Imágenes de páginas

etc., or.

constable, one year. Thereafter there shall be elected at each annual election one constable for one year, and also one alderman in each ward for the term of two years, to succeed the alderman whose term of office soonest expires, and every two years thereafter there shall be elected in each ward one supervisor. Sec. 5. The present justices of the peace of the cities of Bay Election of

justices. City and West Bay City, shall continue to hold their respective offices and perform the duties thereof, until the expiration of their respective terms; at the annual city election under this act in the year nineteen hundred five, and at every such election thereafter, there shall be elected one justice of the peace. The Jurisdiction, justices of the peace of said city shall have the same jurisdiction and power, perform the same duties, and be subject to the same liabilities as justices of the peace of townships in this State, except as herein otherwise provided, and in all civil suits and proceedings whatsoever they shall have original concurrent jurisdiction, within the jurisdiction of justices of the peace, when either of the parties to the proceeding in such civil suit shall reside within the limits of the county of Bay. At the annual election in April nineteen hundred five, and every Certain of

when two years thereafter, there shall be elected as aforesaid, one elected. mayor, and one treasurer; at the said annual election in nineteen hundred five there shall be elected one city recorder, who shall be elected for two years; at the annual election in April nineteen hundred seven and every four years thereafter, there shall be elected one city recorder; at the said annual election in April nineteen hundred five, and every four years thereafter, there shall be elected one comptroller. Each of the supervisors Powers of

supervisors. elected as aforesaid shall be the supervisor of the ward for which he was elected, with all the powers of supervisors of townships in this State, and subject in all respects to the provisions of the law regulating the duties of township supervisors, except as herein otherwise provided; no person shall be eligible for elec- Eligibility to tion to, or hold the office of mayor who is holding any judicial office, or who is holding any city or county office for which a stipulated annual salary is paid or received. The treasurer shall not be eligible for election for more than two consecutive terms. No person shall be eligible to any elective office who is not an elector of said city, and no person shall be eligible to any ward office who is not an elector of said warsl.

SEC. 6. Notice of election under this act shall be given by Notice of electhe recorder at least eight days before the election, by publishing the same in the official newspaper of said city. The alder. Who to be men and supervisors of each ward shall be inspectors of such election, and they shall also be inspectors of the State and county elections; and they, together with the other inspectors of election provided by law, shall choose the clerk thereof. In case any such supervisor or alderman is a candidate for election to office, or is otherwise disqualified to act as such inspector, the council shall, by a majority vote of all the aldermen elect, appoint inspectors qualified to act in their stead;






When council to determine result.

notify person

Vacancy, how and in case of a vacancy on the board of election inspectors,

the electors present may choose, viva voce, from their number at the poll, one or more to fill such vacancy or vacancies, to whom shall be administered the constitutional oath of office by

either of said inspectors, or any person qualified to administer Elections, how oaths. The manner of conducting all elections and canvassing

the votes, and the qualifications of electors in the several wards,

shall be the same as that provided by the general laws of this Proviso as to State, except as herein otherwise provided : Provided, That at cbarter elec

such charter elections, the said inspectors shall make one certificate of the number of votes given for each person for the several offices to be filled in and for said city; and also one certificate of the number of votes given for each person for their respective ward offices and of the officers elected in their respective wards, which certificate shall be immediately filed in the office of the recorder in said city.

Sec. 7. Upon the Thursday next following any annual city election except that of nineteen hundred five, the council shall meet at the council chamber and thereupon determine who, by the greatest number of votes given in the several wards at such

election, are duly elected to fill the respective city and ward Recorder to offices; and it shall be the duty of said recorder immediately elected. after such determination to cause notice to be given to each of

the persons elected, of their election, and each of said officers so elected and notified shall within twenty days thereafter take and subscribe the constitutional oath of office before any person

authorized to administer oaths, and shall deliver the same to Proviso as to the said recorder, who shall file the same in his office: Pro.

vided, That in case of the election of one or more justices of the peace, the said recorder shall make a certificate thereof, and cause it to be delivered to the county clerk, in the same manner as is required of township clerks; and in case two or more shall receive, for the same office, an equal number and not a plurality of votes given at such election, the council shall immediately proceed to determine, by lot between the persons receiving the highest number of votes, which shall be considered elected to such office. In case any of the officers elected shall neglect, for the term of twenty days, to qualify, as aforesaid, the office shall thereby become vacant.

