I.
It shall be unlawful for any person to discharge a firearm or any other device such as sling
shots, cross bows, or bows or arrows which might be considered dangerous to humans, within the City
of Rose City.
SECTION II.
FIREARM means a weapon from which a dangerous projectile may be propelled by an
explosive, or by gas or air.
SECTION III.
This ordinance shall not apply to Law Enforcement Officers in the performance of their duties,
nor to individuals who have received special written permission by the City Council for a specific
purpose.
SECTION IV.
Any person found to be violating any provision of this Ordinance shall be guilty of a Municipal
Civil Infraction, and upon conviction thereof shall be fined in an amount not to exceeding FiveHundred Dollars ( $500.00) or imprisonment not exceeding (6) months, or both, in the discretion of the
Court, together with the costs of prosecution for each violating of this ordinance. It is further ordained
that any offender, upon failing to pay any such fine and the cost of prosecution, may be imprisoned for
any term not exceeding six months unless payment thereof be sooner made.
SECTION V.
This ordinance is enacted to protect the public, health, and safety of the residence of the City of
Rose City and others lawfully within its limits.
SECTION VI.
Ordinance Number 600 is repealed on the date this ordinance takes effect.
SECTION VII.
This ordinance shall take effect on the 26th day of September, 1996, and shall be published once
in the Ogemaw County Herald, a newspaper circulated within the City of Rose City, and publication in
the newspaper shall be made within one week after the passage of this ordinance.
SECTION VIII.
This ordinance is hereby declared to have been adopted and passed by the City Council of the
City of Rose City, County of Ogemaw, State of Michigan, at their regular meeting thereof, duly called
and held on the 5th day of September, 1996.
Judy Harshman, CMC___________
Judy Harshman, CMC
Rose City Clerk
Kenneth Sherlund___________
Kenneth G. Sherlund
Rose City Mayor
ORDINANCE 00-11-9-1
AN ORDINANCE TO AMEND SECTION I AND THE DELEATION OF SECTION II, OF
ORDINANCE 96-9-5 “AN ORDINANCE TO PROHIBIT THE DISCHARGE OF A FIRE ARM,
SLING SHOTS, CROSS BOWS, OR BOW AND ARROWS WITHIN THE CITY OF ROSE,
OGEMAW COUNTY, MICHIGAN”
SECTION I:
Shall now read: It shall be lawful for a person to discharge a shotgun, muzzle loader or
archery equipment, within the City of Rose City, provided the D.N.R. Rules and regulations are
followed.
This amendment is hereby declared to have been adopted and passed by the regular City Council of the
City of Rose City, county of Ogemaw, State of Michigan, at a regular meeting thereof duly called and
held on the 9th day of November, A.D. 2000.
Kenneth Sherlund_______________
Kenneth Sherlund
Mayor
Barbara Zielinski_____________
Barbara Zielinski
City Clerk
ORDINANCE 99-10-5
AN ORDINANCE TO REGULATE THE EXISTENCE, OWNERSHIP, USE AND TREATMENT OF
DOGS, CATS, AND OTHER ANIMALS IN THE CITY OF ROSE CITY, FOR THE PURPOSE OF
PROTECTING THE HEALTH AND SAFETY OF THE CITIZENS THEREIN, AND TO PROVIDE A
PENALTY FOR THE VIOLATION HEREOF, AND TO REPEAL STRAY DOG ORDINANCE 1950.
ANIMAL ORDINANCE
This ordinance shall be known and referred to as the # Animal Ordinance #99-10-5
DEFINITIONS:
For purposes of this chapter, certain words used herein are defined as follows:
Animals shall mean any live creature excepting human beings, fish, turtles and birds.
Animal Control Officers shall mean any person designated by the State of Michigan or others
Unit of government as a law enforcement officer who is qualified to perform such duties under the laws
of this State.
Nuisance Per Se shall mean any animal which:
(1) Molests pedestrians or passing vehicles.
(2) Attacks other animals.
(3) Trespasses on school grounds.
(4) Is found at large.
(5) Damages private or public property.
(6) Barks, whines, howls or makes any noise in excess after 10:00 p.m. and before
8:00 a.m.
(7) Defecates repeatedly at the same general location creating an accumulation.
Restraint shall mean any animal secured by a leash or lead or under the control of a responsible
person and obedient to that person's commands or within the real property limits of its owner.
Vicious Animal shall mean any animal or animals that constitute a physical threat to human
beings or other animals.
OFF PREMISES DEPOSITS
Any person who, while walking or escorting a dog or cat or any other animal, allows said
animal to deposit excrement on public or private property shall immediately remove and
properly dispose of such excrement.
No person shall permit any vicious dog of which is he the owner or caretaker to be unconfined
unless securely muzzled and led by a leash. Any dog shall be deemed vicious which has bitten a
person or domestic animal without molestation or which, by its actions gives indication that it is
liable to bite any person or domestic animal without molestation.
No person who is any owner of any female dog shall permit or allow such female dog to go
beyond the premises of such owner when said dog is in heat.
No person shall own, harbor, or keep a dog which by loud or frequent or habitual barking,
yelping, or howling, shall cause annoyance to the people in the neighborhood.
No pit bulls regardless of breed or mix. No person shall keep any horses, cattle, swine, sheep,
ponies, goats, or wild animals, poultry or other animals and fowl within the city limits. Let it be
known that any person having any of the above animals prior to this ordinance that are sold,
given up, or die they shall not be replaced so eventually there is compliance.
PENALTIES:
Shall be enforced under the misdemeanor law.
