« AnteriorContinuar »
sion, when held.
business though a less number may adjourn the council from time to time. The common council shall meet in regular ses- Regular session in the common council room on the second Monday of each month, and at such other times as it may by rule determine. It may be called together in special session by the special meetmayor or by the clerk on petition of not less than three alder-d ings, how men, but shall transact only such business at such special meeting, as shall be named in the call, which call shall be in writing and served by the chief of police or one of his subordinates personally on the aldermen, or by leaving the same at their residence not less than four hours before such meeting is to be held. The mayor shall be president of the council and preside at all meetings when present. At the first regular President meeting in May, or as soon thereafter as may be convenient, pro tem. the council shall choose one of their number president pro tem., who shall preside in the absence of the mayor, and for the time being shall exercise the powers and discharge the duties of the president. He shall always be entitled to vote. The clerk shall not in any case be entitled to a vote in the council. All meetings and sessions of the council shall be in public. No office shall be created or abolished, nor any special tax or Two-thirds vote required assessment be imposed, street, alley or public ground be va- for certain cated, real estate or any interest therein sold or disposed of, purposes. or private property taken for public use, unless by a concurring vote of two-thirds of all the members elect, nor shall any vote of the council be reconsidered at a special meeting unless there be present as many members as were present when such vote was taken. No money shall be expended except by ordinance or resolution of the council, nor shall any resolution be passed or adopted except by a vote of a majority of all the members elect, except as herein otherwise provided. The mayor shall not vote upon any question, but he may dis- Mayor not approve of any ordinance or resolution, provided he shall as soon as the next regular meeting, return the same to the council with his objections in writing, in which case the same shall not take effect unless the council on such return, shall by a vote of two-thirds of all the members elect again pass the same; and on such two-thirds vote, such ordinance or resolution shall have the same force and effect as though the same had not been disapproved by the mayor.
SEC. 2. The council shall be the judge of election re- Powers of turns and qualifications of its own members. It shall prescribe the rules of its own proceedings and keep a record or a journal thereof. All votes on appointments to office and measures incurring expense, and on the adoption of all ordinances shall be taken by yeas and nays and be so entered upon the journal as to show the names of those voting in the affirmative and those in the negative. Any one member of the council shall have the right to demand the yeas and nays on any question and all votes so given shall be entered at
Proceedings to large on the journal. Within one week after any meeting of be published. the council, all the proceedings and votes taken thereat, shall be published in the official paper of the city.
Powers as to members.
Officers to attend meetings of council.
Council to have control of property.
Auditing of claims.
red from holding office.
SEC. 3. The council may compel the attendance of its members and other officers of the city at its meetings in such manner, and may enforce such fines for non-attendance as may by ordinance be prescribed, and may by ordinance prescribe punishment for any misbehavior, contemptuous or disorderly conduct by any member, or any other person present at any session of the council.
SEC. 4. The city attorney and chief of police shall attend all meetings of the council, and the council may require the attendance of any other city official at any session thereof.
SEC. 5. The council shall have control of the finances and of all the property, real or personal, of the city, except as may be otherwise provided by law. It shall have no control over school funds. It may provide for the appointment of standing or select committees of its members who shall perform such duties, investigate, have charge of and report upon such matters as may be properly referred to them.
SEC. 6. The council shall by majority vote of a quorum present, audit and allow all accounts and claims chargeable against the city; but no account, claim or contract shall be received for audit or allowance unless it shall be accompanied with a certificate of an officer of the corporation, or an affidavit of the person rendering it, to the effect that he verily believes that the services therein charged have been actually performed, or the property delivered for the city, that the sums charged therefor are reasonable and just, and that to the best of his knowledge and belief no set off exists, nor payment has been made on account thereof except such as are endorsed upon or referred to in such account or claim, and every such account shall exhibit in detail all the items making up the amount claimed and the true date of each. It shall be a sufficient defense in any court to any action or proceeding for the collection of any demand or claim against the city, for personal injuries or otherwise, that it has never been presented to the council for allowance, or, if such claim is founded on contract, that the same was presented without the certificate or affidavit aforesaid and rejected for that reason, or that the action or proceeding was brought before the council had a reasonable time to investigate and pass upon it.
