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Sec. 10. The city attorney shall be the legal adviser of the Idem. council and of all officers and boards of the city, and shall act as the attorney and solicitor for the corporation in all legal proceedings in which the corporation is interested, and shall prosecute for offenses against the ordinances of said city. He shall be a member of the board of review and shall have a vote upon all questions arising before said board.
SEC. 11. The assessor of said city shall have the same idem. powers and authority and shall perform the same duties as are granted to and imposed upon the supervisors of townships in this State, with reference to assessment of property and levying of taxes and not inconsistent with the provisions of this act. He shall have an office at the city hall. He shall be a member of the board of review and shall have a vote upon all questions arising before said board, and shall be a member of the board of supervisors for the county of Muskegon, and shall exercise the same privileges and perform the same duties as any other member of said board. He and the recorder and one of the aldermen of said city, to be designated by the council, shall constitute a board of assessors, and shall make all special assessments in said city, unless the council shall otherwise direct. The assessor and recorder of said city shall perform, within said city, such duties in the making of lists of persons to serve as petit jurors and grand jurors for each year as are now required by law of supervisors and clerks of townships, and supervisors and aldermen of wards of cities.
JUSTICES OF THE PEACE.
SEC. 12. The justices of the peace of said city shall have Idem. and exercise therein the same jurisdiction and powers in all civil and criminal matters, causes, suits and proceedings, and shall perform the same duties as are or may be conferred upon or required of justices of the peace by the general laws of this State, except as herein otherwise provided. The justices of the peace of said city shall be the police justices. Each of said justices shall have jurisdiction to hear, try and determine prosecutions for the violation of the ordinances of said city, and for the recovery of any fines, penalties or forfeitures thereunder. Each of said justices shall pay into the city treasury on the first Monday of each month, all fines, penalties or forfeitures collected by him for offenses arising from violations of this act or for violations of the ordinances of said city, and make monthly report thereof to the council; and all other fees, penalties and forfeitures collected by said justices of the peace shall be disposed of in accordance with the laws of this state. Any justice of the peace may be suspended or removed from his office by the circuit court for the county of
Muskegon for neglect or refusal to pay over any fines, moneys, penalties or forfeits collected by him, or for any official misconduct, on charges specially preferred by the council, a copy of which charges shall be served upon said justice in such manner as the circuit court shall direct, and opportunity shall be given such justice to be heard in his defense.
SUPERINTENDENT OF WATER DEPARTMENT.
SEC. 13. The superintendent of the water department shall also be street commissioner and also chief of the fire department. He shall have full charge of the running and operating of the water department of said city under such rules and regulations as shall be prescribed by the council, and shall have full charge and control of the fire department and fire apparatus under suci rules and regulations and such ordinances as may from time to time be prescribed by the council, and shall perform such other duties as shall be required of. him by the council. As street commissioner, he shall have all the powers and authority and perform the duties prescribed for highway commissioners under township laws of this State, excepting as herein otherwise provided. Except as otherwise ordered by the council, he shall have the personal supervision of the construction and repair of all grading, paving, improving, cleaning and care of streets, alleys and public grounds, the construction and repair of sidewalks, the cleaning and deepening of ditches, drains and gutters, and shall oversee and do whatever may be required of him, in relation thereto, by the council.
COMPENSATION OF OFFICERS.
SEC. 14. The officers of said city shall be entitled to receive
out of the city treasury the following sums which shall be Mayor and full compensation for all services performed by them: The aldermen.
mayor and each of the aldermen shall be entitled to receive an annual salary of one dollar. The recorder shall receive such sum as the council may allow, not exceeding four hundred dollars per annum. The city treasurer shall receive such sum as the council may allow, not exceeding five hundred dollars per annum. The city assessor shall receive such sum as the council may allow, not exceeding three hundred dollars per annum. The city attorney shall receive such sum as the council may allow, not exceeding two hundred dollars per annum: Provided, however, the council may, by a two-thirds vote of all the aldermen elect, employ such assistants for the city attorney as by said vote of the council may be deemed
from time to time necessary. The chief of police shall receive police.
such sum as the council may allow, not exceeding seven hunSuperintend- dred dollars per annum. The superintendent of the water dedepartment. partment shall receive such sum as the council shall allow, Proviso. not exceeding three hundred dollars per annum: Provided,
however, that if the same person shall be chief of police and superintendent of the water department, he shall receive such
ent of water
sum as the council shall allow, not exceeding seven hundred dollars per annum.
The salary of any officer of said city shall not be decreased Salaries not during the term of office for which he was appointed or during term of elected, nor shall the salary of any officer be increased during his term of office except by a tw -thirds vote of all the aldermen elect, and then not to exca.zd the amounts in this charter named. In case, however, any salary shall be so increased, such increase shall apply pro rata to the unexpired portion only of the term of office affected.
In all cases where officers of the city receive a fixed salary When to pay as compensation for their services, all fees paid to them by virtue of their office shall be accounted for by them and paid into the city treasury to the credit of the contingent fund.
fees to city.
president pro tem.
POWERS AND DUTIES OF THE COUNCIL. SECTION 1. The mayor and aldermen of said city shall con- Who to stitute the council. The mayor shall be president of the council, and preside at its meetings. He shall have the right to vote upon the confirmation of his own appointments, but shall have no other vote therein, except in case of a tie, when he shall have the casting vote.