ORDINANCE 15-01-20
AN ORINANCE TO AMEND DEFINITIONS AND DELETE THE LAST SECTION
AND ADD SEC. 1 A, B, C, D, AND SEC. 2 A, B AND SEC. 3 A OF ORDINANCE
99-10-5 “AN ORDIANCE TO REGULATE THE EXISTENCE, OWNERSHIP OF
DOGS, CATS, AND OTHER ANIMALS IN THE CITY OF ROSE CITY, FOR THE
PURPOSE OF PROTECTING THE HEALTH AND SAFETY OF THE CITIZENS
THEREIN, AND TO PROVIDE A PENALTY FOR THE VIOLATION HEREOF, AND
TO REPEAL STRAY DOG ORDINIANCE 1950.”
This ordinance shall be know and referred to as the Animal Ordinance #01-15-20
DEFINITIONS:
For the purposes of this chapter, certain words used herein are defined as follows:
Animal(s) shall mean any live creature excepting human beings, fish, turtles and birds
Animal Control Officer(s) shall mean any person designated by the State of Michigan or
other Units of government as a law enforcement officer who is qualified to perform such
duties under the laws of this State.
Nuisance Per Se shall mean any animal which:
(1) Molests pedestrians or passing vehicles
(2) Attacks other animals.
(3) Trespasses on school grounds.
(4) Is found at large.
(5) Damages private or public property.
(6) Barks, whines, howls or makes any noise in excess after 10:00 p.m. and
before
8:00 a.m.
(7) Defecates repeatedly at the same general location creating an accumulation.
Restraint shall mean any animal secured by a leash or lead or under control of a
responsible person and obedient to that person’s commands or within the real property
limits of its owner.
Vicious Animal shall mean any animal or animals that constitute a physical threat to
human beings or other animals.
SECTION 1
OFF PREMISES DEPOSITS
A. Any person who, while walking or escorting a dog or cat or any other animal,
B. Allows said animal to deposit excrement on private property shall
immediately remove and properly dispose of such excrement.
C. No person shall permit any vicious dog of which he is the owner or caretaker
to be unconfined unless securely muzzled and led by a leash. Any dog shall
be deemed vicious which has bitten a person or domestic animal without
molestation or which, by its actions gives indication that it is liable to bite any
person or domestic animal without molestation.
D. No person shall own, harbor, or keep a dog which by loud or frequent or
habitual baking, yelping, or howling, shall cause annoyance to the people in
the neighborhood.
SECTION 2
RAISING AND KEEPING FOWL OR ANIMALS
A. No more than three (3) adult dogs shall be kept or housed per each
dwelling unit in any Residential District without first obtaining a
kennel license.
B. Any other provision of this Ordinance not withstanding, the keeping, housing,
raising, or use of fowl or animals other than domesticated animals of an
occupant of the premises, is prohibited in any Residential District.
1. On lots of one-half (1/2) acre, but less than one (1) acre: raising and
keeping fowl, roosters are not allowed, and/or rabbits and/or other
small animals for pets, not to exceed three (3) per family; all being
kept in an enclosure.
2. On lots of one (1) acre, but less than five (5) acres: raising and keeping
fowl, roosters are not allowed, and/or rabbits and/or other small
animals commonly raised for human consumption in numbers no
greater than is required to satisfy the personal needs of the human
occupants of the premises; all most be kept in an enclosure.
3. On lots of five (5) acres, but less than ten (10) acres; the uses
permitted by paragraph 2, above, plus one (1) horse or one (1) cow or
one (1) pig per acre over five (5) acres, provided that any pig pen or
building or structure housing farm animals shall be minimum of fifty
(50) feet from any property line.
4. On lots of ten (10) acres or more: the above restrictions shall not
apply.
SECTION 3 PENALTIES
1. Shall be enforced as a Civil Infraction.
Council of The City of Rose City, County of Ogemaw, State of Michigan, at a regular
meeting thereof duly called and held on the __. Day of ________, 2015.
___________________________
Dave Reasner, Mayor
_____________________________
CERTIFICATION:
I, Cindy Rosebrugh, City Clerk for The City of Rose City, County of Ogemaw, State of
Michigan, do hereby certify that the attached is a full, true, and correct copy of an
Ordinance duly made, passed and adopted by the City Council of the City of Rose City,
Michigan, at a regular meeting of the Council held on the ___ day of _______ 2015.
__________________________
NOTICE
The Rose City Council adopted Ordinance #15-02-17, an ordinance to regulate animals,
at the regular Council Meeting held on 02/17/2015. The ordinance is posted at Council
Chambers, 310 N. Williams and in the information center at City Hall, 410 N. Williams
St. Rose City for the next 20 days, starting on 02/18/2015 until 03/11/2015
Published in the Ogemaw Herald (03/19/2015)
STATE OF MICHIGAN
COUNTY OF OGEMAW
ORV ORDINANCE
An ordinance adopted for the purpose of authorizing and regulating the operation of Off Road Vehicles
(ORVs) on roads in Ogemaw County, for the purpose of providing penalties for the violation thereof,
and for the distribution of public funds resulting from those penalties pursuant to 2008 PA 240, MCL
324.81131.
