Except as otherwise specifically provided or indicated by the context:

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1 Page 1 of 120 CHARTER CHARTER CITY OF MOUNT CLEMENS, MICHIGAN eff. June 21, ARTICLE 1 GENERAL Sec. 1. DEFINITIONS. Except as otherwise specifically provided or indicated by the context: All words used in this Charter indicating the present tense shall not be limited to the time of the adoption of this Charter but shall extend to and include the time of the happening of any event or requirement for which provision is made herein. The singular number shall include the plural, the plural number shall include the singular and the masculine gender shall extend to and include the feminine gender and the neuter. The word "person" may extend and be applied to bodies politic and corporate and to partnerships as well as to individuals. The words "printed" and "printing" shall include reproductions by printing, engraving, stencil duplicating, lithographing or any similar method. Except in reference to signatures, the words "written" and "in writing" shall include printing and typewriting. The word "officer" shall include the mayor and other members of the Commission, the administrative officers, members of City Boards and Commissions created by or pursuant to this Charter, the Municipal Judge and the Court Clerk. The word "statute" shall denote the public acts of the State of Michigan in effect at the time the provision of the Charter containing the word "statute" is to be applied. All references to specific public acts of the State of Michigan shall be to such acts as are in effect at the time the reference to such act is to be applied. The words "law" or "general laws of the state" shall denote the constitution and the Public Acts of the State of Michigan in effect at the time the provision of the Charter containing the words "law" or "general laws of the state" is to be applied, and applicable common law. All references to section numbers shall refer to section numbers of this Charter.

2 Page 2 of Sec. 2. NAME AND BOUNDARIES. The name of this organized city is the "City of Mount Clemens". It is a body corporate and embraces the following described territory in the County of Macomb, together with such territory as may from time to time be attached thereto and less such territory as may from time to time be detached therefrom in accordance with law: Commencing at a point in the center of the Clinton River and the center line of Gratiot Avenue thence S west feet along the center line of Gratiot Avenue thence N west feet along the north line of the Detroit Creamery property thence N 8 30 east feet along the center of Mulberry Street thence north west 30 feet, said point being the northwest corner of Mulberry and Hampton Roads (unrecorded); thence extending northwesterly along the northerly side line of said Hampton Road (unrecorded) on a curve (R feet) concave to the northeast and whose long chord bears north west and is feet in length; thence north west 7.25 feet; thence along a curve (R feet) concave to the southwest and whose long chord bears north west and is feet in length to the northeast corner of Hampton and Emery Roads (unrecorded); thence along the easterly side of Emery Road north east feet; thence along a curve (R feet) concave to the southeast and whose long chord bears north east and is feet in length to the southeast corner of Emery and Sargent Roads (unrecorded); thence along the southerly side line of Sargent Road (unrecorded) along a curve (R feet) concave to the southwest and whose long chord bears south east and is feet in length; thence south east feet; thence along a curve (R feet) concave to the northeast and whose long chord bears south east and is feet in length to the southwest corner of Sargent and Mulberry Roads; thence north east feet along the west side of Mulberry street to the northerly side of Crest Street; thence S east 30 feet to the center line of Mulberry Street; thence N east along the center line of Mulberry Street to the center line of Wellington Cresent and continued in the same direction to the center line of Clinton River; thence up stream to the center line of Evans Road; thence north east along the center line of Evans Road to the center line of Evans Road to the center line of Cass Avenue; thence S east along center line of Cass Avenue to west line of assessors plat 10; thence

3 Page 3 of 120 north east along the west side of assessors plat number 10 and the westerly side of Roseview Park Subdivision to the northwest corner of Roseview Park Subdivision; thence easterly along the north side of Roseview Park Subdivision, 123 feet to the west side of assessors plat number 14; thence northerly along the west side of assessors plat number 14; to the northwest corner of the same; thence easterly along the north side of assessors plat number 14; feet to the center line of North Rose; thence north east feet along the center line of North Rose Street; thence N east feet along the center line of North Rose Street to Dunham Road; thence S east feet to the center line of Elizabeth Street; thence south along the center line of Elizabeth Street 400 feet; thence N west feet; thence south west feet and continued S west feet; thence S east feet along the north boundary of assessors plats and 16; thence south 8 31 west feet; thence south east 897 feet along the north side of assessors plat number 16 to the east side of the Grand Trunk right-of-way; thence north east along the east side of the Grand Trunk right-of-way to the northwest corner of assessors plat number 33; thence south east feet to the center line of North Avenue; thence north 8.00 west 10.0 feet along the center line of North Avenue; thence south west feet along the north side of the Sugar Company right-ofway which is the north side of assessors plat number 33 to the center line of Gratiot Avenue; thence southwesterly along the center line of Gratiot Avenue to the center line of John Street extended westerly; thence southeasterly along the center line of John Street extended and the center line of John Street to the east side of North Broadway; thence southerly and parallel with Colchester Street to the center line of Clara Street; thence easterly along the center line of Clara Street to the east side of Parrots addition; thence southerly along the east side of Parrots addition; thence southerly along the east side of Parrots addition feet; thence south east feet; thence south west feet to the center line of East Broadway; thence westerly along the center line of East Broadway 200 feet; thence southwesterly along the center line of Clinton River; thence down-stream along the center line of Clinton River to the easterly side of lot 7, assessors plat number 27 extended northerly; thence southwesterly along the east side of lot 7 assessors plat number 27 to the center line of Rathbone Street; thence northwesterly along the center line of Rathbone Street to the center line of Avery Street; thence southerly along the center line of Avery Street to the center line of Riverside Drive extended easterly; thence northwesterly along the center line of Riverside Drive, extended to the center line of Riverside Drive extended southerly; thence southerly along the center line of Riverside Drive to the southerly side of lot 1, assessors plat 26; thence westerly along the northerly line of lot number 1 to the northwest corner of lot

