Fremont, MI Code of Ordinances PART I. THE CHARTER

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1 Page 1 of 45 Print Fremont, MI Code of Ordinances PART I. THE CHARTER Editor's note. The Charter contained in this part was passed by the electors of the City of Fremont, Michigan on April 3, The effective date of this Charter was April 17, A uniform system of capitalization has been utilized, obvious misspellings have been corrected and catchlines and subcatchlines have been modified in some cases to make them more accurate and to facilitate editorial and indexing requirements. Otherwise no changes have been made. Amendments to the Charter are indicated by historical citations following the amended section. 1.1 Name. 1.2 Boundaries. 1.3 Wards. 2.1 General powers. 2.2 Specific powers. 2.3 Intergovernmental contracts. 3.1 Qualifications of electors. 3.2 Procedure. 3.3 Precincts. 3.4 Date of regular city elections. 3.5 Date of special elections. 3.6 Notice. 3.7 Voting hours. 3.8 Nominations -- Generally. 3.9 Same -- Form of petition Same -- Approval of petition. Preamble. Chapter I. Names and Boundaries. Chapter II. Municipal Powers. Chapter III. Elections.

2 Page 2 of Same -- Candidate to run for only one office Same -- Withdrawal of candidate Same -- Public inspection of petitions Election commission created; composition; duties; compensation Form of ballot Board of canvassers Custody and safekeeping of registration books and supplies 3.18 Absentee ballots Determination of election ending in tie vote Recount Purity of election; lawful and unlawful acts. 4.1 Form. 4.2 City council composition and power. 4.3 Qualifications of council members. Chapter IV. Organization of Government. 4.4 Election and terms of office of mayor and councilmen. 4.5 Compensation of mayor and councilmen; reimbursement of expenses. 4.6 Organizational meeting of council; selection of mayor pro tem. 4.7 Powers and duties of mayor; mayor pro tem. 4.8 Council's dealings with administration services; council's ordering of subordinates of city manager. 5.1 Eligibility for office. Chapter V. General Provisions Regarding Officers and Personnel. 5.2 Financial interest of officer in contract with city; officer standing as surety or giving bail required by Charter or city ordinance. 5.3 Holding of appointive office or employment by relative of elective or appointive officer. 5.4 Oath of office and bond required. 5.5 Surety bonds. 5.6 Delivery of effects of office to successor or superior when officer or employee ceases to hold the office. 5.7 Declaration of vacancy in elective office.

3 Page 3 of Declaration of vacancy in boards or commissions. 5.9 Removal from office Resignations of elective and appointive officers Filling vacancy in council Filling vacancies in offices Changes in term of office or compensation Compensation of employees not provided for by Charter; bona fide expenses incurred in service of city Group insurance for officers and employees Employees retirement system Merit system for employees. 6.1 Regular meetings. 6.2 Special meetings. 6.3 Business of special meetings. 6.4 Meetings to be public. 6.5 Quorum. Chapter VI. Council: Procedures, Powers and Duties. 6.6 Attendance; conduct; sergeant-at-arms. 6.7 Organization, rules and order of business. 6.8 Investigation into conduct of office, employee, etc.; power to summon and compel attendance of witnesses and production of evidence. 6.9 Public peace, health and safety; composition and powers of board of health. 7.1 Administrative officers generally. Chapter VII. Administrative Services. 7.2 City manager -- Appointment; removal; compensation. 7.3 Same -- Functions and duties. 7.4 Clerk. 7.5 Treasurer. 7.6 Assessor. 7.7 Attorney. 7.8 City planning commission; zoning.

4 Page 4 of Advisory boards or committees. 8.1 Prior legislation. 8.2 Ordinances and resolutions generally. Chapter VIII. Legislation. 8.3 Ordinances -- Identification; repeal; amendment; record; Code. 8.4 Same -- Publication; effective date; adoption by reference. 8.5 Penalties. 8.6 Initiatory and referendary petitions -- Generally. 8.7 Same -- Contents; signatures; affidavit of petitioner; verification. 8.8 Same -- Action by council upon receipt. 8.9 Same -- Submission to electors Same -- Suspension of operation of ordinance in referendum; amendment or repeal; adoption of conflicting ordinances at the same election Recall. 9.1 Fiscal year. 9.2 Budget -- Recommended budget. 9.3 Same -- Public hearing. 9.4 Same --Adoption. 9.5 Same -- Capital improvement bonds. Chapter IX. Finances and Budgets. 9.6 Same -- Appropriations; charging of expenditures; interim accounting; end of year surplus. 9.7 Depository. 9.8 Investments. 9.9 Independent audit and report Withdrawal of funds. Chapter X. Taxation Power of city; maximum ad valorem levy; procedure for levy and collection Tax status day Assessment roll Board of review -- Composition; secretary; chairman; quorum.