THE COUNTY OF OGEMAW ORDAINS:
Sec 1 As used in this ordinance, the following definitions shall apply:
a) “County” means the County of Ogemaw
b) “Driver License” means an operator's or chauffeur's license or permit used to an individual
by the secretary of state under chapter III of the Michigan vehicle code, 1949 PA 300, MCL
257.301 to 257.329, for that individual to operate a vehicle, whether or not conditions are
attached to the license or permit.
c) “Operate” means to ride in or on, and be in actual physical control of the operation of an
ORV.
d) “Operator” means a person who operates or is in actual physical control of the operation of
an ORV.
e) “ORV” means motor driven off road recreation vehicle capable of cross-country travel
without benefit of a road or trail, or immediately over land, snow, ice, marsh, swampland, or
other natural terrain. ORV or vehicle includes, but is not limited to, a multi-track or multi-wheel
drive vehicle, an amphibious machine, a ground effect air cushion vehicle, or other means of
transportation deriving motive power from a source other than muscle or wind.
f) “Road” means a county primary road or county local road as described in section 5 of 1951
PA 51, MCL 247.655.
g) “Road Commission” means the Board of County Road Commissioners for the County of
Ogemaw.
h) “Safety certificate” means a certificate issued pursuant to 1994 PA 451 as amended, MCL
324.81129, or a comparable ORV safety certificate issued under the authority of another state
or a province of Canada.”
i) “Township” means an individual township within the County of Ogemaw.
j) “Township Board” means a board of trustees of any township within the County of Ogemaw.
k) “Visual supervision” means the direct observation of the operator with the unaided or
normally corrected eye, where the observer is able to come to the immediate aid of the operator.
Sec. 2 [Alternative A] An ORV may be operated on the far right of the maintained portion of a road
within the county.
Sec. 2 [Alternative B] An ORV may be operated on the far right of the maintained portion of a road
within the county with these exceptions:
a)
b)
c)
Sec. 2 [Alternative C] An ORV may be operated on the far right of the maintained portion of the road
within the county here described:
a)
b)
c)
Sec. 3 A township board of a township in the county may adopt an ordinance to close any roads within
the boundaries of the township to the operation of ORVs permitted by the county. Beginning July 17,
2009, the township board of a township in the county may adopt an ordinance authorizing the operation
of ORVs: on the maintained portion of 1 or more roads located with the township,” pursuant to MCL
324.81131 (3).
Sec. 4 The county road commission may close no more than 30% of the total linear miles of roads in
the county to protect the environment or if the operation of ORVs pose a particular and demonstrable
threat to public safety. The road commission may not close a municipal street or ORVs opened under
Section 5 of this ordinance.
Sec. 5 An ORV may not be operated on the road surface, roadway, shoulder, or right-of-way of any
state or federal highway in the county.
Sec. 6 Except as set forth herein or otherwise provided by law, an ORV meeting all of the following
conditions may be operated on a road or street in the country:
a) at a speed of no more than 25 miles per hour or a lower posted ORV speed limit.
b) by a person not less than 12 years of age.
c) with the flow of traffic.
d) in a manner which does not interfere with traffic on the road or street.
e) traveling single file except when overtaking and passing another ORV.
f) When visibility is not substantially reduced due to weather conditions unless displaying a
lighted headlight and lighted taillight
g) ½ hour before sunrise until ½ after sunset unless displaying a lighted headlight and lighted
tail light.
h) while displaying a lighted headlight and lighted taillight at all hours beginning January 1,
2010.
i) while the operator and each passenger is wearing a crash helmet and protective eyewear
approved by the United States department of transportation unless the vehicle is equipped with
a roof that meets or exceeds standards for a crash helmet and the operator and each passenger is
wearing a properly adjusted and fastened seat belt.
j) with a throttle so designed that when the pressure used to advance the throttle is removed, the
engine speed will immediately and automatically return to idle.
k) while the ORV is equipped with a spark arrester type United States forest service approved
muffler in good working order and in constant operation.
l) pursuant to noise emission standards defined by law.
Sec. 7 A child less than 16 years of age shall not operate an ORV on a road in the county unless the
child is under the direct visual supervision of an adult and the child has in his or her immediate
possession a Michigan issued ORV safety certificate or a comparable ORV safety certificate issued
under the authority of another state or a province of Canada.
Sec. 8 Unless a person possesses a valid driver’s license, a person shall not operate an ORV on a road
or street in the county if the ORV is registered as a motor vehicle and is either more than 60 inches
wide or has three wheels
Sec.9 Any person who violates this ordinance is guilty of a municipal civil infraction and may be
ordered to pay a civil fine of not more than $500.00.
Sec. 10 A court may order a person who causes damage to the environment, a road or other property as
a result of the operation of an ORV to pay full restitution for that damage above and beyond the
penalties paid for civil fines.
Sec. 11 A County Treasurer shall deposit all fines and damages collected under this ordinance into a
fund to be designated as the ORV fund. The County of Board of Commissioners shall appropriate
revenue in the ORV Fund as follows:
a) Fifty percent the County Road Commission for repairing damage to roads and the
environment that may have been caused by ORVs, and for posting sign indicating ORV speed limits,
or
indicating whether roads are open or closed to the operation of ORVs.
b) Fifty percent to the County Sheriff for ORV enforcement and training.
Sec. 12 This ordinance becomes effective August 6, 2008.
This Ordinance is adopted by action of the Rose City Council Members this 6th day of August, 2008.
Council Members voting “Aye”:
Council Members voting “Nay”:
Council Members Absent:
William Schneider______________
William Schneider, Mayor
Cindy Wiltse___________________
Certification
I, Cindy Wiltse, City Clerk of The City of Rose City, do hereby certify that this is a true and
correct copy of the Ordinance duly adopted by the Rose City Council on the 6th day of August, 2008.