4 Page of 120 number 1, assessors plat 26; northwesterly along the west side of lot number 1 to the southeast corner of lot 91, Liverpool subdivision; thence southwesterly along the southerly line of lot 91 and 47 to the center line of the Clinton River; thence upstream along the center line of the Clinton River to the center line of Gratiot Avenue, which is the point of beginning Sec. 3. PUBLICATION, ETC.; REQUIREMENTS. The requirement contained in this Charter for the publishing or publication of notices or Ordinances shall be met by publishing an appropriate insertion in a newspaper published in the English language for the dissemination of news of a general character, which newspaper shall have had a general circulation at regular intervals in the city or village for at least two years immediately preceding the time that it is used for such publication purposes. The affidavit of the printer or publisher of such newspaper, or of his foreman or principal clerk, annexed to a printed copy of such notice, Ordinance or proceeding taken from the paper in which it was published and specifying the times of publication shall be prima facie evidence of such publication Sec. 4. NOTICE, MAILING; PRIMA FACIE EVIDENCE. In any case in which this Charter requires the mailing of notices, the affidavit of the officer or employee responsible for such mailing that such notice was mailed shall be prima facie evidence of such mailing Sec. 5. RECORDS; PUBLICATION INSPECTION. All records of the City shall be public, shall be kept in City offices except when required for official reasons or for the purposes of safekeeping to be elsewhere and shall be available for inspection at all reasonable times.

5 Page of 120 State Law reference It is mandatory that the Charter shall provide that all records shall be public, see C.L., 1948, sec (L); Mich. Stat. Anno., sec Sec. 6. BOARDS AND COMMISSIONS; QUORUM. Except as provided otherwise in this Charter, a quorum of any Board or Commission created by or pursuant to this Charter shall be a majority of the members of such Board or Commission in office at the time, but not less than two members Sec. 7. TRUSTS, MUNICIPAL PURPOSES; CY PRES DOCTRINE. All trusts established for any municipal purpose shall be used and continued in accordance with the terms of such trust, subject to the Cy Pres Doctrine. The commission may in its discretion receive and hold any property in trust for any municipal purpose and shall apply the same to the execution of such trust and for no other purposes except in cases where the Cy Pres Doctrine shall apply Sec. 8. SUNDAYS AND HOLIDAYS; ACTS REQUIRED; PERFORMANCE, TIME. Whenever the date fixed by this Charter or by Ordinance for the doing or completion of any act falls on Sunday or legal holiday, such act shall be done or completed on the next succeeding day which is not a Sunday or legal holiday Sec. 9. HEADINGS NOT PART OF CHARTER.

6 Page 6 of 120 The chapter, section and subsection headings used in this Charter are for convenience only and shall not be considered as part of the Charter Sec. 10. CHARTER AMENDMENTS; CONFLICT, DETERMINATION. This Charter may be amended at any time in the manner provided by statute. Should two or more amendments adopted at the same election have conflicting provisions, the one receiving the largest affirmative vote shall prevail as to those provisions ARTICLE 2 POWERS, RIGHTS AND LIABILITIES Sec. 11. CITY POWERS. In addition to the powers possessed by the City under the constitution and statutes, and those set forth throughout this Charter, the City shall have power with respect to, and may, by Ordinance and other lawful acts of its officers, provide for the following, subject to any specific limitations placed thereon by this Charter: The acquisition by purchase, gift, condemnation, lease, construction or in any manner permitted by statute, or private property of every type and nature for public use, which property may be located within or without the County of Macomb and which may be required for or incidental to the present or future exercise of the purposes, powers and duties of the City, either proprietary or otherwise; The maintenance, development, operation, leasing and disposal of City property subject to any restrictions placed thereon by statute or this Charter; The refunding of money advanced or paid on special assessments for water main extensions; The installation and connection of conduits for the service of municipally owned and operated electric lighting plants;