Sec. 8. At all city elections, every elector shall vote in the ward where he shall have resided twenty days next preceding the day of election; the residence of any elector who is not a householder shall be the ward where he boards or takes his

regular meals. When regis Sec. 9. The board of registration shall meet on the first

Monday of October, in the year nineteen hundred eight and the said board shall make a registration of the qualified electors of each ward of said city in proper books, showing the particular and exact residence of each elector in said city, and the same rules and requirements shall be observed in such registration, in all respects, as are required by law for the registration of qualified electors in cities, and a like registra

Residence of elector, how determined.

tration to be made.

re-registra tion.

tion shall be made every four years thereafter. When any such In case of re-registration shall be completed, the former registry of electors in such wards shall henceforth be deemed invalid, and shall not be used at the ensuing elections; and no person shall vote at any public election in said city after such re-registration, whose name shall not be registered anew, as provided by this section, or be afterwards properly entered on such new register, according to the provisions of law for the registration of electors. The notice of the meeting or session of the board of Notice of registration at which any re-registration is to be made, in addi- board of

meeting of tion to all other matters required by law to be therein stated,

registration. shall set forth that a re-registry is to be made, and that no elector whose name shall not be registered in such new register will be permitted to vote at the ensuing election. Until said registration is made in the year nineteen hundred eight the present registry of electors in said city, as corrected and completed according to law, shall be deemed valid and shall be used at all intervening elections.




Sec. 10. The mayor and aldermen, when assembled and or- How constiganized, shall constitute the common council of Bay City; and a majority of all the aldermen elect shall be necessary to constitute a quorum for the transaction of business, but a less number may adjourn from time to time.

Sec. 11. The council may hold its meetings at such times Meetings, and in such place as it may determine, but the mayor, or in case where held. of his absence or inability to act, the acting mayor, may call a meeting thereof. The mayor shall, or in his absence, the acting

. mayor shall, on the request in writing of six aldermen, call a special meeting of the common council at the time to be mentioned in said request, which shall not be less than twenty-four hours from the hour of its presentation to the mayor or acting mayor. A notice of such special meeting shall be given by the mayor or acting mayor, by serving a copy of such request and the notice of the time and place of such meeting on each and all of the aldermen elect, by causing a copy of such request and notice to be delivered by a police officer to each alderman personally, at least twelve hours before the time stated therein for such meeting. The notice of such meeting shall be signed by the mayor, or in case of his absence from the city or inability to act, by the acting mayor: Provided, however, That if any Proviso. alderman cannot be found after diligent search by such police officer, a copy of such request and notice shall be deemed to have been sufficiently served, if delivered at the last place of residence of such alderman at least six hours prior to such special meeting: Provided, further, That such substituted ser. Further provice shall not be valid unless an affidavit shall be made by such police officer and filed with the recorder, setting forth the facts herein required to make such substituted service valid.


Election of president.


When alderman deemed to have vacated office.

Sec. 12. At the first regular meeting of the council in each year after the annual election, the council shall elect one of its members president of the council, who, in the absence of the mayor, shall preside over the sessions thereof, and exercise the powers and duties of president of the council, and shall have a

vote upon all questions. May compel Sec. 13. The council shall have power to send for and

compel the attendance of any of its members, or any officer of the city; and to impose, levy and collect such fines as it may deem proper, not exceeding five dollars, for non-attendance at any meeting by any of its members or by any officer of the city.

Sec. 14. Whenever any alderman shall remain absent from the sessions of the council for a period of four successive weeks, he shall be deemed to have vacated his office, unless unavoidably absent on account of sickness or for any other reason which the council in its discretion, may deem a good and sufficient excuse for his absence. In case of death, absence from the meetings of the council for four successive weeks without cause thereafter deemed by the council to be good and sufficient, and in case of resignation, removal from office, neglect to qualify, removal from the city or ward for which he was elected, or permanent disability to perform the duties of the office to which he was elected, of any person holding an elective office, except judicial officers. the council shall appoint some person, eligible under the charter, to serve in such office until the next annual charter election, and until his successor is elected and qualified. At such annual charter election the vacancy shall be filled for the residue of the unexpired term.