5 Page 5 of Same -- Functions and duties Same -- Notice of meeting Same -- Meetings; examination of persons appearing Assessment of taxes Warrant commanding collection by treasurer Liens Statement to taxpayer Collection of city taxes State, county and school taxes Failure to pay personal property taxes Acceleration of due date for personal property taxes Failure to pay real estate taxes Inequitable assessment or tax Power of council to assess Procedure ordinance Assessment lien Contest of assessment General power Limitation Use of borrowed funds. Chapter XI. Special Assessments. Chapter XII. Borrowing Separation of special assessment collections; payment of deficiency in special assessment fund Bond interest rates Execution of bonds Records of bonds and other evidence of indebtedness; cancellation. Chapter XIII. Contracts and Purchases Establishment of procedures by ordinance; city manager responsible for purchases; authority; competitive prices Funds to finance public improvements.

6 Page 6 of Installment contracts. Chapter XIV. Utilities, Franchises and Permits General powers Administration of municipally owned and operated utilities Utility rates Ordinances for collection of public utility charges Disposal of utility plants and property Accounts and finances of public utility Public utility franchises -- Granting Same -- Conditions Same -- Provisions for rates, fares and charges Use of public places by utilities Temporary permits Existing franchises and permits. Chapter XV. Miscellaneous Liability of city; procedures for filing claim Records Estoppel against city Processes against city Trusts for municipal purposes Quorum generally Sundays and holidays Chapter, section and subsection headings of Charter Amendment of Charter Severability of Charter provisions Penalties for misconduct in office Definitions generally Definitions of publication and mailing of notices. PREAMBLE.

7 Page 7 of 45 We, the people of the City of Fremont, by the Grace of Almighty God, pursuant to authority granted by the Constitution and the laws of the State of Michigan, in order to secure the benefits of efficient self-government and to promote our common welfare, do hereby ordain and establish this Charter. CHAPTER I. Names and Boundaries. Section 1.1. Name. The municipal corporation now existing and known as the City of Fremont, as its limits now are or may hereafter be established, shall be and continue a municipal corporation under the laws of the State of Michigan, and shall be known by the name of City of Fremont. Section 1.2. Boundaries. (a) The city shall embrace the territory constituting the City of Fremont on the effective date of this Charter, together with such annexations thereto and less such detachments therefrom as may be made thereafter. Upon annexation or detachment of territory, the boundaries shall be deemed changed without amendment of this section. (b) The clerk shall maintain and keep available in his office for public inspection the official description and map of the current boundaries of the city. Section 1.3. Wards. The city shall consist of one single ward. CHAPTER II. Municipal Powers. Section 2.1. General powers. Unless otherwise provided or limited in this Charter, the city and its officers shall have all the powers, privileges and immunities, expressed or implied, which cities are or hereafter may be permitted by law to use or to include in their charters. The city and its officers shall have the power to manage and control its finances, (including inter-fund borrowing) rights, interests, buildings and property; to enter into contracts; to do any act to advance the interest, good government and prosperity of the city and its residents; to protect the public peace, health, morals, safety and general welfare; and to prevent and restrain crime and vice.

8 Page 8 of 45 In the use of such powers, the city may enact and enforce ordinances, rules and regulations and take such other needed action not inconsistent with law. The listing of particular powers, privileges or immunities in this section or elsewhere in this Charter shall not be held to be exclusive. Section 2.2. Specific powers. The powers of the city shall include, but shall not be limited to, the following: (1) Acquisition of property for public use. The acquisition by purchase, gift, condemnation, lease, construction, or in any manner permitted by statute, of private property of every type and nature for pubic use, which property may be located within or without the City of Fremont 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; (2) Maintenance, operation, disposal, etc., of city property. The maintenance, development, operation, leasing, sale, conveyance and disposal of city property, real or personal, subject to any restrictions placed thereon by statute or this Charter; (3) Special assessment refunds. The refunding of money advanced or paid on special assessments; (4) Purchase or condemnation of franchise, etc. The purchase or condemnation of the franchises and of the property used in the operation of companies or individuals engaged in the cemetery, hospital, electric light, gas, heat, water and power business; (5) Streets, alleys, etc. -- Use, regulation, etc., generally. The use, regulation, improvement, and control of the surface of its streets, alleys, public ways and other public places and of the space above and beneath them; (6) Same -- Use by public utility. The use of property located in streets, alleys and public places in the operation of a public utility; (7) Same -- Plan. The providing of a plan of streets and alleys within and for a distance beyond the municipal limits as permitted by state law; (8) Public parking facilities. The acquisition, 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 therefore; (9) Steams, waters and water courses. The use, control and regulation of streams, waters and water courses within its boundaries, subject to any limitations imposed by statute; (10) Zoning. 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 building and the density of population may be regulated by ordinance in accordance with statutory provisions governing zoning; (11) Trades, occupations, amusements, etc. The regulation and licensing of trades, occupations, amusements, businesses and establishments within the city, not inconsistent with