7 Page of The purchase or condemnation of the franchises and of the property used in the operation of companies or individuals engaged in the cemetery, hospital, almshouse, electric light, gas, water and power business; The establishment and vacation of streets, alleys, public ways and other public places, and the use, regulation, improvement and control of the surface of such streets, alleys, public ways and other public places and of the space above and beneath them, whether such be located within or without the limits of the City; The use, by others than the owner, of property located in streets, alleys and public places, in the operation of a public utility, upon the payment of a reasonable compensation to the owners thereof; A plan of streets and alleys within and for a distance of not more than three miles beyond the municipal limits; For Ordinance regulating streets, sidewalks and public places, see Code of Ordinances, , sec. 1, et seq. 7. The use, control and regulation of streams, waters and water courses within its boundaries, subject to any limitations imposed by statute; The acquiring, constructing, establishment, operation, extension and maintenance of facilities for the docking of water craft, hydroplanes and seaplanes, within its corporate limits, including the fixing and collection of charges for use thereof, and for such purpose or purposes, to acquire by gift, purchase, condemnation or otherwise, the land necessary therefor; 8. The securing by condemnation, by agreement or purchase, or by any other lawful means, of an easement in property abutting or adjacent to any navigable body of water for the purpose of securing the privilege and right to construct, own and maintain along or adjacent to any navigable body of water an elevated structure of one or more levels for use as a vehicular or pedestrian passageway, or for any other municipal purpose; 9.

8 Page of 120 The acquiring, establishment, operation, extension and maintenance of facilities for the storage and parking of vehicles within its corporate limits, including the fixing and collection of charges for services and use thereof on a public utility basis, and for such purpose to acquire by gift, purchase, condemnation or otherwise, the land necessary therefor; Regulating, restricting and limiting the number and location of oil and gasoline stations. Licensing, regulating, restricting and limiting the number and locations of advertising signs or displays and billboards within the City; The regulating of trades, occupations and amusements within the City, not inconsistent with state and federal laws, and for the prohibiting of such trades, occupations, and amusements as are detrimental to the health, morals or welfare of its inhabitants; The prescribing of the terms and conditions upon which licenses may be granted, suspended or revoked; requiring payment of reasonable sums for licenses; and requiring the furnishing of a bond to the City for the faithful observance of the conditions under which licenses are granted, and otherwise conditioning such licenses as the Commission may prescribe; For general licensing provisions and schedule of businesses requiring a license, see Code of Ordinances, , Sec The regulating of all airports located within its boundaries, and, for the purpose of promoting and preserving the public peace, safety and welfare, controlling and regulating the use of the air above the City by aircraft of all types; The preventing of injury or annoyance to the inhabitants of the City from anything which is dangerous, offensive, or unhealthful, and for preventing and abating nuisances and punishing those occasioning them or neglecting or refusing to abate, discontinue or remove the same; The requiring of an owner of real property within the City to abate public hazard and nuisances which are dangerous to the health or safety or inhabitants of the City within a reasonable time after the commission notifies him that such hazard or nuisance exists, and if the owner fails to comply with such requirements, or if the owner is unknown, to abate such hazard or nuisance and assess the cost thereof against such property in accordance with Section 153;

9 Page of 120 For ordinance regulations relative to nuisances and the abatement thereof, see Code of Ordinances, , Sec The prohibiting or regulating of the use, occupancy, sanitation and parking of house trailers within the City, and the right of the City to so regulate any house trailer shall not be abrogated because of any detachment thereof from its wheels or because of placing it on, or attaching it to, the ground by means of any temporary or permanent foundation, or in any manner whatsoever; The requiring of an owner of real property within the City to construct and maintain sidewalks abutting upon such property, and if the owner fails to comply with such requirements or if the owner is unknown, to construct and maintain such sidewalks and assess the cost thereof against the abutting property in accordance with Section 153; The compelling of owners of real property within the City to keep sidewalks abutting upon their property clear from snow, ice or other obstructions, and if the owner fails to comply with such requirements, to remove such snow, ice or other obstructions and assess the cost thereof against the abutting property in accordance with Section 153; For Ordinance regulating streets, sidewalks and public places, see Code of Ordinances, , Sec The requiring, as a condition of approving plats of land or premises hereafter laid out, divided, or platted into streets and alleys within the City, that all streets shown on said plat be graded and graveled or otherwise improved, that all ditches, drains and culverts necessary to make such streets usable be constructed, that cement sidewalks be constructed in the proper places, all in accordance with City specifications. The Commission may accept a bond conditioned upon the installation of such of the foregoing improvements as it requires within such time as it determines. The enforcement of all local, police, sanitary and other regulations as are not in conflict with the general laws of the state. The establishing of districts or zones within which the use of land and structures, the height, the area, the size and location of buildings and required open spaces for light and ventilation of such buildings, and the density of population may be regulated by ordinance in accordance with statutory provisions governing zoning; 21.

