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any lateral sewer or private drain therewith, or make any use thereof, without first obtaining a license and paying therefor such sum or sums as said council shall by ordinance prescribe; and said council shall prescribe a fee to be paid before such license shall issue. The moneys derived from the Moneys de

rived from, licenses so issued shall be placed to the credit of said Park how used. avenue sewer fund and shall be used towards payment of the principal and interest on said bonds. Said Bay City shall be in no wise liable to any person for damages resulting from the operation, defect or insufficiency of said sewer or drain or from the negligence or act on the part of any of its officers, agents or employes in its exercise of the powers hereby conferred.

CHAPTER IV.

EXECUTIVE OFFICERS- -THE MAYOR.

executive of.

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Sec. 44. The mayor of the city, chosen and qualified as To be chief hereinbefore provided, shall be the chief executive officer of icer. Bay City, and conservator of its peace. He shall be ex officio To be ex a member of the board of supervisors of Bay county, shall of board of attend all meetings thereof and be entitled to vote upon all supervisors. matters that may be brought before said board, and shall receive the same compensation therefor, to be audited by said board and paid by the county, as is authorized by law to be paid township supervisors; he shall also be ex officio a member and the chairman of all boards created under and by virtue [of] the provisions of this act, excepting the board of education, the board of assessors, and as herein otherwise provided.

Sec. 45. It shall be the duty of the mayor to be at all To cause en. times vigilant and active in causing the laws for the govern- laws. ment of the city to be duly executed and put in force to observe the conduct of all subordinate officers in the government thereof, whether appointed by the council or any board or commission of Bay City, and so far as may be in his power, to cause all negligence, carelessness and positive violation of duty to be duly prosecuted and punished.

SEC. 46. The mayor may, at any time, call together the Duties as exheads of all departments, or any other city officers, whether ficer. elected or appointed, for consultation and advice upon the affairs of the city; and at such meetings, and at all times, they shall furnish such information as to matters under their control as the mayor may request. It shall be the duty of the mayor to secure the honest, economical and efficient conduct of the entire executive and administrative business of the city, and the harmonious action of the different departments, the executive powers of the city being hereby vested in the mayor, except as in this act otherwise provided, to be exercised through the several officers and boards of the city, in their respective departments, who shall at all times be account. able to the mayor for the proper discharge of their duties.

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Sec. 47. The mayor shall have power, whenever in his judg. ment the good of the city may require it, to summon meetings of the council and to report to them any violation of the laws, and communicate to them such information, and recommend such measures as may tend to the improvement and better government of the city, or such measures as he may

deem necessary or expedient. May assume SEC. 48. The mayor shall have power at any time in any police.

emergency, of which he alone shall be the judge, to assume command of the whole or any part of the police force of

Bay City. May remove Sec. 49. The mayor may suspend or remove any member

of any board or commission, or any appointed officer or agent of the city, for good and sufficient cause, which must be assigned in his order of suspension or removal: Provided, however, That he shall communicate such order of suspension or removal, together with his charges against the person suspended or removed, to the common council within two weeks from the date of said order; and thereupon the person so suspended or removed shall be furnished with a copy of the said order and of the charges against him, allowed to be heard in his defense with the aid of counsel, and if said charges are found to be true, and are sustained by two-thirds vote of all the aldermen elect, then said order of suspension or removal shall stand and remain in full force, bu not other

wise. May adminis

Sec. 50. The mayor shall, by virtue of his office, be authorized to administer oaths and aftirmations, and shall affix to all official certificates and conveyances the seal of the city. He shall sign all licenses or permits issued or granted by

the council which shall be attested by the recorder. To preside Sec. 51. The mayor shall preside at all meetings of the

council, but in case of absence, inability, neglect or refusal to perform the duties of presiding officer, the acting mayor shall preside and act in his stead; and in case of the absence, inability, neglect or refusal of both mayor and acting mayor to so act and perform such duties, the council shall have

power to appoint a president pro tempore, who shall preside Who to act in at such meetings. In case of the death, inability, continued absence of.

absence or resignation of the mayor, or in case of his neglect, refusal or inability to perform the duties of his office, the same shall devolve upon the president of the council; and if there be no such president of the council, then the said duties shall devolve upon the president pro tempore of the council until such disability ceases, or until the vacancy is filled as provided by this act.