SEC. 2. At the first regular meeting in May in each year To appoint the council shall appoint one of its number president pro tempore, who, in the absence of the mayor, shall preside at the meetings thereof, and exercise the powers and duties of mayor. He shall have a vote upon all questions, but shall Powers and have no power to make nominations to fill any office, except as provided in section four of title six of this act. In the absence of the mayor and the president pro tem., the council shall appoint one of its number to preside; and for the time being he shall exercise the powers and perform the duties of the president pro tem.
SEC. 3. The recorder shall be clerk of the council, but shall who to be have no vote therein. In the absence of the recorder the council shall appoint one of its number to perform the duties of the office for the time being.
SEC. 4. Each alderman shall be entitled to a vote in all the Aldermen proceedings of the council, and shall be required to attend all entitled to its meetings and to serve on committees.
SEC, 5. The council shall be judge of the election, returns Meetings, and qualifications of its own members. It shall hold regular stated meetings for the transaction of business at such times and places within the city as it shall prescribe. The mayor or any three members of the council may appoint special meetings thereof, notice of which in writing shall be given to each alderman, or be left at his place of residence at least two hours before the meeting.
Sessions to be public.
Appropriation of money by.
Effect of mayor's veto.
SEC, 6. The sessions of the council shall be public, except when the public interest shall, in the opinion of the council, require secrecy. A majority of the aldermen elect shall make a quorum for the transaction of business; a less number may adjourn from time to time, and may compel the attendance of absent members in such manner as shall be prescribed by rule or ordinance. No vote, motion or resolution, except motions to adjourn or to refer to committees, shall pass, unless by a concurring vote of a majority of all the aldermen elect; nor shall any vote of the council be reconsidered or rescinded at a special meeting unless there be present as many aldermen as were present when such vote was taken. No money shall be appropriated, salary or compensation fixed, except by ordinance or resolution of the council, nor shall any resolution authorizing the expenditure of money be passed or adopted except by a vote of a majority of all the aldermen elect. No vote, motion or resolution passed by the council, shall have any force or effect if, within forty-eight hours after its passage, the mayor or other officer legally discharging the duties of mayor shall lodge in the office of the recorder his reasons in writing why the same should not go into effect, and the same shall not go into effect, or have any legal operation, unless it shall, at a subsequent meeting of the council, be passed by a vote of at least five aldermen elect, and if so repassed shall go into effect according to the terms thereof. The power of the mayor to veto any vote, motion or resolution, passed by said council, as in this section provided, shall not only apply to the vetoing of the entire of any such ordinance, vote, motion or resolution, but shall in like manner apply to any separable or distinct part thereof.
SEC. 7. The council shall prescribe the rules of its own proceedings, and keep a record or journal thereof. All votes, except upon motions to adjourn and to refer any matter or petition to a committee, 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 voting in the negative.
SEC. 8. 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 or rule be prescribed; and may by ordinance or rule prescribe punishment for any misbehavior, contemptuous or disorderly conduct, by any member or person present at any session of the council.
SEC. 9. The city attorney, chief of police, assessor, treas. urer and superintendent of water department, shall have seats in the council, and may take part in all the proceedings relating to their respective departments, but without the right to vote.
Sec. 10. The council shall have control of the finances and of all the property, real and personal of the city corporation, except as may be otherwise provided by law.
To keep record.
May compel attendance.
Certain offcers to have seats.
To have control of finances.
Sec. 11. Whenever by this act or by any other provision of May enact law, any power or authority is vested in or duty imposed upon ances. the corporation or council, the council may enact such appropriate ordinances as may be necessary for the execution and exercise of such power and authority, and to regulate the performance of such duties.
SEC. 12. The council may provide by ordinance or resolu- Committees. tion for the appointment of its standing committees, who shall perform such duties, investigate, have charge of and report upon such matters as may be referred to them. Such committees shall be appointed by the mayor.
Sec. 13. No member of the council or alderman shall re- Compensaceive any compensation for his services either as councilman, alderman or otherwise, except as herein provided.
SEC. 14. No member of the council, during the term for Not to hold which he is elected, shall be appointed to or be competent to hold any office, the emoluments of which are paid out of the city treasury, or paid in compliance with any resolution or ordinance of the council; or be directly or indirectly interested in the sale to or purchase from the city of any property, or to be directly or indirectly interested in any contract as principal, surety or otherwise, the expense or consideration whereof is paid under any ordinance or resolution of the council; and no other officer of said city shall be interested, directly or indirectly, in the purchase or sale of such property or in such contract. Any person who shall violate any of the Penalty. provisions of this section shall, on conviction thereof, be punished by imprisonment in the State prison not longer than one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment in the discretion of the court.
SEC. 15. The council may remove any officer, elected or ap- May remove pointed, by a concurring vote of five of the aldermen elect. No removal of such officer shall be made, unless a charge in writing is preferred, and an opportunity given to make a defense thereto. The council shall make provision by rule or ordinance for preferring charges and trying the same.
SEC. 16. To enable the council to investigate charges May request against any officer, or such other matters as it may deem subpoenas. proper to investigate, the mayor or any justice of the peace of the city is empowered, at the request of the council or a committee thereof having the matter in charge, to issue subpoenas or process by attachemnt, to compel the attendance of persons, and the production of books and papers before the council or any committee thereof.
SEC. 17. Whenever the council or any committee thereof when may adis authorized to compel the attendance of witnesses for the oaths. investigation of matters which may come before them, the presiding officer of the council or chairman of such committee for the time being, shall have power to administer the necessary oaths, and such council or committee shall have the same power to compel witnessess to testify as is conferred on justices of the peace.