10 Page 10 of 120 All powers, privileges and immunities not inconsistent with the provisions of this Charter possessed by the City of Mount Clemens by virtue of its incorporation as such and enumerated in the Charter of the City adopted on November 5, 1918, including all amendments thereto in effect on the day preceding the effective date of this Charter, are hereby expressly retained by the City and shall constitute a part of the powers of the City even though not expressly enumerated herein. 22. Unless otherwise provided or limited in this Charter, the City and its officers shall possess and be vested with any and all powers, privileges and immunities, expressed or implied, which cities and their officers are or hereafter may be, permitted to exercise or to provide for in their charters under the constitution and statutes of the State of Michigan, including all powers, privileges and immunities which cities are, or may be, permitted to provide in their charters by Act 279 of the Public Acts of 1909 of the State of Michigan, as amended, as fully and completely as though these powers, privileges and immunities were specifically enumerated in and provided for in this Charter, and in no case shall any enumeration of particular powers, privileges or immunities herein be held to be exclusive. See C.L., 1948, secs et seq.; Mich. Stat. Anno., secs et seq. 23. The City and its officers shall have power to exercise all municipal powers in the management and control of municipal property and in the administration of the municipal government, whether such powers be expressly enumerated herein or not; to do any act to advance the interests of the City, the good government and prosperity of the municipality and its inhabitants, and through its regularly constituted authority, to pass and enforce all laws, ordinances, and resolutions relating to its municipal concerns, subject to the provisions of the constitution, statutes and this Charter. All powers not prohibited by law are granted to the City under this subsection, see C.L., 1948, sec (j); Mich. Stat. Anno., secs Sec. 12. RIGHTS AND LIABILITIES CONTINUED.

11 Page 11 of 120 After the effective date of this Charter, the City shall be vested with all the property, moneys, contracts, rights, credits, effects and the records, files, books and papers belonging to it under and by virtue of the previous City Charter. No right or liability, either in favor of or against the City, existing at the time this Charter shall in any manner be affected by any change, resulting from the adoption of this Charter, but the same shall stand or proceed as if no change had been made. All debts and liabilities of the City shall continue to be the debts and liabilities of the City and all fines and penalties imposed at the time of such change shall be collected Sec. 13. DAMAGES; PERSONAL INJURIES; NOTICE OF CLAIM. The City shall not be liable for damage sustained by any person either to his person or property by reason of the negligence of the City, its officers or employees, nor by reason of any defective condition of or obstruction in any public place unless such person shall serve or cause to be served upon the Clerk within 60 days after the injury resulting in such damages shall have occurred a notice in writing, which notice shall set forth substantially the time and place of such injury, the manner in which it occurred, the extent of such damages as far as the same has become known, the names and addresses of the witnesses known at the time by the claimant and a statement that the person sustaining such damages intends to hold the City liable for such damages as may have been sustained by them. The City shall not be liable for any damages to person or property arising out of any such injury unless there shall have been first presented to the Clerk a claim in writing and under oath setting forth particularly the time, place, nature and extent of such injury and the amount of damages claimed by reason thereof. No person shall bring any action against the City for any such damages until such claim has been filed with the Clerk and until the Commission shall have been given reasonable opportunity to act thereon either by allowing or refusing to allow the claim. It shall be a sufficient bar and answer in any court to any action or proceeding for the collection of any demand or claim against the City under this section that the notice of injury and the verified proof of claim as in this section required were not presented and filed within the time and in the manner as herein provided.

12 Page 12 of 120 For state law, see C.L., 1948, sec ; Mich. Stat. Anno., sec Sec. 14. ESTOPPEL NO DEFENSE AGAINST CITY. No estoppel may be created against the City Sec. 15. SERVICE OF PROCESS. All process against the City shall run against the City in the corporate name thereof and may be served by leaving a true copy with the mayor, clerk or attorney ARTICLE 3 ELECTIONS Sec. 16. ELECTORS, QUALIFICATIONS. The residents of the City having the qualifications of electors in the State of Michigan shall be electors of the City Sec. 17. NON-PARTISAN CITY ELECTIONS; STATE LAW. The election of all City Officers shall be on a non-partisan basis. The General Election Statutes shall apply to and control, as near as may be, all procedures relating to registration and City elections except as such statutes relate to political parties or partisan procedure and except as otherwise provided in this Charter.

13 Page 13 of Sec. 18. ELECTION PRECINCTS; ONE WARD. The City of Mount Clemens shall consist of one ward. The election precincts of the City shall remain as they existed on the effective date of this Charter, until altered by the Commission as hereinafter provided. The City Commission shall by ordinance from time to time establish convenient election precincts For present precincts and boundaries thereof, see Code of Ordinances, sec. It is mandatory that the Charter shall provide for the establishment of one or more wards, see C.L., 1948, sec (e); Mich. Stat. Anno., sec Sec. 19. REGULAR BIENNIAL ELECTIONS, TIME. A regular City election shall be held on the first Monday in April of 1955 and of each oddnumbered year thereafter, but if some other date in the months of March, April or May is fixed by law for the holding of the state biennial spring election, then the regular City election shall be held on the date so fixed. [This Section revised as a result of changes in state laws.] It is mandatory that the Charter shall provide for the time, manner and means of holding elections, see C.L., 1948, sec (c); Mich. Stat. Anno., sec ; for similar state law, see C.L., 1948, sec ; Mich. Stat. Anno., sec Sec. 20. ELECTIVE OFFICERS ENUMERATED. The elective officers of the City shall be a mayor, six commissioners and a municipal judge, all of whom shall be nominated and elected from the City at large.