SEC. 7. No member of the common council shall, during the period for which he is elected, be appointed to or be competent to hold any office, the emoluments of which are to be paid by fees provided by any act or ordinance of the common council, or be bondsman or surety on any contract or bond given to said city; but this section shall not be construed to deprive any member of any emoluments or fees to which he may be entitled by virtue of his office. No member shall vote upon any measure pending before the council in which he shall have a direct pecuniary interest.
SEC. 8. It shall be lawful for the common council, subject May issue to the provisions of this act, to issue bonds for any sum of bonds, for money, not exceeding five per cent of the assessed valuation of the real and personal property in said city, as shown by the last preceding tax roll, to be used exclusively for the purpose of purchasing, constructing or extending water works, and to maintain and operate the same, and for the purpose of purchasing or constructing, maintaining and operating an electric light plant for supplying said city and the inhabitants thereof, or either, with water or electric lights.
bonds to be
SEC. 9. Whenever the common council shall by resolution To be submitdeclare that it is expedient for said city to issue bonds, to ac- ted to council. quire by purchase or to construct, as the case may be, works for the purpose of supplying said city and the inhabitants thereof, or either, with water, or with electric lights, the council shall direct the city engineer to cause to be made and recorded in the clerk's office an estimate of the expense thereof and submit the same to the common council. The Question of question of bonding said city for said purpose shall be sub- submitted mitted to the taxpaying electors of the city at its annual to taxpayers. election, or at a special election called for that purpose by the council, as provided in this act, and shall be determined as a majority of the taxpaying electors voting at such election by ballot shall decide. The council shall have power to fix the time and place of payment of the principal and interest of the debt contracted under the provisions of this act, but the rate of such interest shall not exceed five per cent per annum and such bonds shall not be sold for less than their par value.
SEC. 10. The common council in addition to the duties May pass specially conferred upon them in this act, shall have power for what within said city to enact, continue, establish, modify, annul purposes. and repeal such ordinances, by-laws and regulations as they may deem desirable within said city for the following purposes:
First. To prevent vice and immorality, to preserve public Good order, peace and good order, to organize, maintain and regulate a etc. police force of the city, to prevent and quell riots, disturbances and disorderly assemblies, to protect the property of the corporation, and of its inhabitants, and of any association, public or private corporation, or congregation therein, and to punish for injuries thereto, or for unlawful interference therewith;
Second. To prevent, restrain and suppress all disorderly Disorderly houses and places, houses of ill fame, assignation houses, and to punish the keepers thereof and dwellers therein and all who resort thereto for purposes of prostitution or to associate with prostitutes;
Third. To prohibit, restrain and prevent persons from Gaming. gaming for money or other valuable things with cards, dice, wheels of fortune, boxes, machines, or other instruments or
Explosives, bonfires, fireworks.
Immoderate riding or driving.