9 Page 9 of 45 state and federal laws, and for the prohibition of such trades, occupations, amusements, businesses and establishments as are detrimental to the health, morals, safety, or welfare of its inhabitants; (12) Signs and billboards. The licensing, regulating, restricting and limiting the number and locations of advertising signs or displays and billboards within the city; (13) Dangerous, offensive or unhealthy things; nuisances. The preventing of injury or annoyance to the inhabitants of the city from anything which is dangerous, offensive or unhealthful, and to prevent and abate nuisances and punish those occasioning them or neglecting or refusing to abate, discontinue, or remove the same; (14) Licenses. 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 council may prescribe; (15) House trailers and mobile homes. The prohibiting or regulating the use, occupancy, sanitation and parking of house trailers or mobile homes 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; (16) Sidewalks. The requiring an owner of real property within the city to construct or repair sidewalks abutting upon such property, and if owner fails to comply with such requirements, to construct or repair sidewalks and assess the cost thereof against the property abutting upon said sidewalks; (17) Public hazards and nuisances. The requiring an owner of real property within the city to abate public hazards and nuisances which are dangerous to the health or safety of inhabitants of the city within a reasonable time after the council notified said owner that such hazard or nuisances exists, and if the owner fails to comply with such requirements, or if the owner is unknown, to abate or demolish such hazards and nuisances and assess the cost thereof against the property; (18) Snow, ice or other obstructions on sidewalks. 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; (19) Trees and shrubs. The control over all trees, shrubs and plants in the public streets, highways, parks or other public places in the city, all dead and diseased trees on private property, and trees on private property overhanging the streets, sidewalks or public places and the removal thereof, and assessing the cost thereof, against the property; and to regulate the planting of trees, plants and shrubs on private property which obstructs vision in or upon the public right-of-way so as to be a hazard to public safety; (20) Subdivision platting. The requiring of the platting of all land or premises within the city hereafter subdivided, in accordance with the terms and conditions as may be provided by ordinance, subject to any limitations imposed by statue; (21) Street lighting. The providing for and regulating the lighting of streets and alleys;

10 Page 10 of 45 (22) Building numbers. The providing for and regulating the numbering of buildings upon property abutting streets and alleys and compelling the owners and occupants thereof to affix numbers thereto. (23) Combustibles or explosives; open fires. The regulating and prohibiting the use of firearms, fireworks, combustible or explosive substances or materials within the city, and to regulate and prohibit the making of fires in the streets or other open spaces in the city; (24) Fences. The regulating the height and construction and location of all fences now or hereafter to be built within the city; (25) Traffic and parking. The regulating of traffic and the parking of automobiles and other vehicles, regulating the speed of vehicles, upon or across the streets within the provisions and limitations of law, and the stopping and parking of the same upon the streets and at street crossings, and to provide for impounding all vehicles parked in violation of such regulations; (26) Junkyards. The licensing and regulating of junk yards and places for the dismantling, wrecking and disposing of the junk and/or refuse material of automobiles; prescribing rules, regulations and conditions for the operation of the same; providing penalties for the operation of the same without a license and for the violation of any rule, regulation or condition; (27) Refuse and garbage accumulation. The regulating, limiting or prohibiting the private keeping, storing and/or accumulation of ashes, rubbish, garbage, junk and parts of old automobiles or other refuse material upon the streets or alleys of the city or on unenclosed private property, and to provide for declaring the same to be a public nuisance; (28) Buildings; fire zones. The regulating, limiting or prohibiting the construction, erection, alteration, equipment, repair, moving removal, use and demolition of buildings and structures and their appurtenances and service equipment; and create and enforce fire zones or districts in the city for the diminishing and control of the hazards of fire in such zones or districts; (29) Refuse and garbage collection. The collecting and disposing of garbage and rubbish and licensing, regulating and prohibiting the same when done by others than the city; (30) Fire protection. The providing of fire protection for all properties within the city, public or private by establishing and providing a fire department together with all its needs and requirements or by contracting with other corporations, firms or persons, municipal, public or private for the furnishing of adequate faire protection; (31) City services outside city. The furnishing of city services to persons, firms, corporations or governing bodies outside the corporate limits of the city; (32) Construction, operation, etc., of structure, etc., intended for public purposes. The constructing, providing, maintaining, extending, operating, regulating and improving any structure or facility which is devoted to or intended for public purposes within the scope of the powers of the city; (33) Pollution. The abatement of air, water, land, noise, or other types of pollution which would be contrary to the best interest of the City of Fremont. Section 2.3. Intergovernmental contracts.