14 Page 14 of 120 It is mandatory that the Charter shall provide for the election of a mayor, see C.L., 1948, sec (a); Mich. Stat. Anno., sec Sec. 21. ELECTED OFFICERS; TERM. At each regular City election beginning in 1955, there shall be elected a mayor for a term of office of two years and three commissioners for a term of office of four years. All such terms shall commence at 8:00 p.m. at the then prevailing local time on the Monday next following the regular City election at which they are elected Sec. 22. MUNICIPAL JUDGE; TERM. At the regular City election in 1961 and every sixth year thereafter there shall be elected on Municipal Judge for a term of office of six years commencing at noon on the first day of January next following such election. [This section obsolete due to replacement of Municipal Court by District Court.] Sec. 23. SPECIAL ELECTIONS; RESOLUTION REQUIRED. Special City elections shall be held when called by resolution of the Commission at least 40 days in advance of such election, or when required by this Charter or statute. Any resolution calling a special election shall set forth the purpose of such election. No more special City elections shall be called in any one year than the number permitted by statute Sec. 24. SPECIAL ELECTIONS, NOTICE.

15 Page 15 of 120 Notice of the time and place of holding any City election and of the officers to be nominated or elected and the questions to be voted upon shall, except as herein otherwise provided, be given by the Clerk in the same manner and at the same time as provided by statute for giving of election notices by City Clerks Sec. 25. POLLS, HOURS OPEN. The polls of all elections shall be opened and closed at the time prescribed by statute for the opening and closing of polls at state elections. See. C.L., 1948, sec ; Mich. Stat. Anno., sec Sec. 26. (Repealed Aug. 3, 2010) Sec. 27. (Repealed Aug. 3, 2010) Sec. 28. NOMINATION OF CANDIDATES; PETITION REQUIRED, SIGNATURES. The method of nomination of all candidates for the City general election shall be by petition. Such petitions for each candidate shall be signed by not less than 75 nor more than 100 registered electors of the City. No person shall sign his name to a greater number of petitions for any one office than there are persons to be elected to said office at the following regular City election. Where the signature of any individual appears on more petitions than he is so permitted to sign, such signature shall be counted only to the extent he is permitted to sign in the order of filing the petitions containing such signatures. (ord. eff. June 21, 1954; amend. Aug. 3, 2010)

16 Page 16 of For similar state law, see C.L., 1948, sec ; Mich Stat. Anno., sec Sec. 29. NOMINATING PETITIONS; FILING, TIME. Nominating petitions for offices to be filled at the odd-year general election shall be filed by 4:00 p.m. on the twelfth (12th) Tuesday prior to the odd-year general election. (ord. eff. June 21, 1954; amend. Aug. 3, 2010) Sec. 30. NOMINATING PETITIONS; FILING DATE; NOTICE, PUBLICATION. The Clerk shall, prior to every election, publish notice of the last day permitted for filing nomination petitions and of the number of persons to be nominated or elected to each office at least one week and not more than three weeks before such day Sec. 31. NOMINATING PETITIONS; FORM; MAINTENANCE OF SUPPLY. The form of petition shall be substantially as that designated by the Secretary of State for the nomination of non-partisan judicial officers. A supply of official petition forms shall be provided and maintained by the Clerk. (ord. eff June 21, 1954) Sec. 32. NOMINATING PETITIONS; SUFFICIENCY AND VALIDITY; CLERK'S DUTIES. The Clerk shall accept only nomination petitions which conform with the forms provided and maintained by him, and which, considered together, contain the required number of valid signatures for candidates having those qualifications required for the respective elective City officer by this Charter. All petitions shall be accompanied by the affidavit of qualifications

17 Page 1of 120 provided for in Sections 65 and 66. When a petition is filed by persons other than the person whose name appears thereon as a candidate, it may be accepted only when accompanied by written consent of the candidate. The Clerk shall, forthwith after the filing of a petition, notify in writing any candidate whose petition is then known not to meet the requirement of this section, but the failure to so notify any candidate shall in no way prevent a final determination that the petition does not meet such requirements. Within three days after the last date for filing petitions, the Clerk shall make his final determinations as to the validity and sufficiency of each nomination petition and whether or not the candidate has the qualifications required for his respective elective City office by this Charter and shall write his determinations thereof on the face of the petition. No petition shall be determined to be valid unless the affidavit of qualifications provided for in Sections 65 and 66 shall be filed with such petition. [This section revised as a result in changes in state laws.] Sec. 33. NOMINATING PETITIONS; NOTICE OF INVALIDITY, SERVICE. The Clerk shall immediately notify in writing the candidate whose name appears thereon of his determinations. Such notice to any such candidate whose petition is found invalid or insufficient or who is found not to be qualified shall be delivered by personal messenger if possible. Any candidate whose petition is so found invalid or insufficient shall be allowed to file supplementary or replacement petitions before 5:00 p.m. at the then prevailing local time on the fifth day after the last date for filing original petitions; thereafter no further petitions may be filed Sec. 34. NOMINATING PETITIONS; OPEN TO PUBLIC INSPECTION. All nomination petitions filed shall be open to public inspection in the office of the Clerk Sec. 35. ELECTION COMMISSION; COMPOSITION, APPOINTMENT, COMPENSATION; POWERS AND DUTIES.

