24-003717.pdf

Michael OConnor, Petitioner V City Of Gladstone, Respondent · 24-003717-TT

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Before the 

Michigan Department of Licensing and Regulatory Affairs 

Michigan Office of Administration Hearings and RuleR CEIVED 

Michigan Tax Tribunal 

PO Box 30232 

AUG 26 2025 

Lansing, Michigan 

MICHIGAN TAX TRIBUNAL 

Michael O'Connor 

MOAHR No.24-003717 

Petitioner 

Special Assessment 

City of Gladstone 

Police & Fire Protection 

Respondent 

Documentation 

Certification of Determination & Section 117.d Home Rule City Act 

Ad Valorem Special Assessment Police and Fire Protection Act 33 of 1951 

Additional Documents: 

The Constitution of Michigan of 1963 

- Constitution VII S 22 Charters, resolutions, ordinances: enumeration of powers 

specifically provides 

powers expressly granted under the Home Rule Act 179 of 1909 MCL 117.4d to establish special 

assessments or in this case the power of the electors to stop all special assessments. * 

It is proposed by an initiative petition that Chapter XI, Special Assessments, be amended to remove the city's 

authority to levy and collect special assessments by abrogating Sections 2 through 28 and replacing the text of 

Section 

1 with: The commission shall not have the power to levy and collect special assessments. The City of 

Gladstone shall immediately cease all actions to collect any special assessment. 

Certification of vote. 

Respectfully Submitted this 20th Day of August, 2025 

~Z#), 

Michael O'Copfnor

fvlun 

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MCL - Article VII § 22 

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Chapter 1 

CONSTITUTION OF MICHIGAN OF 1963 

Constitution-VII 

4 

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STATE CONSTITUTION (EXCERPT) 

CONSTITUTION OF MICHIGAN OF 1963 

§ 22 Charters, resolutions, ordinances; enumeration of powers. 

Sec. 22. 

Under general laws the electors of each city and village shall have the power 

and authority to frame, adopt and amend its charter, and to amend an existing 

charter of the city or village heretofore granted or enacted by the legislature for the 

government of the city or village. Each such city and village shall have power to 

adopt resolutions and ordinances relating to its municipal concerns, property and 

government, subject to the constitution and law. No enumeration of powers granted 

to cities and villages in this constitution shall limit or restrict the general grant of 

authority conferred by this section. 

History: Const. 1963, Art. VII, § 22, Eff. Jan. 1, 1964 

Former Constitution: See Const. 1908, Art. VIII, § 21.

MCL - Section 117.4d 

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Chapter 117 

Act 279 of 1909 

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THE HOME RULE CITY ACT (EXCERPT) 

Act 279 of 1909 

117.4d Permissible charter provisions; assessing costs of public 

improvement and boulevard lighting system; definitions. 

Sec. 4d. 

(1) Each city may in its charter provide: 

(a) For assessing and reassessing the costs, or a portion of the costs, of a public 

improvement to a special district. 

(b) For assessing the cost, or a portion of the costs, of installing a boulevard 

lighting system on a street upon the lands abutting the street. A city shall not 

establish a special assessment district for a boulevard lighting system if the district 

includes the entire city, unless the special assessments against the real property 

within the district are levied on other than an ad valorem basis. 

(2) 

As used in this section: 

(a) "Boulevard lighting system" means any design or method of providing light to 

a street. 

(b) "Cost" includes necessary condemnation cost and necessary expenses 

incurred for engineering, financial, legal, or administrative services; operation and 

Laws 

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(c) "Street" means a public avenue, street, highway, road, path, boulevard, or 

alley or other access used for travel by the public. 

History: Add. 1929, Act 126, Eff. Aug. 28, 1929 ;-- CL 1929, 2234 ;-- CL 1948, 117.4d ;-- 

Am. 1961, Act 124, Eff. Sept. 8, 1961 

;-- Am. 1964, Act 27, Imd. Eff. Apr. 29, 1964 ;-- Am. 