11 Page 11 of 45 The city shall have the power to join with any other governmental unit or agency or with any number or combinations thereof, by contracts or otherwise, as may be permitted by law, for the ownership, operation or performance, jointly or by any one or more, on behalf of all, of any property, facility or service which each would have the power to own, operate or perform separately. CHAPTER III. Elections. Section 3.1. Qualifications of electors. The residents of the city having the qualifications of electors in the State of Michigan shall be electors in the city. Section 3.2. Procedure. The election of all city officers shall be on a non-partisan basis. The general election statutes shall apply to and control all procedures relating to city elections, including qualification of electors, establishment of precincts, verification or petitions, registration of voters and voting hours. The clerk shall give public notice of each city election in the same manner as is required by law for the giving of public notice of general elections in the state. Section 3.3. Precincts. The election precincts of city shall remain as they existed on the effective date of this Charter unless altered by the elections commission in accordance with statutes. Section 3.4. Date of regular city elections. A non-partisan regular city election shall be held on the first Tuesday following the first Monday of November of the odd numbered years. Section 3.5. Date of special elections. Special city elections shall be held when called by resolution of the council at least sixty days in advance of such election, or when required by law. Any resolution calling a special election shall set forth the purpose of such election. Section 3.6. Notice. 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 be given by the clerk as provided in the state election law for the giving of notice by city clerks.

12 Page 12 of 45 Section 3.7. Voting hours. The polls of all elections shall be opened and closed at the time prescribed by law for the opening and closing of polls at state elections. Section 3.8. Nominations -- Generally. The method of nomination for all candidates for city elections shall be by petitions. Such petitions for each candidate shall be signed by not less than fifteen 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 permitted to sign, the signatures bearing the most recent date shall be invalidated. Nomination petitions shall be filed with the clerk up to 4:00 p.m. eastern standard time of the first Tuesday following the first Monday in August of the odd numbered years. The clerk shall publish notice of the last day permitted for filing nomination petitions and of the number of persons to be elected to each office at least one week and not more than three weeks before such last day. Section 3.9. Same -- Form of petition. The form of petition shall be substantially as that designated by the Secretary of State for the nomination of non-partisan officers. The clerk shall provide and maintain a supply of official petition forms. Section Same -- Approval of petition. 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 offices by this Charter. When a petition is filed by persons other than the person whose name appears thereon as a candidate, it shall be accepted only when accompanied by the written consent of the candidate. The clerk shall, forthwith after the filing of a petition, notify in writing any candidate whose petition is then found not to meet the requirements 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 there days after the last date of filling 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 and shall notify in writing the candidate whose name appears thereon of his determinations. Such notice to any candidate whose petitions are so found to be invalid or insufficient shall be allowed to file supplementary or replacement petitions before 4:00 o'clock in the afternoon on the sixth day after the last date for filing original petitions. The names of the candidates for the respective elective city offices who file valid and sufficient nomination petitions shall be certified by the clerk to the election commission to be placed upon the ballot for the next subsequent regular city election or the next special election for the filling of vacancies in office, as the case may be.

13 Page 13 of 45 Section Same -- Candidate to run for only one office. The clerk shall not accept nominating petitions for the election of any candidate for more than the office. However, if a candidate withdraws his petitions for election to any elective office prior to the last day for filling petitions, he may thereafter file petitions for another office prior to the last day for filing petitions. Section Same -- Withdrawal of candidate. After the filing of a nomination petition by or in behalf of a proposed candidate for a city office, such candidate shall not be permitted to withdraw unless a written notice of withdrawal is served on the city clerk not later than 4:00 o'clock, eastern standard time, in the afternoon of the third day after the last day for filing petitions as in this Charter provided, unless the third day falls on a Saturday, Sunday or legal holiday, in which case the notice of withdrawal may be served on the clerk up to 4:00 p.m. o'clock, eastern standard time, on the next secular day. Section Same -- Public inspection of petitions. All nomination petitions filed shall be open to public inspection in the office of the clerk. Section Election commission created; composition; duties; compensation. An election commission is hereby created consisting of the city clerk, as chairman, the city attorney and the city assessor. The election commission shall appoint the board of election inspectors for each precinct and shall have charge of all activities and duties required of it by law relating to the conduct of elections in the city. The compensation of the election personnel shall be determined in advance by the city council. In any case when election procedure is in doubt, the election commission shall prescribe the procedure to be followed. Section Form of ballot. The ballots for all elections under this Charter shall conform to the printing and numbering of ballots as required by statue, except that no party designation or emblem shall appear on any city ballot. Section Board of canvassers. A board of canvassers shall be appointed in accordance with state law. Section Custody and safekeeping of registration books and supplies. The clerk shall be responsible for the custody and safekeeping of all registration books and supplies. On election day, he shall deliver them to the respective board of inspectors of election, taking their receipt therefor.