18 Page 1of 120 An Election Commission is hereby created, consisting of the Clerk and two qualified and registered electors of the City who during their term of office shall not be City employees or candidates or nominees for elective City office. These two members shall be appointed by the City Commission biennially in January for a term of two years. The members shall serve without compensation. The Clerk shall be Chairman. The Election Commission shall appoint the Board of Election Inspectors for each precinct and have charge of all activities and duties required of it by statute and this Charter relating to the conduct of elections in the City. The compensation of election personnel shall be determined in advance by the City Commission. In any case where election procedure is in doubt, the Election Commission shall prescribe the procedure to be followed Sec. 36. BALLOTS, NAMES, VOTING MACHINES, ETC., REQUISITES, STATE LAW. The form, printing and numbering of ballots or the preparation of the voting machines used in any City election shall conform as nearly as may be to the provisions of statute, except that no party designation or emblem shall appear. In all City elections, the names of qualified candidates or nominees for each office shall be listed under a separate heading and shall be rotated systematically in the manner prescribed by statute for rotation of names Sec. 37. BALLOTS; IDENTIFICATION OF CANDIDATES. If two or more candidates or nominees for the same office have the same or similar surnames, the election commission shall print the occupation and residence address under the respective names of each such candidates or nominees on the ballots (or on labels or slips to be placed on voting machines when used), provided, that for any of such candidates who is an incumbent of such office, the occupation shall be designated as. Except as provided in this section there shall be no supplementary identification of candidates or nominees on the ballot.

19 Page 1of Sec. 38. BOARD OF CANVASSERS; COMPOSITION; POWERS AND DUTIES. The Clerk and the members of the City Commission shall be the Board of Canvassers to canvass the votes at all City election(s), except that if any of such persons are candidates for office or nomination at the election to be canvassed such person shall not serve as canvasser at such election. The Board of Canvassers shall convene on the day following each City election at the usual time and place of meeting of the City Commission and determine the results of the City election upon each question and proposition voted upon and what persons are duly nominated or elected to the several offices respectively at said election, and shall notify in writing the successful candidates or nominees of their nomination or election. The Clerk shall make under the corporate seal of the City duplicate certificates of the determinations of the Board and shall file one certificate with the County Clerk and the other in his own office Sec. 39. TIE VOTE; DETERMINATION. If, at any City election, there shall be no choice between candidates by reason of two or more persons having received an equal number of votes, then the City Commission shall name a date for the appearance of such persons for the purpose of determining the nomination or election of such candidates by lot as provided by state law. (ord. eff. June 21, 1954; amend. Aug. 3, 2010) Sec. 40. RECOUNT; PETITION, FILING, ETC. A recount of the votes cast at any City election for any office or upon any proposition may be had in accordance with election statutes. Unless otherwise required by statute: a. The petition for a recount of the votes cast at any City election shall be filed with the Clerk by 5:00 p.m. on the second full day on which the Clerk's office is open for business after the Board of Canvassers has made its official report of the result of the election at which such votes were cast,

20 Page 20 of 120 b. c. Any counter petition shall be filed by 5:00 p.m. of the next full day thereafter on which the Clerk's office is open for business and No officer shall be qualified to take office until final determination of any recount of the votes cast for such office Sec. 41. RECALL OF OFFICERS; STATE LAW. Any elected official may be recalled from office by the electors of the City in the manner provided by statute. A vacancy created by such recall shall be filled in the manner prescribed by statute. See Const Art. III, Sec. 8; C.L., 1948, Secs et seq. Mich. Stat. Anno., Secs et seq ARTICLE 4 ORGANIZATION OF GOVERNMENT Sec. 42. CITY COMMISSION; COMPOSITION, POWERS. There shall be a City Commission of seven members (in this charter called ), consisting of the elected commissioners and the mayor, who shall be deemed a member of the Commission for all purposes. The Commission shall constitute the legislative and governing body of the City and shall have power and authority, except as otherwise provided in this charter or by statute, to exercise all powers conferred upon or possessed by the City, and shall have the power and authority to adopt such laws, ordinances and resolutions as it shall deem proper in the exercise thereof. In all cases where the word is used in this Charter, the same shall be synonymous with the word, or any other term used in any statute or federal law in referring to municipal legislative or governing bodies Sec. 43.