The person upon whom such duties shall devolve shall be styled "acting mayor.” Veto powers

Sec. 52. If the mayor, or acting mayor, shall file with the of.

recorder his objections in writing to any ordinance, resolution or order of the council within three days after the passage of the same, setting forth his reasons for disapproving of the same; then such ordinance, resolution or order of the council shall not become operative or take effect, unless again

ter oaths, etc.

over council.

passed or adopted by a vote of two-thirds of all the aldermen elect. The recorder shall, at the first meeting of the council after such objections of the mayor or acting mayor shall have been filed with him, communicate and deliver the same into the custody and control of the council.

COMPTROLLER.

annual state

SEC. 53. The comptroller shall, at the end of the fiscal To make year ending March first, in each year, make out a detailed ment. statement of all the receipts and expenditures of the corporation for the past year, which statements shall state particularly upon what accounts all moneys were received, and shall specify all appropriations made by the council during the year, and the particular purpose for which each appropriation was made. Such statement shall be signed by the mayor and recorder, and shall be filed in the office of the recorder. The comptroller shall cause to be published at least two hundred copies of a summarized statement under general heads of his annual report, together with such other annual reports as the council may order.

Sec. 54. It shall be the duty of the comptroller to keep To keep the financial accounts of the city, to countersign all bonds, sign orders, orders on the treasury, and all evidences of debts and trans- etc. fers of property which the council is authorized to make pledg. ing the faith of the city; to examine all accounts and demands against said city and certify to the council as to the correctness of the same, and when payment thereof shall be authorized by the council, to countersign and register the orders drawn therefor by the recorder upon the treasurer; he shall keep in proper books a record of all bonds issued by the city, with the number, amount and dates thereof, when issued, when payable, and of all coupons attached thereto.

Sec. 55. The comptroller shall in like manner keep an ac- To submit count of all funds, taxes, assessments, receipts and expenditures of the city, and at the end of the fiscal year in the council. month of March in each year, he shall make out and present to the council a full statement and balance sheet of the financial accounts of said city, as provided in this act, with such recommendations as may be proper to add thereto, and shall cause two hundred copies of a detailed statement of the same under the general heads, or as many more as the council may direct, to be printed in pamphlet form.

Sec. 56. The comptroller shall sign all contracts and agree. To sign conments on behalf of the city, except as herein otherwise pro- purchases, vided, subject to the orders of the council; and shall make all etc. purchases for the city or its officers, not otherwise herein provided for, whenever, and in the manner as shall be directed by the council; he shall be charged with the leasing, repairs, insurance and general supervision of the city property, not herein otherwise provided for, and for his information may require reports from all officers and persons having any city

annual balance sheet to ,

tracts,

etc., to treasurer.

Attach warrants to tax rolls.

property in charge or in his possession, and report the same

when required by the council. To have su- SEC, 57. The comptroller shall exercise a general super pervision of finances. vision over the financial concerns of the city and keep com

plete sets of books exhibiting the condition of the city in its various departments and funds, its resources and liabilities. with a proper classification thereof, and of each fund or ap

propriation for a distinct object or class of expenditures. To open SEC. 58. The comptroller shall open an account with the charge taxes, treasurer, in which he shall charge the treasurer with the whole

amount of taxes, special or general, levied in said city, and placed in his hands for collection, all sums received for licenses rents and other moneys which may be paid into the city treasury, and all bonds, coupons, notes, leases, mortgages, interest and bills receivable by said city of whatever nature. He shall charge to the treasurer all taxes which may be placed in his hands for collection, and he shall charge all other officers of the corporation with all funds, moneys or property placed or being in their possession, and shall require a settlement with such officers at least once a year and not oftener than once a month. He shall also give the treasurer and all such other officers credit for all moneys disbursed upon showing proper vouchers.