14 Page 14 of 45 Section Absentee ballots. The electors of the city shall be entitled to vote by absentee ballots at any city election as provided by law. Section Determination of election ending in tie vote. 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 Newaygo County Board of Canvassers shall name a date within five days after said election for the appearance of such persons for the purpose of determining the election of such candidates by lot as provided by statute. Section Recount. A recount of the voters cast at any city election for any office or upon any proposition may be had in accordance with election statutes. Section Purity of election; lawful and unlawful acts. All laws of the State of Michigan now in force or hereinafter enacted relating to the purity of elections, and as to what are lawful and what are unlawful acts, shall apply to all elections held under this chapter. CHAPTER IV. Organization of Government. Section 4.1. Form. The city shall have the council-manager form of government. Section 4.2. City council composition and power. There shall be a city council consisting of four councilmen and the mayor who shall be deemed a member of the council for all purposes. The council shall constitute the legislative and governing body of the city and shall have the power and authority to adopt such ordinances and resolutions as it shall deem proper in the exercise of its powers. The word "council" when used in this Charter shall be synonymous with the word "commission" or any other term used in any state or federal law in referring to a municipal legislative or governing body. Section 4.3. Qualifications of council members. The members of the council shall meet the eligibility requirements as set forth in section 5.1 of this Charter. The council shall be the sole judge of the qualifications of its members.

15 Page 15 of 45 Section 4.4. Election and terms of office of mayor and councilmen. At each regular election there shall be elected from the city at large a mayor for a term of two (2) years and two (2) councilmen for terms of four years and such additional number of councilmen as may be required to fill vacancies. All terms shall commence at 9:00 o'clock a.m. on the Monday next following date of election. Section 4.5. Compensation of mayor and councilmen; reimbursement of expenses. Each councilman and the mayor shall receive as compensation the sum of thirty dollars ($30.00) for each regular or special meeting attended but no to exceed one thousand dollars ($1,000.00) per year. The mayor shall receive the additional sum of three hundred dollars ($300.00) per year. All compensation to be paid annually. The council may reimburse the mayor or any councilmember for any authorized necessary expense incurred in service of the city, provided an itemized statement therefor is submitted to the council and payment therefor is authorized. (Charter Amend. Res. of , 2) Section 4.6. Organizational meeting of council; selection of mayor pro tem. The council shall hold its organizational meeting at the first regular meeting next following the election of its members. At this time the council shall select a mayor pro tem from its members. Section 4.7. Powers and duties of mayor; mayor pro tem. (a) The mayor shall preside all meetings of the council. He shall be a full voting member of the council but shall have no veto power. He shall be the chief executive officer of the city insofar as required by law and for all ceremonial purposes. He shall be the conservator of the peace and shall have the powers conferred by law upon sheriffs in times of emergency to suppress disorder, preserve the public peace and health and safety of persons and property and have other emergency powers as permitted by law. He shall authenticate by signature such instruments as may be required under provisions of law. He shall do all acts required of him by law. (b) The mayor pro tem shall act in place of the mayor in the absence or disability of the mayor. He shall succeed to the office of mayor in the case of a vacancy in that office, thereby creating a vacancy in the office of mayor pro tem. The council shall fill any vacancy in the office of mayor pro tem. Until such vacancy is filled, the senior member of the council from the standpoint of continuous service shall act as mayor pro tem. Between persons of equal seniority, the person who received the highest number of votes at the time of his last election shall act. Section 4.8. Council's dealings with administrative services; council's ordering of subordinates of city manager. Except for the purpose of investigations as provided in Section 6.8, and except in those cases where the council must, by law, deal directly with the administrative services, the council and its members shall deal with the administrative services solely through the city manager. Neither the council nor any member thereof shall give orders to any of the subordinates of the city manager.