devices whatsoever in any saloon, bar-room, grocery store, shop or in any other places in said city, to punish the persons keeping the place, instruments, devices, or means for such gaming, and to provide for and compel the destruction of such instruments, machines, or other devices whatever, used or intended to be used for gaming as aforesaid;
Fourth. To prohibit the selling or giving of any spirituous, fermented, or intoxicating liquors to any drunkard or intemperate person, or any minor or apprentice;
Fifth. To prevent the violation of the Sabbath, the disturbance of any religious congregation, or any other meeting assembled for any lawful purpose;
Sixth. To prohibit and prevent in the streets or elsewhere in said city, any lewd and lascivious behavior, or any indecent exposure of the person, the show, sale or exhibition for sale of any indecent or obscene pictures, drawings, engravings, paintings, books or devices, or any written or printed or other thing containing obscene, scurrilous or scandalous matter, and all indecent or obscene exhibitions and shows of every kind;
Seventh. To prohibit or prevent any person from bringing, depositing or leaving within the limits of said city, or within one-half mile distant therefrom, or keeping or having on the premises owned or occupied by them in said city, any dead carcass, putrid or unsound meat, fish, hides, skins, or any article, substance or thing that is unwholesome or offensive; or the trying or rendering any unwholesome, putrid or offensive tallow, lard or meats in said city, and to authorize the removal or destruction thereof by some officer of said city; or to compel any person so bringing, depositing, or leaving the same within the limits of said city or within one-half mile therefrom, or having or keeping the same on the premises owned or occupied by them in said city, to remove the same; to compel the owner or occupant of any grocery, tallowchandler-shop, butcher's stall, soap factory, tannery, stable, privy, hog-pen, sewer or other offensive or unwholesome house or place, to cleanse, remove or abate the same from time to time as often as they may deem necessary for the health, comfort and convenience of the inhabitants of said city and to direct the location of all slaughter houses and markets;
Eighth. Concerning the buying, carrying, selling, storing and using of dynamite, gunpowder, or other combustible materials, and the exhibition of fireworks, the use of lights in barns, stables and other buildings, and to regulate or prohibit the discharge of firearms within the limits of the city, or the making of bonfires in streets or yards;
Ninth. To prevent and punish horse racing and immoderate riding or driving in any street or alley, and to authorize the stopping and detaining of any person who shall be guilty of immoderate riding or driving in any street or alley in said
Tenth. To provide for or compel cleaning the highways, Relative to streets, lanes, alleys, public grounds, crosswalks and side streets. walks of said city of dirt, filth, snow and other substances; to prohibit and prevent the encumbering thereof with boxes, signs, posts, and all other materials and things whatsoever, and to remove the same therefrom, and to prevent any encroachments upon any street, and to provide for the removal of such encroachments; to prevent the exhibition of signs upon canvass or otherwise in or upon any vehicle standing or traveling upon the streets or public grounds of said city; to control, prescribe and regulate the mode of constructing and suspending awnings, and the exhibition and suspension of signs and articles of merchandise therefrom; to prohibit and prevent all practices, amusements and doings having a tendency to frighten horses and teams, or dangerous to life, person or property; to remove or cause to be removed all walls and other structures that may be liable to fall so as to endanger life and property; to control, regulate and prescribe the manner in which the highways, streets, lanes, alleys, public grounds and spaces within said city shall be used and enjoyed; to regulate, restrict or prohibit the use of bicycles and tricycles upon any and all sidewalks in the city of Flint; to limit the speed at which bicycles, tricycles, or any other vehicle propelled by hand or foot, or both, may be used in the streets;
and street crossings.
Eleventh. The common council shall have power to pro- Railroad vide for and change the location and grade of street crossings of any railroad track and to compel any railroad company or street railway company to raise or lower their railroad track to conform to street grades which may be established by the city from time to time, and to construct street crossings in such manner and with such protection to persons crossing thereat as the council may require and to keep them in repair. Also to determine and designate the routes and grades of any Routes and railroad track to be laid in said city and to prevent the chang- grades of ing of any such grade at any street crossing without the consent of the council, and to restrain and regulate the use of locomotives, engines and cars and the shunting and switching thereof on or across any of the streets, lanes or alleys in said city upon any of the railroads within said city. Also to re- Flagman at quire and to compel railroad companies to keep flagmen and crossings. watchmen at all railroad crossings of streets and to give warning of the approach and passage of trains thereat, and to light such crossings during the night and to regulate and prescribe the speed of all locomotives, railroad trains and street railway cars within said city, but such speed shall not be required to be less than five miles per hour, and to impose a fine of not less than five nor more than one hundred dollars upon the company and upon any engineer or conductor violating any ordinance regulating the speed of trains;