Cindy Wiltse___________________
DECLARATION OF RESTRICTIVE COVENANTS
AS TO
ROSE CITY INDUSTRIAL PARK
THIS DECLARATION, made this 18th day of October, 1977, by the City of Rose City, Rose
City, Michigan, hereinafter sometimes called the City.
WHEREAS, the City is the owner of real property described in Clause I of this Declaration and
is desirous of subjecting said property to the following conditions, covenants, restrictions, reservations
and easements hereinafter set forth each and all of which is and are for the benefit of and pass with said
property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and
any owner thereof;
NOW, THEREFORE, CITY OF ROSE CITY, hereby declares that the real property described
in and referred to in Clause I hereof is, and shall be, held, transferred, sold, conveyed and occupied
subject to the conditions, covenants, restrictions, reservations and easements hereinafter set forth.
CLAUSE I
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is and shall be, conveyed, transferred, occupied and sold subject to the
conditions, covenants, restrictions, reservations and easements set forth herein is located in the City of
Rose City, County of Ogemaw and State of Michigan, has been surveyed, laid out and platted and titled
ROSE CITY INDUSTRIAL PARK, a part of the southeast ¼ of the Northeast ¼ of Section 6, Town 23
North, Range 3 East, City of Rose City, Ogemaw County, Michigan, said plat recorded in the office
of the Register of Deeds for the County of Ogemaw on the 8th day of December, 1977, in Liber
6 of Plats, Page 6 & 6A.
DEFINITION OF TERMS
“Building site” shall mean any lot, or portion thereof, or two or more contiguous lots of portions
thereof, or a parcel of land upon which a commercial or light industrial building or buildings and
appurtenant structures may be erected in conformance with the requirements of these covenants.
“City”, shall mean CITY of ROSE CITY, its successors and assigns unless the context indicated
otherwise.
“Improvements” shall mean and include a commercial or light industrial building or buildings,
outbuildings appurtenant thereto, parking areas, loading areas, fences, masonry walls, hedges, lawns,
mass plantings and any structures of any type or kind located above ground.
“Building line or lines” shall mean the minimum distance which commercial or light industrial
buildings and outbuildings or any structures of any type or kind located above ground shall be set back
from the property or street lines, and reference is hereby made to the recorded plat of the CITY OF
ROSE CITY INDUSTRIAL PARK, in which is located the real property hereby subjected to these
covenants for the location of such building lines.
“Side building site line” shall mean the boundary or property line dividing two adjoining
building sites.
“Front building line or lines”. Shall mean the boundary or property lines bounded by the lot and
the street or road. For the purposes of these covenants the front boundary line for lot 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, shall be Industrial Park Drive. The front boundary line for Lot 15, shall be that
line bordering Beechwood Road, the front boundary line for Lot 16, shall be that boundary line
bordering Casemaster Road.
CLAUSE II
GENERAL PURPOSES OF CONDITIONS
A. The real property described in Clause I hereof is subjected to the conditions, covenants,
restrictions, reservations and easements hereby declared to insure proper use and appropriate
development and improvement of each building site thereof; to protect the owners of building sites
against such improper use of surrounding building sites as will depreciate the value of their property; to
guard against the erection thereon of structures built of improper or unsuitable materials; to insure
adequate and reasonable development of said property to encourage the erection of attractive
improvements thereon, with appropriate locations thereof on building sites; to prevent haphazard and
inharmonious improvement of building sites; to secure and maintain property setbacks from streets, and
adequate free spaces between structures; and in general to provide adequately for a high type and
quality of improvement in said property.
B. All purchasers shall be bound to complete their building within 2 years of the date of
purchase or the City shall, at its option, have the right to demand a reconveyance of said lot at the
original purchase price.
CLAUSE III
GENERAL RESTRICTIONS
A. No building site or improvement thereon may be used for any use other than light industrial,
warehouse, commercial (if not principally engaged in retail sales) or recreational purposes or uses.
B. No building site or improvement shall be used for heavy industry; auto wrecking, salvage
yards, used material yards, storage or baling of waste or scrap paper, rags, scrap metals, bottles or junk;
bag cleaning; boiler and tank work, central mixing plant for asphalt, mortar plaster or concrete; or
foundries
C. No noxious or offensive trade or activity shall be carried on nor shall anything be done
thereon which may be or become an annoyance or nuisance to the said CITY OF ROSE CITY
INDUSTRIAL PARK, hereby restricted by reason of unsightliness or the excessive emission of odors,
dust, fumes, smoke or noise.
D. A grantee purchaser may purchase two or more contiguous lots to be used as a building site
for improvements as defined under Clause I, in which instance the outside perimeter boundaries of the
contiguous lots shall constitute the perimeter boundary of the building site subject to the terms of these
restrictions.
E. No building, structure or improvement other than present water tower, shall be erected,
permitted or placed on any part of Lot 13. A single sign identifying the area as the CITY OF ROSE
CITY INDUSTRIAL PARK combined with a directory may be erected thereon. The balance of the lot
shall be landscaped and attractively maintained.
F. No building or structure shall be erected, permitted or placed on any building site unless all
footings shall be of poured concrete or concrete blocks filed with concrete, and the exterior
construction thereof is of stone, brick, reinforced concrete, glass, steel, equivalent masonry
construction or combination of these materials, and further that the curtain wall shall be below finish
grade and in no case be less than frost line depth. Should any building be constructed of lightweight
aggregate, concrete blocks, tile blocks, or tile brick, the front of such building shall be finished with
face brick, common brick painted, limestone or their equivalent. When exterior walls, (excepting the
front wall) are constructed of lightweight aggregate or concrete blocks, unless such exterior walls are
finished in stucco or granite, or their equal, the joints shall be tooled or pointed and such exterior walls
shall be rubbed down and covered sufficiently with standard waterproofing point.