16 Page 16 of 45 CHAPTER V. General Provisions Regarding Officers and Personnel. Section 5.1. Eligibility for office. (a) No person shall hold any elective office of the city, unless he was a resident of the city for at least one year immediately prior to the date of the election at which he is a candidate. He must also have been a registered elector on the last day for filing nominating petitions for such office or prior to his appointment to fill a vacancy. (b) No person shall be eligible for any elective or appointive city office who is in default to the city. The holding of office by any person who is in default shall create a vacancy unless such default shall be eliminated within thirty (30) days after written notice thereof has been served at his last known place of residence by the city clerk upon the direction of the council, or, unless the officer contests his liability for the default in a court of competent jurisdiction. (c) No person who holds or has held the office of councilman shall be eligible to hold any appointive office for which there is compensation paid by the city until one year has elapsed following the expiration of the term of office for which he was elected. This provision would not apply to appointments where nominal compensation may be paid by the city. (d) No appointive city officer or employee shall seek an elective office of the city unless he resigns his position with the city on or before the last date for filing petitions. Section 5.2. Financial interest of officer in contract with city; officer standing as surety of giving bail required by Charter of city ordinance. (a) Except as permitted by this section no contact or purchase involving an amount in excess of five hundred dollars shall be made by the city in which any officer or any member of his family has any financial interest, direct or indirect. A "contract" shall for the purpose of this section include any arrangement or agreement pursuant to which any materiel, service or other thing of value is to be furnished to the city for a valuable consideration to be paid by the city or is to be sold or transferred by the city, except the furnishing of personal services as an officer or employee of the city. The term "member of his family" shall include only spouse, child, grandchild, father, mother, sister, brother and the spouse of any of them. (b) Without limiting the generality of paragraph (a) of this section, an officer shall be deemed to have a financial interest in a contract if he or any member of his family is an employee, partner, officer, director or sales representative of the person, firm or corporation with which such contract is made or a sales representative of such person, firm or corporation. Ownership, individually or in a fiduciary capacity, by an officer or member of his family of securities, of any corporation with which a contract is made or is a sales representative of any person, firm or corporation with which such contract is made, shall not be deemed to create a financial interest in said contract unless the aggregate amount of such securities or interest in such securities, so owned by such officer and the members of his family, shall amount to ten percent of any class of the securities of such corporation then outstanding.

17 Page 17 of 45 (c) A contract in which an officer or member of his family has a financial interest may be made by the city if the members of the council having no such interest shall unanimously determine that the best interest of the city will be served by the making of such contract is made after comparative prices are obtained. (d) Any officer who knowingly permits the city to enter into any contract or purchase in which he has a financial interest without disclosing such interest to the council prior to the action of the council in authorizing such contract, shall be guilty of misconduct in office. Except in the instances specified in paragraph (c) of this section, the unanimous determination (by vote or written instrument) of all members of the council that in a particular case an officer or member of his family will not have a financial interest in any contract or purchase to be entered into by the city shall be final and conclusive in the absence of fraud or misrepresentation. (e) No officer shall stand as surety on any bond to the city or give any bail for any other person which may be required by the Charter or any ordnance of the city. Any officer of the city who violates the provisions of this paragraph shall be guilty of misconduct in office. Section 5.3. Holding of appointive office or employment by relative of elective or appointive officer. Unless the council shall by unanimous vote shall be recorded as part of its official proceedings, determine that the best interests of city shall be served, the following relatives of any elective or appointive officer are disqualified from holding any appointive office or employment during the term for which said elective or appointive office was elected or appointed; spouse, child, parent, grandchild, grandparent, brother, sister, half-sister, half-brother or the spouses of any of them. All relationships shall include those arising from adoption. This section shall in no way disqualify such relatives or their spouses who are bona fide appointive offices or employees of the city at the time of the election or appointment of said official. Section 5.4. Oath of office and bond required. Every officer, elective or appointive, before entering upon the duties of his office, shall qualify by taking his oath of office prescribed for public officers by the Constitutions of the state, and by filing the oath with the clerk, together with any bond required by statute, this Charter or by the council. In case of failure to comply with the provisions of this section within ten days from the date he is notified in writing of his election or appointment, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the council shall, be resolution, extend the time in which such officer may qualify as about set forth. Section 5.5. Surety bonds. Except as otherwise provided in this Charter, all officers of the city whose duties involve the custody of public property or the handling of public funds, either by way of receipt or disbursement or both, and all other officers and employees so required by the council shall, before they enter upon the duties of their respective offices, file with the city an official bond, in such form and amount as the council shall direct and approve.