1988, Act 201, Imd. Eff. June 29, 1988 

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CERTIFICATE OF DETERMINATION GENERAL ELECTION 

TUESDAY NOVEMBER 5, 2024 

Proposed Gladstone Charter Amendment to Remove the City’s 

Power to Levy and Collect Special Assessments 

The Proposed Gladstone Charter Amendment to Remove the City’s Power to Levy 

and Collect Special Assessments 

did receive more yes votes than no votes and 

therefore did pass. 

In Witness Whereof, We have here unto set our hands and affixed the Seal of the 

County of Delta this 12%" day of November, 2024 for the November 5, 2024 General 

Election. 

: 

fatty Uru wdf 

UNA [pn 

ame 

Q (Be oriroctan 

Nanay, J. Przewrotiki, lerk of theBdard of Canvassers

Escanaba Township, Precinct 1 

990 

388 

Escanaba Township, Precinct 2 

552 

217 

Fairbanks Township, Precinct 1 

167 

53 

Ford River Township, Precinct 1 

879 

345, 

Garden Township, Precinct 1 

372 

132 

Maple Ridge Township, Precinct 1 

319 

122 

Masonville Township, Precinct 1 

630 

307] 

Nahma Township, Precinct 1 

224 

100 

‘Wells Township, Precinct 1 

663 

267 

Wells Township, Precinct 2 

995 

341 

Total 

14,079 

5,276 

Delta County - Veterans Affairs Millage Proposal (Vote for 1) 

Precinct 

Yes 

No 

City of Escanaba, Precinct 1 

1,059 

347 

City of Escanaba, Precinct 2 

1,222 

242 

City of Escanaba, Precinct 3 

1,286 

390 

City of Escanaba, Precinct 4 

637 

210 

City of Gladstone, Precinct 1 

930, 

332 

City of Gladstone, Precinct 2 

3965 

412 

Baldwin Township, Precinct 1 

321 

116 

Bark River Township, Precinct 1 

631 

243 

Bay de Noc Township, Precinct 1 

180 

61 

Brampton Township, Precinct 1 

436 

170] 

Cornell Township, Precinct 1 

226 

117 

Ensign Township, Precinct 1 

376 

136 

Escanaba Township, Precinct 1 

990 

366, 

Escanaba Township, Precinct 2 

534 

228 

Fairbanks Township, Precinct 1 

166 

58 

Ford River Township, Precinct 1 

895 

319, 

Garden Township, Precinct 1 

357] 

137 

Maple Ridge Township, Precinct 1 

326 

C114) 

Masonville Township, Precinct 1 

702 

287 

Nahma Township, Precinct 1 

233 

88. 

Wells Township, Precinct 1 

706 

226 

Wells Township, Precinct 2 

999 

329 

Total 

14,177] 

5,028 

Proposed Gladstone Charter Amendment to Remove the City's Power to Levy and Collect Special Assessments (Vote for 1) 

Precinct 

Yes 

No 

City of Gladstone, Precinct 1 

811 

452 

City of Gladstone, Precinct 2] 

943 

415] 

Total 

1,754] 

867] 

Bay De Noc Township Road Millage Renewal Proposal (Vote for 1) 

[Precinct 

[Yes 

INo 

|

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON |. BROWN, DPA 

« GOVERNOR 

LANSING 

DIRECTOR 

hice] Fnac 

; 

MICHIGAN TAX TRIBUNAL 

Petitioner(s) 

v 

MTT Docket No.24-003717 

City of Gladstone 

, 

Respondent(s) 

PROOF OF SERVICE 

Michael O'Connor 

states that on 

8 20 2025 

he/she 

[Name of person serving/mailing petition] 

[date of service] 

served a copy of the Cert of Determination/Charter _ relative to the above-captioned matter upon: 

[Provide name and address of the party/people being served] 

Janice Frizzell 

City of Gladstone 

1100 Delta Ave 

Gladstone MI 49837 

, 

[Signature of person who is serving/mailing copy] 

Michael O'Connor 

[Print/type name of person serving/mailing copy]

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Michigan Department of Licensing and Regulatory Affairs 

Michigan Office of Administration Hearings and Rules 

Michigan Tax Tribunal 

PO Box 30232 

Lansing, Michigan 48909 

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