SEC. 15. All meetings of the council shall be public, and it shall cause to be kept a printed record of its proceedings, which shall be signed by the mayor and recorder, which, with all other records of said city, shall be open to public inspection at all reasonable times. Sec. 16. No alderman shall be personally interested in any

. contract for any public improvement in said city, nor in the sale or furnishing of any labor, material, merchandise or supplies to said city or any board or official thereof. No alder

man shall vote upon any question in which he has a direct perPenalty. sonal interest. Any alderman violating any of the provisions

of this section shall be guilty of a misdemeanor and may be proceeded against in the same manner as public officers generally, for like offenses under the general laws of this State, now or hereafter in force, and applicable therto; and every alderman of said city shall be deemed an officer within the meaning and provisions of such general law of this State.

Sec. 17. The common council shall be the judge of the election and qualifications of its own members, and of all ward and city officers, as herein provided, and shall have the power to determine contested elections, and to determine the rules of its proceedings and pass all by-laws and rules necessary and con

venient for the transaction of business, not inconsistent with May make by- the provisions of this act. The council shall also have the

power, by a majority vote of all the aldermen elect, to repeal,

Records to be kept.

Aldermen not to be interested in contracts.

Powers relative to elections.


certain of

lie vote.

amend, change or modify any and all existing rules thereof, and to enact and pass other rules and by-laws, and to repeal, amend, change and modify the same.

Sec. 18. The council shall have power to appoint a city at. May appoint torney, a street commissioner, a city engineer, and such other ficers. officers whose election is not especially provided for in this charter, as it may deem necessary to carry into effect the powers in said charter contained: Provided, That in case of Proviso as to a tie vote by the council on a vote of all the aldermen elect in any of such appointments, the mayor shall have a right to vote. Any person appointed to any office or position, whether upon the nomination of the mayor or otherwise, may be removed therefrom by the council upon a vote of two-thirds of all the members elect voting therefor. Any person holding office by May remove election except the mayor, recorder police justice and justices ficers. of the peace, may be removed therefrom by the council for corrupt or wilful malfeasance or misfeasance in office or for wilful neglect of the duties of his office, or for any violation of any of the ordinances of the council by a two-thirds vote of all the aldermen elect. It shall be deemed sufficient cause for removal or dismissal in the manner aforesaid, from his office or position of any elected or appointed officer, agent or employee, when he shall refuse and neglect to pay or secure the payment of any just debt or obligation, contracted during his term of office or employment, when the city shall be more then twice ma''e a garnishee defendant to obtain payment therefor by the creditor thereof. In every case the reason for removal shall be entered in the records of the council, with the names and the votes of the members voting on the question. No officer or appointee of officers to be the council shall be removed by the council, unless first fur- with copy of nished with a copy of the charges and accusations preferred charges. against him in writing, and allowed to be heard in his defense with the aid of counsel, if the accused shall so, desire. The council shall have power to issue subpoenas, under the hand of the mayor, or its chairman, to compel the attendance of witnesses and the production of papers, and shall proceed within twenty days after the service of a copy of the charges to hear and determine the same. If such officer shall neglect to appear and answer such charges, his default shall be deemed good cause for removal. Sec. 19. Every person appointed by the council shall take appointees to

take oath and and subscribe the constitutional oath of office, and file the same ile bond. with the recorder within ten days after such appointment. Every person so appointed shall execute an official bond or undertaking in the manner and within the time which may be prescribed by the council.

SEC. 20. Resignations of all officers, and of its members, Resignations, and members of all boards, shall be made in writing to the council and shall be subject to its approval and acceptance.

SEC. 21. The council may at any time require any officer, May requtre whether elected or appointed, except judicial officers, to execute and file with the recorder of the city, new official bonds in the same or in such further sums, and with new and such further


how made.

new bonds.

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