18 Page 18 of 45 The official bond of every officer or employee whose duty it may be to receive or pay out money, shall be conditioned that he will on demand, pay over or account for to the city, or any proper officer or agent thereof, all moneys received by him as such officer or employee. The requirements of this paragraph may be met by the purchase of one or more appropriate blanket surety bonds covering all, or a group of, city employees and officers. All official bonds shall be corporate surety bonds and the premiums thereon shall be paid by the city. The clerk shall be custodian of all the bonds of all officers or employees except that the treasurer shall be custodian of any bonds pertaining solely to the clerk. Section 5.6. Delivery of effects of office to successor or superior when officer or employee ceases to hold office. Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, he shall within five days, or sooner, on demand, deliver to his successor in office or to his superior all the books, papers, money and effects in his custody that in any manner pertains to his office. Any officer violation this provision may be proceeded against in the same manner as public officers generally for a like offense under statute. Section 5.7. Declaration of vacancy in elective office. Any elective city office shall be declared vacant by the council before the expiration of the term of such office: (a) For any reason specified by statute or by this Charter as creating a vacancy in office; (b) If no person is elected to, or qualified for the office at the election at which such office is to be filled; (c) If the officer shall be found guilty by a competent tribunal of any act constituting misconduct in office under the provisions of this Charter; (d) In the case of any member of the council, if such officer shall miss four consecutive regular meetings of the council or twenty-five percent of such meetings in any fiscal year of the city, unless such absence shall be excused by the council and the reason therefor entered in its proceedings at the time of each absence; (e) If the officer is removed from office by the council in accordance with the provisions of Section 5.9. Section 5.8. Declaration of vacancy in boards or commissions. The office of any member of any board or commission created by, or pursuant to, this Charter shall be declared vacant by the council before the expiration of the term of such office: (a) For any reason specified by statute or by this Charter as creating a vacancy in office; (b) If the officer shall be found guilty by a competent tribunal of any act constituting misconduct in office under the provisions of this Charter;

19 Page 19 of 45 (c) If the officer shall miss four consecutive regular meetings of a board or commission or twenty-five percent of such meetings in any fiscal year of the city, unless such absence shall be excused by the board or commission and the reason therefor entered in the proceedings at the time of each absence; (d) If the officer is removed from office by the council in accordance with the provisions of Section 5.9. Section 5.9. Removal from office. Removals by the council of elective officers or of members or boards of commissions shall be made for either of the following reasons: (a) For any reason specified by statute for removal of city officers by the governor. (b) For any act declared by this Charter to constitute misconduct in office. Such removals by the council shall be made only after a hearing of which the officer has been given notice by the clerk at least ten days in advance, either personally or by certified mail, addressed to him at his last known place of residence. Such notice shall include a copy of the charges against the officer. The hearing shall afford an opportunity to the officer, in person or by attorney, to be heard in his defense, to cross-examine witnesses and to present testimony. If the officer shall neglect to appear at the hearing and answer the charges, his failure to do so may be deemed cause for his removal. A majority vote of the members of the council in office at the time, exclusive of any member whose removal is being considered, shall be required for any such removal. Section Resignations of elective and appointive officers. Resignations of elective officers and of members of boards and commissions shall be made in writing and filed with the clerk and shall be acted upon by the council at its next regular or special meeting following receipt thereof by the clerk. Resignations of appointive officers shall be made in writing to the appointing officer or body and shall be acted upon immediately. Section Filling vacancy in council. Any vacancy in the council which occurs more than fifty-nine (59) days before the next regular city election may be filled within sixty (60) days by a majority of the members of the council then in office. Said appointment shall be for a term expiring on the date of the regular meeting following the next regular city election at which election such vacancy shall be filled for the balance of the unexpired term through the regular election procedure as provided elsewhere in this Charter. Section Filling vacancies in offices. Vacancies in appointive offices shall be filled in the manner provided for making the original appointment. In the case of members of boards and commissions appointed for a definite term, such appointments shall be for the unexpired term.

20 Page 20 of 45 Vacancies in elective offices shall be filled by appointment by the city council until the next regular city election, when the vacancy shall be filled by election for the residue of the official term. Editor's note -- Section 5.12 was approved by the city council on July 19, 1976, published in the newspaper on October 14 and 21, 1976, approved by a vote of the people on November 2, 1976, and filed with the Michigan secretary of state under the date of December 20, Section Changes in term of office or compensation. Except by procedures provided in this Charter, the terms of office of the elective officers and of members of boards and commissions appointed for definite terms shall not be shortened. The terms of elective officers of the city shall not be extended beyond the period for which any such officer was elected except that an elective officer shall, after his/her term has expired, continue to hold office until his/her successor is elected and has qualified. The council shall not grant or authorize extra compensation to any officer or employee after the service has been rendered. (Charter Amend. Res. of , 2) Section Compensation of employees not provided for by Charter; bona fide expenses incurred in service of city. (a) The compensation of all employees and officers of the city whose compensation is not provided for herein, shall be fixed by the council within the limits of budget appropriations, and in accordance with any pay plan adopted by the council. Compensation for officers and the adoption of a pay plan shall be by ordinance. (b) Nothing contained in this section shall prohibit the payment of necessary bona fide expense incurred in service in behalf of the city. Section Group insurance for officers and employees. The council shall have the power to make available to the administrative officers and employees of the city and its departments and boards any recognized standard plan of group life, hospital, health, or accident insurance either independently of, or as a supplement to, any retirement plan provided for said officers and employees. Section Employees retirement system. The council may provide for a retirement system for the city employees. Section Merit system for employees. The council may provide for a merit system for city employees.