G. No excavations or excavating work shall be permitted or any part of said lots except
excavations for the purposes of constructing buildings and tangible improvements on such real estate
immediately prior to and during the construction of such buildings and tangible improvements. No soil,
sand, gravel, minerals, aggregate or earth materials shall be removed from said real estate except as a
part of such excavations made for the purpose of constructing buildings and tangible improvements on
said lots.
H. No building having barrel-type or arch-roof construction shall be built on any building site.
I. Present lot owners who have joined in the execution of this instrument shall within two years
from this date cause that portion of their lots not used for improvements, parking areas, loading areas or
driveways to be landscaped, planted and maintained as a lawn in good condition. All other lot
purchasers shall be required to do the same within two years from the date of purchase of their lot.
J. Billboards or other advertising signs, other than those identifying the name, business and
products of the person or firm occupying the lot shall not be erected, permitted or placed on any part of
said lot.
K. All present lot owners who have joined in the execution of this instrument shall within two
years from this date cause all parking and truck maneuvering areas to be surfaced with bituminous
concrete or approved comparable all weather dustless material. All other purchasers of lots shall be
required to do the same within two years from the date of purchase of their lot, after building is erected
and in use.
L. Outside storage shall be permitted on the rear lot areas only, and all such storage shall be
properly fenced and screened with approved material to a minimum height of six (6) feet.
M. No open loading dock shall be erected on the sides of buildings fronting on any street.
Enclosed truck loading docks may be located on the sides of buildings fronting on the street provided
that the truck doors are set back a minimum of One Hundred (100) feet from the property line abutting
the street and shall be screened by approved landscaping or equal material.
N. No materials or supplies shall be stored or permitted to remain on any part of the lot outside
the buildings constructed thereon. Any finished products or semi-finished products stored on the
property outside of said buildings shall be confined to the rear one-half of the property, but shall in no
instance be placed on that side of the building paralleling an existing street.
O. No building, structure, improvement or appurtenance or any portion thereof shall be
constructed on any building site within Seventy Five Feet (75') of any front lot line or within Thirty
Feet (30') of any side or rear lot line with the exceptions of Lot 16, which setback is already now
established by the owner and plans for addition to building are made.
P. All buildings will be constructed above and landward of the freeboard line, elevation 924.0
(USGS datum) and openings will not be permitted into basements below the elevation of the freeboard
line.
Q. The exterior of all buildings, structures, improvements and appurtenances and all walks,
driveways, lawn and landscaping on such lot shall be maintained in good order, free of weeds and in
good repair and condition.
R. No waste material or refuse shall be dumped upon or permitted to remain upon any part of
said lot outside of the improvements constructed thereon.
S. All drive entrances to lots shall be a minimum of Thirty feet (30') wide and shall have Twelve
inch (12”) tubes with flared end sections.
T. In addition to above listed items, all construction shall meet or exceed all requirements,
restrictions and or rules as may now exist in the CITY OF ROSE CITY and OGEMAW COUNTY.
CLAUSE IV
Each of the foregoing covenants, conditions, and restrictions shall run with the land hereby conveyed
and a breach of any one of them or the continuance thereof may, at the option of the City, its successors
or assigns, be enjoined, abated, or remedied by appropriate proceedings. It is understood, however ,
that the breach of any of the foregoing covenants, conditions and restrictions shall not defeat or render
invalid the of any mortgage on said premises made in good faith and for value: Provided, however, that
any breach or the continuance thereof may be enjoined, abated or remedied by the proper proceedings
as aforesaid: And provided further, that each and all of the foregoing covenants, conditions and
restrictions shall at all times remain in full force and effect against said premises, or any part thereof,
title to which is obtained by foreclosure of any such mortgage.
It is expressly understood and agreed that the City of Rose City, has full power and authority to
enforce the foregoing covenants, conditions and restrictions.
CLAUSE V
Each condition and covenant herein contained except condition P, which is perpetual, shall
terminate and be of no further effect after twenty-five (25) years from the date of execution hereof;
provided that at any time within three years before the expiration of said period, the then owners of a
majority of the square feet area in the ROSE CITY INDUSTRIAL PARK, may by written declaration
signed and acknowledged by them and recorded in the Office of the Register of Deeds for Ogemaw
County, Michigan, extend such restrictions, conditions and covenants for a period of ten (10) years
additional, and this right to so extend by the then owners, shall exist as long as a majority of the square
feet area in said Industrial Park desire to do so.
CLAUSE VI
Invalidation of any one of these restrictive covenants or conditions by judgment or court order
shall in no wise effect any of the other provisions which other provisions shall remain in full force and
effect.
IN WITNESS WHEREOF the undersigned owners of the property embraced within the plat
known as ROSE CITY INDUSTRIAL PARK have executed this instrument on the date adjacent to
each owner’s name:
Witnesses
Kay Donna Kosek____
KAY DONNA KOSEK
Date
CITY OF ROSE CITY
INDUSTRIAL PARK
_______10-18-77_______
by:_Edward Zielinski__________
EDWARD ZIELINSKI
Shirley Ann Wickwire _
_______10-18-77________
SHIRLEY ANN WICKWIRE
by:_________________________
_______________________
by:_________________________
_______________________
_______________________
by:_________________________
STATE OF MICHIGAN )
) SS.
