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tion shall be made every four years thereafter. When any such In case of re-registration shall be completed, the former registry of elect- tion. ors 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 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.
THE COMMON COUNCIL, ORGANIZATION, POWERS AND DUTIES OF. 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 timę.
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.
May compel attendance.
When alderman deemed
to have vacated office.
Records to be kept.
to be interested in contracts.
Powers relative to elections.
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.
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 alderman shall vote upon any question in which he has a direct personal 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 elec tion 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 convenient 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,
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 than twice made 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.
take oath and
SEC. 19. Every person appointed by the council shall take Appointees to and subscribe the constitutional oath of office, and file the same file 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 require 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
Further powers of council.
sureties as said council may deem requisite for the interests of the corporation.
SEC. 22. The common council, in addition to the powers and duties specially conferred upon them in this act shall have the management and control of the finances, rights and interests, buildings, and all property, real and personal, belonging to the city, and may make such orders and by-laws relating May enact or to the same as it shall deem proper and necessary; and, further, it shall have power within said city to enact, make, continue, establish, modify, amend and repeal such ordinances, by-laws and regulations as it may deem desirable, within said city for the following purposes:
Relative to waters of
Licensing of ferries, bridges, etc.
Wharves, docks, etc.
Draining of swamps, etc.
Construction of buildings.
First, To provide for and preserve the purity and salubrity of the waters of the Saginaw river; to prohibit and prevent the deposit therein of any filthy and other matter, tending to render said water impure, unwholesome or offensive; to preserve and regulate the navigation of said river and other navigable waters within the city limits of said city; to prohibit and prevent the depositing or keeping therein of any structure, earth or substance tending to obstruct or impair the navigation thereof, and remove all obstructions that may at any time occur therein, and to direct and regulate the stationing, anchoring, moving, shifting and mooring of vessels. and laying out of cargoes and ballasts from the same, and appoint so many harbor masters as it may deem necessary, and to prescribe their powers, duties and compensation;
Second, To license, continue and regulate so many ferries and bridges, from within said city to the opposite shore of the Saginaw river, for carrying and transporting passengers and property across said river, in such manner as shall be deemed most conducive to the public good;
Third, To erect, repair and regulate public wharves and docks at the ends of streets, and on the property of the corporation; to regulate the erection and repair of private wharves and docks, so that they shall not extend into the Saginaw river beyond a certain line, to be established by the council, and to prohibit the encumbering of all public wharves and docks with boxes, carriages, carts, sleighs, sleds or other vehicles, dray or anything whatsoever; to lease the wharves and wharfing privileges, at the ends of streets, upon such terms and conditions, and under such covenants, and with such remedies, in case of non-performance, as the common council may direct; but no building shall be erected thereon; no lease thereof shall be executed for a longer period than two years, and a free passage at all times for all persons and their baggage shall be maintained;
Fourth, To provide for the draining of any swamp, marsh, wet or low lands in said city, or within the distance of three miles therefrom, by the opening of ditches;
Fifth, To prohibit and prevent the location or construction of any wooden or frame house, store. shop or other building on such streets, alleys and places. or within such limits of said city as the council may from time to time prescribe; to prohibit
and prevent the removal and change of location of wood or frame buildings within said limits, or from any part of said city to any lot or lots on such streets or places within said limits; to prevent the rebuilding or repairing of wooden, brick or other buildings on said streets, alleys or places, or within said limits, when decayed, out of repair, damaged by fire or otherwise. To prohibit and prevent within such places, limits or districts in said city, as the common council may from time to time prescribe, the location of shops, the prosecution of any trade or business, the keeping of lumber yards, the storing of lumber, slabs, staves, edgings, wood or other easily inflammable materials, when, in the opinion of the council, the danger from fire is thereby increased; to regulate the use of lights in buildings, and generally to pass and enforce such ordinances and regulations as it may deem necessary for the prevention and suppression of fires;
Sixth, To appoint one or more inspectors, measurers, Inspection of weighers and gaugers of articles to be measured, inspected, measures. weighed or gauged; to prescribe and regulate their powers and duties, fees and compensation;
Seventh, To provide for the protection and care of paupers, Paupers, etc. and to prohibit and prevent all persons from bringing, in vessels, or in other mode, to said city, from any other port or place, any pauper, or other person likely to become a charge upon said city, and to punish therefor;
Eighth, To lay out, establish, make, alter, and regulate Market places, market places and public parks and grounds, and regulate the parks, etc. measuring and selling of firewood, and the weighing and selling of hay and coal, and the selling of meats, vegetables, fish,
fruits and provisions of all kinds;
Ninth, To prevent vice and immorality, to preserve the public Public peace. peace and good order, and to prevent and quell riots, disturbances and disorderly assemblages and conduct;
Tenth, To restrain and prevent disorderly and gambling Disorderly houses and houses of ill fame, the holding, keeping or using of all instruments and devices used for gaming, and to prohibit all gaming and fraudulent devices;
Eleventh, To license and regulate the keeping of hotels, Hotels, sataverns and other public houses, groceries, and the keeping of loons, etc. ordinary saloons, victualing and other houses, and places for furnishing meals, food or drink; to restrain, license and regulate saloons, and to regulate and prescribe the location thereof;
to license and regulate the sale of manufactured tobacco and Sale of tocigars and to license and regulate or prohibit the sale of cigarettes;
Twelfth, To license electricians, steam. gas and water plumb- Plumbing. ers, and such professions, occupations and callings as the council may deem for the public good and protection, and to regulate and prescribe the manner of doing electrical work and plumbing;
Thirteenth, To apprehend and punish all drunkards, va- Drunkards, grants, mendicants, street beggars, prostitutes, fortune tellers and clairvoyants, disorderly persons, and persons soliciting