21 Page 21 of 45 CHAPTER VI. Council: Procedures, Powers and Duties. Section 6.1. Regular meetings. The council shall provide for the time and place of its regular meetings and shall hold at least two (2) such meetings each month. Section 6.2. Special meetings. Special meetings shall be called by the clerk on the written request of the mayor, or any two members of the council on at least six (6) hours' written notice to each member of the council served personally or left at his usual place of residence, but a special meetings may be held on shorter notice if all members of the council are present or if the absent members of the council have waived notice thereof in writing. Section 6.3. Business of special meetings. No business shall be transacted at any special meetings of the council unless the same shall have been stated in the notice of such meetings. However, any business which might lawfully come before a regular meetings may be transacted at such special meeting if all the members present consent thereto. Section 6.4. Meetings to be public. All regular and special meetings shall be open to the public and citizens shall have a reasonable opportunity to be heard. Section 6.5. Quorum. Three (3) members of the council shall be a quorum for the transaction of business at al meetings of the council. In the absence of the council. In the absence of a quorum, any number of members less than a quorum may adjourn any regular or special meeting to a later date. Section 6.6. Attendance; conduct; sergeant-at-arms. Any three or more members of the council may be vote either request or compel the attendance of its members and other officers of the city at any meeting. Any members of the council or other officer, who when notified of such request for his attendance, fails to attend such meeting for reasons other than confining illness or extenuating circumstances shall be deemed guilty of misconduct in office unless excused by the council. The presiding officer shall enforce orderly conduct at meetings and any councilman or other officer who shall fail to conduct himself in an orderly manner at any meeting shall be deemed guilty of misconduct in office.

22 Page 22 of 45 Any police officer designated by the presiding officer of the meeting shall serve as the sergeant-at-arms of the council in the enforcement of the provisions of this section. Section 6.7. Organization, rules and order of business. The council shall determine its own organization, rules and order of business subject to the following provisions: (a) A journal of the proceedings of each meeting in the English language shall be kept by the clerk, and shall be signed by the presiding officer and clerk of the meeting. (b) A vote upon all ordinances and resolutions shall be taken by "yes" and "no" vote, and entered upon the records, except that where the vote is unanimous it shall only be necessary to so state. (c) No member of the council shall vote on any question in which he has a financial interest, other than one common public interest, or on any question concerning his own conduct, but on all other questions each member who is present shall vote when his name is called unless excused by the majority consent of the remaining members present. Any member refusing to vote except when not so required by this paragraph, may be guilty of misconduct in office. (d) In all roll call votes the names of the members of the council shall be called in alphabetical order, and the name to be called first shall be advanced one position alphabetically in each successive roll call. Section 6.8. Investigation into conduct of office, employee, etc.; power to summon and compel attendance of witness and production of evidence. The council or any person or committee authorized by it for the purpose, shall have power to inquire into the conduct of any department, office, officer or employee of the City of Fremont, and to make investigations as to matters in which the municipality has an interest. The council, for the purpose stated herein, may summon witnesses, administer oaths, and compel the attendance of witnesses and the production of books, papers, and other evidence. Failure on the part of any officer to obey such summons or to produce books, papers, and other evidence as ordered under the provisions of this section shall constitute misconduct in office. Failure on the part of any employee to obey such summons or to produce books, papers, or other evidence as ordered under the provisions of this section, shall constitute a violation of this Charter and such employee when found guilty of such violation by a competent tribunal may be punished by a fine of not to exceed five hundred dollars, or imprisonment not to exceed ninety days, or both, in the discretion of the court. It is provided further that, in case of failure on the part of any person to obey such summons or to produce such books, papers, and other evidence as so ordered, the council may invoke the aid of the Circuit Court of Newaygo County in requiring obeyance of such summons or production of such books, papers, and other evidence. Section 6.9. Public peace, health and safety; composition and powers of board of health.