OGEMAW COUNTY )
PERSONALLY CAME BEFORE ME THIS 18th DAY OF OCTOBER 1977, EDWARD ZIELINSKI,
MAYOR PRO-TEM OF THE ABOVE NAMED CORPORATION, TO ME KNOWN TO BE THE
PERSON WHO EXECUTED THE FOREGOING INSTRUMENT, AND TO ME KNOWN TO BE
SUCH MAYOR PRO-TEM OF SAID CORPORATION, AND ACKNOWLEDGED THAT HE
EXECUTED THE FOREGOING INSTRUMENT AS SUCH OFFICER AS THE FREE ACT AND
DEED OF SAID CORPORATION, BY ITS AUTHORITY.
Kay Donna Kosek__________________________
KAY DONNA KOSEK, NOTARY PUBLIC
MY COMMISSION EXPIRES FEBRUARY 11, 1980
CITY OF ROSE CITY
POLICIES
CITY OF ROSE CITY
CROSS CONNECTION CONTROL PROGRAM
Section I.
INTRODUCTION.
In accordance with the requirements set forth by the Michigan Department of Public Health, the
City of Rose City is officially adopting an ordinance that incorporates the State of Michigan cross
connection control rules to protect the City of Rose City public water supply system. “Cross
Connection” is defined as a connection or arrangement of piping or appurtenances through which a
backflow could occur. “Backflow” means water of questionable quality, waste or other contaminants
entering a public water supply system due to a reversal of flow. The cross connection control program
will take effect immediately upon approval by the Michigan Department of Public Health.
Section II.
LOCAL ORDINANCE.
The authority to carry out and enforce a local cross connection control program will be in
accordance with this said Ordinance, and any other amendments thereto, a copy of which is included in
the program, and in accordance with the Cross Connection Rules Manual.
Section III.
LOCAL INSPECTION.
The City of Rose City or a person designated by the City Council shall be responsible for
making the initial cross connection inspections and re-inspections to check for presence of cross
connections with the City water supply system. Individuals responsible for carrying out the cross
connection inspections and re-inspections shall have obtained necessary training through any available
manuals on cross connections prevention including the Cross Connection Rules Manual as published
by the Michigan Department of Public Health and attendance of any cross connection training sessions
sponsored by the Michigan Department of Public Health or any other recognized agencies.
Section IV.
SCHEDULE FOR INSPECTIONS.
The schedule for inspections shall be in accordance with the following general outline:
a. known or suspected secondary water supply cross connections shall be inspected first,
such as but limited to surface water, class three wells, recirculated water, etc.
b. Known or suspected submerged inlet cross connections will be inspected next.
In general, emphasis will be placed on making inspections initially of all industrial and
commercial establishments or where cross connections are known or suspected to exist. A general area
review will follow in a logical sequence as time permits. Emphasis will be placed on inspecting all
industrial and commercial establishments within a period of six months following approval of this
program.
Section V.
SCHEDULE FOR REINSPECTION
In order to assure against the hazards of cross connections, it will be necessary to periodically
and systematically re-inspect for the presence of cross connections. The schedule for re-inspection shall
be in accordance with the schedule as noted on page 43 of the Cross Connection Rules Manual.
Whenever it is suspected or known that modifications have taken place with piping system serving a
particular water customer, re-inspections of the premise will be made.
Section VI.
PROTECTIVE DEVICES
The methods to protect against the hazards of cross connections as outlines of pages 37 and 39
of the Cross Connection Rules Manual will be incorporated into the City cross connection control
program. Whenever any deviation from the recommended methods of protection is contemplated,
approval from the Michigan Department of Public Health shall be first obtained.
Section VII.
COMPLIANCE TIME.
The time allowed for correction or eliminated of any cross connection found shall be as follows:
a. Cross connections which pose an eminent and extreme hazard shall be disconnected
immediately and so maintained until necessary protective device or modifications are made.
b. Cross connections which do not pose an extreme hazard to the water supply system
but nevertheless constitute a cross connection should corrected within a reasonable period of time. The
length of time allowed for correction should be reasonable and may vary depending on the type of
device necessary for protection. The water utility shall indicate to each customer where a cross
connection is found to exist, the time period allowed for compliance.
Section VIII. ANNUAL REPORTING AND RECORD KEEPING
Sufficient data to complete an annual report to the Michigan Department of Public Health and
to monitor the program adequately for the City of Rose City purposes will be maintained adequately for
the City of Rose City so to do, and their responsible agents. An inspection form will be used during the
initial inspection procedure. Inspection forms will be used to monitor the status of the protective device
as well as the test results by a qualified backflow preventer tester. Inspection forms will also be used to
re-inspect for cross connections.
This Cross Connection Control Program for the City of Rose City, Michigan is hereby declared
to have been adopted and passed by the City Council of the City of Rose City, County of Ogemaw,
State of Michigan, at a regular meeting thereof duly called and held on the ____ day of _________,
A.D., 1979.
_________________________________
EDWARD ZIELINSKI, Mayor
ATTEST:
Gerald G. Danin
CITY CLERK
All connection charges as set forth shall be paid to the City prior to the installation of water
service.
Section II
If any phrase, sentence or paragraph of this Ordinance shall be held for any reason to be
ineffective or unconstitutional then such holding shall not in any way effect the validity of the
Ordinance will be enacted as to all the other terms and provisions thereof, notwithstanding and
Section III
All Ordinances, Resolutions, or Orders or parts thereof in conflict with the provisions of this
Ordinance are, to the extent of such conflict, hereby repealed.