21 Page 21 of 120 CITY COMMISSION; MEMBERS; QUALIFICATIONS; SOLE JUDGE; ELECTION AND QUALIFICATIONS. Members of the Commission shall meet the eligibility requirements contained in Section 65 & 66 of this Charter. The Commission shall be sole judge of the election and qualifications of its own members, subject only to review by the court. It is mandatory that the Charter shall provide for the qualifications, duties and compensation of the City officers, see C.L., 1948, sec (d); Mich. Stat. Anno., sec Sec. 44. COMMISSIONERS, MAYOR; COMPENSATION, EXPENSES. The mayor shall receive as compensation $ per year; each other commissioner shall receive as compensation $ per year. Such compensation shall be paid semi-annually and except as otherwise provided in this Charter shall constitute the only compensation which may be paid the Mayor or Commissioners for the discharge of any official duty for or on behalf of the City during their tenure of office. However, the Mayor and Commissioners may upon order of the Commission, be paid such necessary bona fide expenses incurred in service in behalf of the City as are authorized and itemized. The compensation of the mayor and other commissioners is now determined by the local officers compensation commission established in Code section et seq. It is mandatory that the Charter shall provide for the qualifications, duties and compensation of the City officers, see C.L., 1948, sec (d); Mich. Stat. Anno., sec Sec. 45. MAYOR PRO TEMPORE, ELECTION; DUTIES. The Commission shall at its first meeting following each regular City election, after the newlyelected members have taken office, elect one of its members to serve as mayor pro tem, for a term expiring at the first commission meeting following the next regular City election. Such elections shall by written ballot and by majority vote of the members of the Commission in office

22 Page 22 of 120 at the time. In the event of absence or disability of both the mayor and mayor pro tem, the Commission may designate another of its members to serve as acting mayor during such absence or disability. In the absence or disability of the mayor, the mayor pro tem shall perform the duties of mayor. In the absence or disability of both, the designated acting mayor shall perform such duties. It is mandatory that the Charter shall provide for the qualifications, duties and compensation of the City officers, see C.L., 1948, sec (d); Mich. Stat. Anno., sec Sec. 46. MAYOR; POWERS AND DUTIES. a. b. c. d. Insofar as required by statute, and for all ceremonial purposes, the mayor shall be the executive head of the City. He shall have a voice and vote in all proceedings of the Commission equal with that of other members of the Commission, but shall have no veto power. He shall be the presiding officer of the Commission. He shall serve as a supervisor as provided in Section 170. The Mayor shall be a conservator of the peace, and in emergencies declared by the Commission may exercise within the City the power conferred upon sheriffs to suppress riot and disorder, and shall have authority to command the assistance of all able-bodied citizens to aid in the enforcement of the ordinances of the City and to suppress riot and disorder. The Mayor shall execute or authenticate by his signature such instruments as the Commission, this Charter or any statutes of the State of Michigan or laws of the United States shall require. Except as may be required by statute, the mayor shall exercise only such powers as this Charter or the Commission shall specifically confer upon him. It is mandatory that the Charter shall provide for the qualifications, duties and compensation of the City officers, see C.L., 1948, sec (d); Mich. Stat. Anno., sec Sec. 47.

23 Page 23 of 120 ADMINISTRATIVE OFFICERS ENUMERATED. The Administrative Officers of the City shall be the City Administrator, Attorney, Clerk, Treasurer, Assessor, Engineer, Superintendent of Water Purification and Pumping Superintendent of Sewage Disposal and Water Distribution, Superintendent of Streets, Recreation Director, Police Chief, and Fire Chief Sec. 48. ADMINISTRATIVE OFFICERS; MERGING, CREATING ADDITIONAL OFFICES; CITY ADMINISTRATOR, PROHIBITIONS. The Commission may by ordinance create additional administrative offices and may by ordinance combine any administrative offices in any manner it deems necessary or advisable for the proper and efficient operation of the City, but the Commission may not diminish the duties or responsibilities of the office of the City administrator. See also Sec. 56, infra Sec. 49. ADMINISTRATIVE OFFICERS; APPOINTMENT, COMPENSATION; DISCHARGE, HEARING. All administrative officers of the City, except that City administrator and attorney shall be appointed by the City Administrator for an indefinite period, subject to confirmation by the Commission. Such officers shall be responsible to the City Administrator and shall have their compensation fixed by the City Administrator in accordance with budget appropriations and subject to approval by the Commission. Such officers may be discharged by the City Administrator. Any such officer who has been discharged may within ten days thereafter petition the Commission to hear the facts regarding such discharge, and in any such case the Commission may, in its own discretion, hold a hearing and inquire into such acts and may make such decision as it considers proper.

24 Page 24 of Sec. 50. CITY ADMINISTRATOR; ATTORNEY; APPOINTMENT, TERM, COMPENSATION. The City Administrator and Attorney shall be appointed by the Commission for an indefinite period, shall be responsible to and serve at the pleasure of the Commission and shall have their compensation fixed by the Commission. It is mandatory that the Charter shall provide for the qualifications, duties and compensation of the City officers, see C.L., 1948, sec (d); Mich. Stat. Anno., sec Sec. 51. DEPARTMENTS; ORDINANCE REQUIRED, CITY ADMINISTRATOR'S AUTHORITY. Except as may be otherwise required by statute or this Charter, the Commission shall establish by ordinance such departments of the City as it deems necessary or advisable and shall prescribe therein the functions of each department, and the duties, authorities and responsibilities of the officers of each department, but the Commission may not diminish the duties or responsibilities of the office of City Administrator. The City Administrator may prescribe such duties and responsibilities of the officers of those departments responsible to him which are not inconsistent with this Charter or with any ordinance or resolution. For Ordinance creating the City Department etc., see Code of Ordinances, secs , Sec. 1, et seq Sec. 52. EMPLOYEES, DEFINED; HIRING; DISCHARGE, HEARING. All personnel employed by the City who are not elected officers of the City or administrative officers or deputies by, or under the authority of, this Charter shall be deemed to be employees of the City. The head of each department shall have the power to hire and discharge the employees of his department without confirmation of the Commission. Any employee who has

