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ARTICLE 9. MISCELLANEOUS PROVISIONS

CHAPTER 5. SPECIFIC POWERS

Annotations By: Jacqueline Bejma

Sec. 9-501. Eminent Domain

The city has the power of eminent domain

Eminent domain can be exercised with any procedure authorized by law or ordinance

Private property cannot be taken without just compensation

The city can provide supplemental compensation by ordinance

The City has the power of eminent domain and, to the extent permitted by law, may condemn private or public property, located within or outside the city, for any public purpose. This power may be exercised in accordance with any procedure authorized by law or ordinance.

Private property may not be taken without just compensation therefore being first paid or secured. Further, the City may, by ordinance, provide supplemental compensation for property taken. Where the conduct of the City constitutes a taking of property under the law, any party injured by such a taking may institute an inverse condemnation action in a court of appropriate jurisdiction.

Sec. 9-502. Enabling Legislation

The city can enact any ordinance to carry out the provisions of the charter

The City may enact any ordinance authorized by law or necessary to carry out the provisions of any section of this Charter.

Sec. 9-503. Historic Areas and Landmarks

Preservation of historic areas and landmarks is considered a public purpose

The city may provide for preservation of historic areas and/or landmarks by ordinance

Any historic designation cannot be withdrawn without the consent of a majority of property owners

The preservation of historic areas and landmarks is declared to be a public purpose.

The City may provide, by ordinance, for the preservation of historic areas and landmarks within the city.

When an area is designated an historic district, the designation may not be withdrawn without the consent of a majority of the property owners within the district and the requirements of the district applicable to private property may be enforced upon the complaint of any property owner or association of property owners within the district.

Sec. 9-504. Library

The city can make appropriations to assist with operations of city libraries

The City may make appropriations to, and exercise its power in aid of, the Detroit Library Commission for the operation of libraries within the City.

Sec. 9-505. Penalties

The city can provide punishment for violations of the charter by ordinance

The City shall by ordinance, provide punishment, up to the extent permitted by law, for the violation of this Charter or any ordinance.

All persons prosecuted for the violation of this Charter or any ordinance shall be afforded all rights of due process required by federal and state law.

Sec. 9-506. Rents, Tolls, Excises and Taxes

The city will provide for laying and collecting rents, tolls and taxes

The City may provide for the laying and collecting of rents, tolls, excises and taxes in accordance with section 4-114.

Sec. 9-507. Service Fees

Any agency can charge an admission or service fee with the approval of city council

The City Council will approve any changes to service or admission fees

Any agency of the City may, with the approval of the City Council, charge an admission or service fee to any facility operated, or for any service provided, by an agency.

The approval of the City Council shall also be required for any change in any such admission or service fee.

Sec. 9-508. Utilities

The city can acquire, construct, own, operate, improve, enlarge, extend, repair and maintain public utilities

The city can borrow money, levy taxes or otherwise finance the above

The city will set just and reasonable rates for city utilities by ordinance

The city will enforce city utility rates and charges by ordinance

1. Acquiring and Financing of City-Owned Utilities
   
   The City may acquire, construct, own, operate, improve, enlarge, extend, repair, and maintain public utilities and borrow money, levy taxes, or make other arrangements for the financing of public utilities to the maximum extent permitted by law or this Charter. Included is authority to acquire and maintain or participate in the acquisition of maintenance of a bridge or tunnel across the Detroit River or to acquire, own and operate ferry boats on the Detroit River and surrounding water.
   
   As used in the chapter, public utility means any business or service affected with the public interest as defined by general law.
2. Rates
   
   Except as provided by section 7-1202, the City shall, by ordinance, fix just and reasonable rates and such other charges as may be necessary for supplying city utility services to the residents of the City and others.
3. Enforcement
   
   The City shall provide, by ordinance, for the enforcement of city utility rates and charges.

Sec. 9-509. Parking Fines

The City Council shall, by ordinance, adopt a schedule of fines and penalties for parking violations.

Sec. 9-510. Incentives for City-Based Businesses

The city can provide incentives to local businesses by ordinance

The city may adopt an ordinance that gives incentives for purchasing from Detroit-based businesses

Any ordinance providing these incentives should be enacted within 180 days of adoption of this charter

The City shall provide by ordinance for incentives to business entities located within the City of Detroit, to the extent permitted by law. The City may adopt a purchasing ordinance with a system of incentives for Detroit-based businesses. The incentives may provide for businesses located in economic zones of the City, or for community-based enterprises, as defined by ordinance. This ordinance shall be enacted no more than one hundred eighty (180) days after adoption of this Charter.