Section IV
This Ordinance shall take effect on the 1st day of May, 1980, and shall be published once in the
Ogemaw County Herald, a newspaper circulated within the City and publication in the newspaper shall
be made within one (1) week after the passage thereof.
Section V
This ordinance is hereby declared to have been adopted and passed by the City Council of the
held on the 21st day of April, 1980.
Edward Zielinski______________________
EDWARD ZIELINSKI MAYOR
ATTEST:
_________________________________
CITY CLERK
GERALD G. DANIN
City of Rose City Mobile Home Park Rules
Where the word Management is used it refers to the City of Rose City,
City Council
1.
No Mobile Home or lot shall be sub-leased, sold or transferred without the knowledge of
management
2.
Proof of ownership and insurance of your mobile home must be on file at City Hall.
3.
The City is not responsible for damage, injury or loss by accident, theft or fire to the property or
any tenant, persons or guest. You enter and live in the park at your own risk.
4.
Pets approved by the management will be allowed in park.
5.
Noise allowances in the park will be the same as the rest of the city.
6.
No commercial vehicles will be allowed to be parked overnight unless approved by the
management.
7.
All structures or alternations (including steps and sidewalks) to mobile home or lot must be
described in writing and approved by management prior to installation.
8.
All clogged sewers above ground are the responsibility of the tenant.
9.
All mobile homes must be skirted with good quality materials within thirty days of occupancy
and must be approved by management.
10.
All trash shall be kept in containers and must be kept on the side of the mobile home and putout for pick-up no sooner than the night before pick-up day. Bundled branches in 4 foot lengths and
grass and leaf clippings must be bagged and set on side of road for pick-up.
11.
All tenants are expected to maintain their mobile home and lot in a neat and clean manner, free
of debris all lawns must be mowed on a regular basis.
12.
No open fires are permitted on any lot within the Rose City Mobile Home Park.
13.
All lots are leased as single family dwellings.
14.
Management reserves the right to evict any tenant who does not abide by the rules and/or the
lease agreement.
15.
Parents are responsible for their children and their actions at all times.
16.
Request for all services and repairs must be in writing and dated via a Request for Services form
which will be available at City Hall and will be addressed as needed.
17.
All complaints must be in writing and dated via a complaint form which will be available at
City Hall and will be addressed at the next City Council meeting by the management.
18.
Rent is due on the first day of the month; any rent not paid by the 10th will have a late fee of
20% added to the rent. Two successive non-payments may be cause for eviction.
19.
No fences, poles, stakes, or posts may be erected or placed on any lot without prior approval
from the management via a Request of Services form.
20.
All lots vary in size and are leased on an “as is basis.
Amended and approved by the Rose City Council.
David J. Reasner, Mayor
July 20, 2010
All Rules for Rose City Mobile Home Park have been taken from the lease
agreement each tenant signs, please read your lease agreement.
I have read and understand all of the rules pertaining to occupancy of the City of
Rose City Mobile Home Park, and I agree to abide by these rules.
____________________________
Name
_________________
Date
City of Rose City
Water Hook-up Policy and Procedures
Title
Water hook-up Policy and Procedure
Purpose
This policy is adopted in accordance with the City of Rose; City Charter which requires that all policies
are voted on and approved. This is the written policy authorizing all water hookups to all residential
and commercial buildings in The City of Rose City as of August 31, 2009.
Guidelines and Restriction for Water Hookup
The following guidelines and restrictions shall be adhered to with respect to any water hookup within
The City of Rose City residential or commercial.
1.
All appointments will be made with The City of Rose City DPW at least 2 weeks prior to
scheduled hook up.
2.
All appointments will be honored at the time of receipt of payment and weather permitting.
3.
The City of Rose City DPW will supply all materials for 1 inch line water line which includes
all digging from Main to property line, all 1 inch line, tap, shut off valve for inside house (only) and
valve box from the Main to designated building.
4.
Property owners are responsible for installation of service line and digging recommended at
least a trench 24 inch wide and 4 foot deep from property line to designated building prior to The City
of Rose City DPW water hook-up scheduled appointment.
5.
Property owners requesting larger than 1 inch line from property line to building are responsible
for purchasing all 2, 4, or 6 inch lines needed for hookup.
Page 2 – Water Hook-up Policy and Procedures
6.
The City of Rose City will have summer rates which run from April 16th to November 14 and
winter rates will run from November 15th to April 15th.
7.
Summer Rates are as follows:
___________________________________________________________________________________
1 inch line
$800
City will provide service line to
property line and the City will only
supply materials, to the building
___________________________________________________________________________________
2 inch line
$1000
City will provide service line to
property line, the owner is
responsible for installation and
material to building
___________________________________________________________________________________
4 inch line
$1000 for tapping
$10 a foot from Main to Property
line
___________________________________________________________________________________
6 inch line
$1000 for tapping
$10 a foot from Main to property
line
___________________________________________________________________________________
8.
Winter Rates are as follows:
___________________________________________________________________________________
1 inch line
$1600
City will provide service line to the
property line and the City will only
supply the materials, to the building
___________________________________________________________________________________
2 inch line
$2000
City will provide service line to the
property line, the owner is
responsible for installation and
material to building.
___________________________________________________________________________________
4 inch line
$2000 for tapping
line
___________________________________________________________________________________
6 inch line
$2000 for tapping
line
___________________________________________________________________________________
The foregoing policy and procedure was adopted on the ____ day of ______________, 2009, upon
Motion made by __________________________ and seconded by ___________________________.
