« AnteriorContinuar »
Sec. 2. The freemen of said city, from time to time, being Constituted inhabitants thereof, shall be and continue a body corporate rate.
body corpo and politic, to be known and distinguished by the name and style of "The City of Muskegon Heights," and shall be and are hereby made capable of suing and being sued, of plead. ing and being impleaded, of answering and being answered unto, and of defending and being defended, in all courts of law and equity, and in all other places whatsoever, and shall have a common seal which they may alter or change at pleasure, and by the same name shall be and are hereby made capable of purchasing and holding, and disposing of, any real and personal estate for said city. All process issued against said city shall run against said city in the corporate name thereof, and such process shall be served by leaving an attested copy of the same with the mayor or recorder.
Sec. 3. The city shall be divided into three wards, as fol. Divided into lows:
The first ward shall embrace all that portion of the city First. lying west of the center line of Sixth street and Woodlawn avenue;
The second ward shall embrace all that portion of the city Second. lying between the center line of Sixth street and Woodlawn avenue and the center line of Peck boulevard;
The third ward shall embrace all that portion of the city Third. lying east of the center line of Peck boulevard.
REGISTRATION, ELECTORS AND ELECTIONS. SECTION 1. The inhabitants of the city of Muskegon Qua'ifications Heights, having the qualifications of electors under the con. or electors. stitution of the State of Michigan, and no others, shall be electors therein.
SEC. 2. Every elector shall vote in the ward where he Where to shall have resided during the twenty days next preceding the vote. day of election. The residence of any elector not being a householder shall be deemed to be where he lodges.
Sec. 3. There shall be three competent electors of each Board of ward, not more than two of whom shall belong to the same
registration, political party, designated by the council, who shall constitute a board of registration for each of the wards respectively. In case any member of such board shall be absent or unable to attend any meeting of such board, the other mem. bers of said board shall choose a competent elector of said ward to act in his place, subject to the approval of the electors present, to be determined by a viva voce vote. Said board Meetings, shall meet on the Saturday next preceding each election at such place in the vote as may be determined by the council, and shall remain in session from nine o'clock in the forenoon until nine o'clock in the afternoon for the purpose of completing the list of qualified electors. All proceedings relating
to such registration shall be the same as those provided by
law for townships, so far as they are not inconsistent with New regis. the provisions of this act. There shall be a new registration
of the voters of the city of Muskegon Heights on the Saturday next preceding the first Monday in April in the year nineteen hundred three and on the Saturday next preceding the first Monday in April in the year nineteen hundred five and
each fourth year thereafter. City election, SEC. 4. A city election shall be held on the first Monday when held.
in April following the adoption of this charter, and on the first Monday in April of each year thereafter, at such places
in the several wards of the city as the council shall designate. Special
SEC. 5. Special elections may be held in and for the city election.
or in and for any ward thereof, at such times and place or places as the council shall by resolution designate, the purpose and object of which shall be fully set forth in said resolu
tion. Notice of Sec. 6. Whenever a special election is to be held, the counspecial elections. cil shall cause to be delivered to the inspectors of election in
each ward where the same is to be held, a notice signed by the recorder specifying the officer or officers to be chosen, and the question or proposition, if any, to be submitted to the electors, and the day and places at which such election is to be held; the manner of holding such election shall be the same
as at the annual city election. Recorder to SEC. 7. Xotice of the time and place of holding any elecelection.
tion, and of the officers to be elected, and the questions to be voted upon, shall be given by the recorder at least ten days before such election, by posting such notices in three public places in each ward in which the election is to be held. In case of a special election, the notice shall set forth the purpose and object of said election as fully as the same are re
quired to be set forth in the resolution calling such election. Counc lto pro- Sec. 8. The council shall provide and cause to be kept by vide ballot boxes.
the recorder, for use at all elections, suitable ballot boxes of
the kind required to be kept and used in townships. Time polls SEC. 9. On the day of elections held by virtue of this act, kept open.
the polls shall be open in each ward at the several places designated by the council at seven o'clock in the morning, and shall be kept open until five o'clock in the afternoon, at which hour they shall be closed. The inspectors shall cause proclamation to be made of the opening and closing of the
polls. Inspectors of Sec. 10. Three competent electors of each ward, to be election.
designated by the council, not more than two of whom shall belong to the same political party, shall be inspectors of election in each ward, and of the State, county and district election. And in case of the absence of one or more of such inspectors, the elector's present shall choose viva voce from their number, one or more competent persons who shall be an elector or electors of such ward, not being members of the
give notice of
same political party, to fill such vacancy or vacancies, to Oath of office. whom shall be administered the constitutional oath of office by either of said inspectors, or by any person authorized to administer oaths.
SEC. 11. The inspectors shall elect one of their number Clerks, etc., chairman of said board, and one of their number clerk of said of board. board, and they may appoint one other competent elector to act as clerk also of said board. Members and clerks of the board of registration, and the inspectors and clerks of election shall each receive such compensation for their services as the council shall allow: Provided, That members and Proviso. clerks of the board of registration shall not receive to exceed the sum of two dollars each for each registration, and that inspectors and clerks of election shall not receive to exceed the sum of three dollars each for each election.
SEC. 12. No person shall act as a member of the board of To take oath. registration, inspector of election, or clerk of either of said boards, until he shall have taken the constitutional oath of office.
SEC. 13. All registration and elections under this act shall Registration be conducted, controlled and governed by the general laws general laws. of the State, except as herein otherwise provided.