SEC. 59. The comptroller shall make out and attach warrants to all tax rolls of the city, and shall perform such other duties as are or may be prescribed by this act or by any gen. eral law of the State, or by ordinance of the council not in.

consistent herewith. May admin SEC. 60. The comptroller is authorized generally to admin Ister oaths.

ister oaths, affirmations, take affidavits, and to certify to copies

of all papers in his office. May appoint Sec. 61. The comptroller shall have power to appoint a deputy.

deputy comptroller and such other assistants as he may require. to be approved by the council, and make or revoke such appointments at his pleasure, which appointments and revoca. tion thereof shall be made in writing and filed in the office of the recorder. Such appointees, before entering upon the discharge of their duties, shall take the constitutional oath of office, and, if required by the council, shall give bonds to the

city for the faithful performance of their duties, and in such Deputy to act penalty as the council may require and approve. In case of in absence of the absence or inability of the comptroller to perform the duties

of his office the said deputy shall discharge the duties thereof. In case of the absence, inability or failure of said comptroller, his deputy or assistants, to perform or discharge the duties of said office, the common council shall appoint some suitable person to discharge said duties, for such time as may be necessary, who, during such time, shall have all the powers

and perform all the duties of the comptroller, or as much Compensa- thereof as the council shall require. The comptroller of said

city shall receive an annual salary of three thousand dollars, which amount shall be payment in full for all services required by this act, and by the council to be performed or rendered

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by said comptroller and his deputy and assistants or other persons discharging or performing the duties of said comptroller, except as in this act otherwise provided for services performed as a member of the board of supervisors of Bay county.

RECORDER.

ter oaths.

books.

SEC. 62. The recorder is authorized generally to administer May adminisoaths and affirmations and take affidavits.

SEC. 63. The recorder shall be clerk of the common coun- To be clerk cil, and shall give bond for the faithful performance of his of council. duties in such sum as the council may require; he shall keep the record of the proceedings of the common council. His salary Salary. shall be fifteen hundred dollars per year.

SEC. 64. The recorder shall open and keep books of account To keep and such other books of receipts and expenditures, in such form and manner as the council may direct.

Sec. 65. The recorder shall also perform for the city all To act as such duties as township clerks are required by law to per- clerk.

township form for the several townships in regard to filing and registering chattel mortgages and bills of sale, and for such services he shall receive the same fees and compensation as they are entitled to receive under the laws of this State.

Sec. 66. The recorder shall also keep a record of all ordi- To keep nances and of the time of their publication, which record prdinances. shall be signed by himself and the mayor, and the recorder shall perform such other duties as are prescribed by this act, or any ordinance or resolution of the common council not in conflict or inconsistent herewith.

SEC. 67. The recorder may, subject to the approval of the May appoint council, appoint a deputy who shall possess and exercise all deputy. the powers and authority of the recorder, and may perform all the duties thereof, subject to the control of such recorder and such deputy shall be paid for his services such sum as the council may determine. The recorder shall be responsible for all the acts and defaults of such deputy and may remove him at pleasure.

of

TREASURER.

tuxes.

SEC. 68. The treasurer of the city shall be, by virtue of his to collect office, the collector of all taxes and assessments, both general and special, levied and made therein; and for that purpose, To give bonds. within twenty days after his election, he shall give bonds to the city in such sum and with such surety or sureties as the council shall require and approve; he shall also give to the treasurer of the county of Bay such further security as the council shall require and approve; he shall also give to the treasurer of the county of Bay such further security as is or may hereafter be required by law of the several township treasurers of this State, for the purpose of the collection and return of all such taxes and of the return of property delin

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