Ayes:
Nays:
Absent:
I hereby certify that the foregoing is a true and complete copy of a policy and procedure offered and
adopted by the City of Rose City at a regular Council meeting held __________________ 2009.
__________________________
Cindy Wiltse
City Clerk
RESOLUTON OF THE CITY OF ROSE CITY TO ADOPT A
SOCIAL SECURITY NUMBER PRIVACY POLICY
At a regular meeting of the Council of the City of Rose City, County of Ogemaw,
Michigan, held in the Rose City Council Chambers on April 3, 2007
Present: Bettye Smith, Wesley Ramsden, Jane Griffith, Leona Pariseau, Henry Aday
Absent:
The following resolution was offered by Bettye Smith and supported by Leona Pariseau:
WHEREAS: Pursuant to Michigan state law, it is the policy of the City of Rose City to
protect the confidentiality of social security numbers. No person shall knowingly acquire
disclose, transfer, or unlawfully use the social security number of any employee or other
individual unless in accordance with applicable state or federal law and the procedures
and rules established by this policy.
I.
Administrative Procedures/Rules
A.
Social Security Number Defined: As used in this policy, the term “social
security number” includes both the entire nine-digit number and more than 4
sequential digits of the number.
B.
Public Display: Social security numbers shall not be placed on
identification cards or badges, membership cards, permits, licenses, time
cards, employee rosters, bulletin boards, or any other materials or documents
that are publicly displayed. Documents, materials, or computer screens that
display social security numbers or other sensitive information shall be kept out
of public view at all times.
C. Access to Social Security Numbers: Only persons authorized by the
responsible department or other administrative unit head shall have access to
information or documents that contain social security numbers.
D. Mailed or Transmitted Documents: Documents containing social
security numbers shall only be mailed or transmitted in the following
circumstances:
i. State or federal law, rule, regulation, or court order or rule authorizes,
permits, or requires that a social security number appear in the document.
ii. The document is sent as part of an application or enrollment process
initiated by the individual whose social security number is contained in the
document.
1
iii. The document is sent to establish, confirm the status of, service, amend, or
terminate an account, contract, policy, or employee or health insurance
benefit or to confirm the accuracy of a social security number of an
individual who has an account, contract, policy, or employee or health
insurance benefit.
iv. The document or information is a copy of a public record filed or recorded
with the county clerk or register of deeds office and is mailed by that office to
a person entitled to receive that record.
v. The document or information is a copy of a vital record recorded as provided
by law and is mailed to a person entitled to receive that record.
vi. The document or information is mailed by or at the request of an individual
whose social security number appears in the document or information or his or
her parent or legal guardian.
Documents containing social security numbers that are mailed or otherwise sent
to an individual shall not reveal the number through the envelope window, nor
shall the number be otherwise visible from outside the envelope or package.
Social security numbers shall not be sent over the internet or a computer system
or network (e.g. through email) unless the connection is secure or the transmission
is encrypted. No individual shall be required to use or transmit his or her social
security number over the internet or a computer system, or to gain access to an
internet website, computer system, or network (e.g. through e-mail) unless the
connection is secure, the transmission is encrypted, or a password or other unique
personal identification number or other authentication device is also required to
gain access to the internet website or computer system or network
E.
Storage and Disposal
All documents or files that contain social security numbers shall be stored in a physically
secure manner.
Social security numbers shall not be stored on computers or other electronic devices that
are not secured against unauthorized access.
Documents or other materials containing social security numbers shall not be thrown
away in the trash; they shall be discarded or destroyed only in a manner that protects their
confidentiality, such as shredding.
F.
Information Collected
Social security numbers should only be collected where required by federal and state law
or as otherwise permitted under the Michigan Social Security Number Privacy Act. If a
unique identifier is needed, a substitute for the social security number shall be used.
2
G. Accountability
Any person who fails to comply with this policy shall be subject to discipline up to and
including discharge.
H.
Policy Guidance
If any questions regarding social security number privacy and security should arise
contact the City Clerk for policy clarification and guidance.
NOW, THEREFORE, BE IT RESOLVED;
1. The City of Rose City agrees to adopt this Social Security Number Privacy Policy.
2. All resolutions and parts of resolutions insofar as they conflict with the provisions
Of this Resolution are hereby rescinded.
Upon a vote for the adoption of said Resolution, the vote was:
Yeas: Wesley Ramsden, Jane Griffith, Bettye Smith, Leona Pariseau,
Henry Aday
Nays: None
Absent: None
The Resolution was thereupon declared adopted/not adopted.
CERTIFICATION
I hereby certify that the foregoing is a true and complete copy of a Resolution
adopted by the City of Rose City, County of Ogemaw, State of Michigan, at a meeting
held on April 3, 2007, the original of which is on file in my office and available to the
public.
Date: 04/03/2007
Cindy Wiltse
City of Rose City Clerk
.
3
4

city of rose city ordinances, resolutions and policies

Transcription

Similar documents

RESIDENT INFORMATION FOOD COLLECTION

- The Forest City News

Slotomania Big Win - Bingo Card Game For Ipad

Tp - City of Coeur d`Alene

[Published in McAlester News-Capital on ` 2016] ORDINANCE NO

minutes of the kent county levy court regular business meeting kent

Board of Zoning Appeals Variance Application BEGINNING JULY 1

Request for recommendation from former professor

Thoroughfare Map - Town of Carlton Landing

Official Zoning Map - Town of Carlton Landing