Sec. 14. Immediately after closing the polls, the inspec- Inspectors to tors of election shall, without adjournment or recess, publicly canvass the vote received by them and publicly declare the result and shall at once, without adjournment or recess, make one certificate of the number of votes given for each person for the several offices in and for said city, and also one certificate for the number of votes cast for the several ward officers, together with a statement and certificate, in duplicate, setting forth the whole number of votes cast for any other office, or on any other question voted upon at such election, which certificates and statements shall be immediately filed in the office of the recorder of the city, together with the poll lists and the register of electors, and the boxes containing said ballots: Provided however, That a duplicate of the state. Proviso. ments and certificates last above mentioned shall at the same time be filed in the office of the county clerk of said county. SEC. 15. The manner of canvassing said votes shall be Manner of
canvassing the same as prescribed by law for canvassing votes at the general elections held in this State, and the inspectors shall in all other respects, except as herein otherwise provided, conform to the duties required of inspectors of election at such general elections.
SEÇ. 16. The council shall convene on Thursday next suc- Council to de ceeding such election, at the usual hour and place of meeting, of election. and proceed and canvass said returns, and from the statements and certificates so filed with the recorder, shall determine the result of the election upon each question and propo. sition voted upon, and what persons were duly elected at said election to the several offices respectively within and for said
Certificates of city, and the wards thereof. Thereupon the recorder shall
make duplicate certificates under the corporate seal of the city, of such determination, showing the result of the election upon any question or proposition voted upon and what persons were declared elected to the several offices respectively, one of which certificates he shall file in the office of the county clerk of the county of Muskegon, and the other shall be filed in the office of the city recorder.
Sec. 17. The person receiving the greatest number of elected.
votes for any office in the city or ward as shown by said state
ments and certificates, shall be deemed to have been duly In case of tie. elected; and if there shall be no choice for any office by rea
son of two or more candidates having received an equal number of votes, the council shall, at the meeting mentioned in the preceding section, determine by lot between such persons, which shall be considered elected to such office.
SEC. 18. It shall be the duty of the recorder within five notify person elected.
days after the meeting and determination of the council, as provided above, to notify each person elected, in writing, of his election, and each of said officers so elected and notified shall, within ten days after such notice, take and subscribe the constitutional oath of office and deliver the same to the said recorder who shall file the same in his office.
SEC. 19. If any election of officers provided for by this old special
act shall not be held on the day herein provided for, the said corporation shall not for that cause be dissolved, but it shall be lawful to hold such election at a time thereafter to be designated by the council, public notice thereof being given in the same manner as required by this act for special elections, and the incumbents of the several offices at the time when such election should have been held, shall continue to hold their respective offices until their successors are so elected and qualified.
SECTION 1. The officers of said city shall be one mayor, one recorder, one treasurer, one assessor and two justices of the peace, who shall be designated city officers and shall be elected by the qualified voters of the whole city, also two aldermen in each ward, who shall be designated ward officers, and shall be elected by the qualified voters of the re
spective wards. Said officers shall be elected as follows, Termof omice. namely: The mayor, treasurer and assessor, shall be elected
annually and shall hold their office for one year and until their successors shall be elected and qualified. The recorder shall be elected biennially and shall hold his office for two years and until his successor shall be elected and qualified. At the spring election in the year nineteen hundred three, there shall be elected two justices of the peace, one of whom shall hold his office for two years, and until his successór
shall be elected and qualified, and one of whom shall hold his office for four years and until his successor shall be elected and qualified. At the spring election in the year nineteen hundred five, and every two years thereafter, and at no other time except to fill vacancy, there shall be elected one justice of the peace who shall hold his office for the term of four years and until his successor shall be elected and qualified. At the spring election in the year nineteen hundred three, there shall be elected two aldermen in each ward of said city, one of whom shall hold his office for the term of one year and until his successor shall be elected and qualified, and one of whom shall hold his office for the term of two years and until his successor shall be elected and qualified. At the spring election in the year nineteen hundred four, and each year thereafter, there shall be elected in each of the wards of said city one alderman who shall hoid his office for the term of two years and until his successor shall be elected and qualified.
The following officers shall be appointed by the Appointive council on the nomination of the mayor, as provided in section twenty-three of title seven of this act, viz.: One city attorney, three members of the board of review, one chief of police, who shall also be overseer of the poor and possess all of the powers of overseers of the poor in townships under the laws of this State, and one superintendent of the water department, who shall also be chief of the fire department and street commissioner. The same person may be appointed to the office of chief of police and superintendent of water department. The council may also, from time to time, provide by ordinance for the appointment of such other officers for. such term as may be provided in the ordinance, whose election or appointment is not herein specially provided for, as the council shall deem necessary for the execution of the powers granted by this act; the officers last aforesaid shall be appointed and may be suspended and removed as provided in section twenty-three of title seven of this act. The powers, duties, and compensation of all officers appointed under such ordinance not otherwise provided for in this act, shall be prescribed by such ordinance.
SEC. 3. The term of office of all officers nominated by the Term of office. mayor and confirmed by the council, except officers appointed to fill vacancies, shall be for the period of one year, from the first day of May of the year in which such appointment is made, unless a different term of office shall be provided in this act or in the ordinance creating the office. Officers appointed to fill vacancies in any office shall hold said office for the balance of the unexpired term only.
SEC. 4. In all cases, not herein otherwise provided, officers When term to shall respectively enter upon the duties of their office, on the begin, etc. fifteenth day of April next after their election, and upon taking the oath of office, and giving the security, if any, required for the performance of their duties.