25 Page 25 of 120 been discharged may within ten days thereafter petition the Commission to hear the facts regarding such discharge, and in any such case the Commission may, in its own discretion, hold a hearing and inquire into such facts and may make such decision as it considers proper Sec. 53. CITY ADMINISTRATOR; APPOINTMENT, TERM; CITY RESIDENCE REQUIRED. The Commission shall appoint a City Administrator within 90 days after any vacancy exists in such position. The City Administrator shall hold office at the pleasure of a majority of the Commission. He shall be selected solely on the basis of his executive and administrative qualifications with special reference to his training and experience. At the time of his appointment, he need not be a resident of the City or State, but during tenure of office he shall reside within the City. It is mandatory that the Charter shall provide for the qualifications, duties and compensation of the City officers, see C.L. 1948, sec (d); Mich. Stat. Anno., sec Sec. 54. CITY ADMINISTRATOR; POWERS AND DUTIES. The City Administrator shall be the Chief Administrative Officer of the City government. His functions and duties shall be: To be responsible to the Commission for the efficient administration of all administrative departments of the City government except the department under the direction of the attorney; To see that all laws and ordinances are enforced; To appoint, with the consent of the Commission, the heads of the several City departments whose appointment is not otherwise specified in this Charter, and to discharge such department heads without the consent of the Commission, and to direct and supervise such department heads; To give to the proper department of officials ample notice of the expiration or

26 Page 26 of 120 termination of any franchise, contracts or agreements; To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise, or in any contract, are faithfully kept and performed; To recommend an annual budget to the Commission and to administer the budget as finally adopted under policies formulated by the Commission, and to keep the Commission fully advised at all times as to the financial conditions and needs of the City; To recommend to the Commission for adoption such measures as he may deem necessary or expedient; and to attend Commission meetings with the right to take part in discussions but not to vote; To exercise and perform all administrative functions of the City that are not imposed by this Charter or Ordinance upon some other official; To maintain a system of accounts of the City which shall conform to any uniform system required by law and by the Commission and to generally accepted principles and procedure of governmental accounting. He shall make monthly financial statements to the Commission; To perform such other duties as may be prescribed by this Charter or as may be required of him by Ordinance or by direction of the Commission. (ord. eff. July 21, 1954) It is mandatory that the Charter shall provide for the qualifications, duties and compensation of the City officers, see C.L. 1948, sec (d); Mich. Stat. Anno., sec Sec. 55. ACTING CITY ADMINISTRATOR; APPOINTMENT, POWERS AND DUTIES. The Commission may appoint or designate an acting City Administrator during the period of a vacancy in the office or during the absence of the City Administrator from the City. Such acting Administrator shall, while he is in such office have all the responsibilities, duties, functions and authority of the City Administrator Sec. 56. CITY ADMINISTRATOR; INTERFERENCE WITH POWERS AND DUTIES PROHIBITED.

27 Page 2of 120 Neither the Commission nor any of its members or committees shall dictate the appointment of any person to office by the City Administrator or in any way interfere with the City Administrator or other City officer to prevent them from exercising their judgment in the appointment or employment of officers and employees in the administrative service. Except for the purpose of inquiry, the Commission and its members shall deal with the administrative service solely through the City Administrator, and neither the Commission nor any member thereof shall give orders to any of the subordinates of the City Administrator. See also sec. 48, supra Sec. 57. CITY CLERK; POWERS AND DUTIES. a. b. c. d. e. f. g. The Clerk shall be the Clerk of the Commission and shall attend all meetings of the Commission and shall keep a permanent journal of its proceedings in the English language. The Clerk shall be custodian of the City Seal, and shall affix it to all documents and instruments requiring the seal, and shall attest the same. He shall also be custodian of all papers, documents, and records pertaining to the City, the custody of which is not otherwise provided for. The Clerk shall certify by his signature all ordinances and resolutions enacted or passed by the Commission. The Clerk shall provide and maintain in his office a supply of forms for all petitions required to be filed for any purpose by the provisions of this Charter. The Clerk shall also serve as chairman of the election commission as provided in Section 35. The Clerk shall have power to administer oaths of office. The Clerk shall perform such other duties as may be prescribed for him by this Charter, by the Commission or by the City Administrator. It is mandatory that the Charter shall provide for the qualifications, duties and compensation of the City Officers, see C.L., 1948, sec (d); Mich. Stat. Anno., sec