Generally.

65. Section 1. The legislative authority of the city shall be vested in a council of the mayor and six (6) councilmen.

Mayor to preside; power to vote.

66. Section 2. The mayor shall preside at the meetings of the council, but shall have no vote therein, except in case of a tie. A tie shall be deemed to exist, giving the mayor the right to vote, whenever there are three (3) votes for or against a question before the council, regardless of the number of the contrary votes. Editor's note—The above section appears as amended by the electorate on April 3, 1950 by a vote of 5139 to 2949.

Chairman pro tempore.

67. Section 3. At the meeting of the council on the second Monday of April in each year, or as soon thereafter as may be, the council shall appoint one of its number chairman pro tempore of the council, who in the absence of the mayor shall preside at the meetings thereof and exercise the powers and duties of mayor. In the absence of the mayor and chairman pro tempore, the council shall appoint one of its number to preside with the powers and duties of presiding officer.

Judge of qualifications of members.

68. Section 4. The council shall be judge of the election and qualifications of its own members, subject only to review by the courts in cases of contest.

Regular meetings; special meetings; meetings to be public.

69. Section 5. The council shall meet in regular session, at the council chambers in the city hall, at least once each week as a committee of the whole, for the purpose of receiving communications, complaints, petitions and reports, holding public hearings and discussing pending matters and shall meet in regular session at least once each week, in the evening. The mayor or any three (3) members of the council, may call special meetings thereof, notice of which, in writing, shall be given to each member of the council, or left at his place of residence, at least twelve (12) hours before the meeting. All meetings of the council or any committee thereof shall be public.

Editor's note—The above paragraph appears as amended by the electorate on April 3, 1950 by a vote of 4872 to 3068.
State law reference—Mandatory that charter provide for public meetings, MCL § 117.3(1), MSA § 5.2073(1).

 

Quorum, two-thirds vote required for certain purposes.

70. Section 6. A majority of the council elect, exclusive of the mayor, shall constitute a quorum for the transaction of business; but a less number may adjourn from time to time and all pending business and business noticed and set down for hearing at such meeting shall be taken up and heard at such adjourned meeting without further notice, and the members present may compel the attendance of absent members in such manner as shall be prescribed by rules or ordinance. But no office shall be created or abolished, nor any tax or assessment be imposed, street, alley, or public ground be vacated, real estate or any interest therein purchased, leased, sold or disposed of, or private property be taken for public use, unless by a concurring yea and nay vote of two-thirds of the council elect, exclusive of the mayor, nor shall any vote of the council be reconsidered or rescinded at a special meeting, unless there be present as many councilmen as were present when such vote was taken. No money shall be appropriated except by ordinance or resolution of the council; nor shall any resolution be passed or adopted except by the vote of a majority of the council elect, except as otherwise herein provided.

Record of meetings, all actions to be by written resolution or ordinance.

71. Section 7. The council shall prescribe the rules of its own proceedings and keep a record or journal thereof in the English language; provided, however, that the rules of procedure of the preceding council shall be followed until changed. All votes shall be taken by yeas and nays, and be so entered upon the journal as to show the names of those voting in the affirmative and those in the negative, and with ten (10) days after any meeting of the council, all the proceedings and votes taken thereat shall be published in one of the newspapers of the city. All proceedings of the council shall be by resolution except where, by the provisions of this charter, an ordinance must or may be passed. Every resolution or ordinance shall be reduced to writing and read before a vote is taken thereon.

Power of council to compel attendance of members, punish members for disorderly conduct, etc.

72. Section 8. The council may compel the attendance of its members and other officers of the city at its meetings in such manner, and may enforce such fines for nonattendance, as may by ordinance be prescribed; and may by ordinance prescribe punishment for any misbehavior, contemptuous or disorderly conduct by any member or any person present at any session of the council.

Participation and attendance by elective or appointive officers.

73. Section 9. Any elective or appointive officer of the city may take part in all proceedings and deliberations of the council on all subjects relating to their respective departments, subject to such rules as the council shall from time to tune prescribe, but without the right to vote. Said officers may be required to attend the meetings of the council in the same manner as members.

Control of finances and property.

74. Section 10. The council shall have control of the finances and of all property of the city, except as may be otherwise provided by this charter or by law.

Auditing and allowing accounts.

75. Section 11. The council shall audit and allow all accounts chargeable against the city, except as herein otherwise provided, but no account or claim or contract shall be received for audit or allowance unless it shall be accompanied with a certificate of an officer of the corporation, or an affidavit of the person rendering it, to the effect that he verily believes that the services therein charged have been actually performed or the property delivered for the city, that the sums charged therefor are reasonable and just, and that to the best of his knowledge and belief, no sets-offs exist, nor payment has been made on account thereof, except such as are endorsed or referred to in such account or claim, and every such account shall exhibit in detail all the items making up the amount claimed, and the true date of each. It shall be a sufficient defense in any court, to any action or proceeding for the collection of any demand or claim against the city for personal injuries or otherwise, that it has never been presented, certified to or verified as aforesaid, to the council for allowance; or if such claim is founded on contract that the same was presented without the affidavit or certificate as aforesaid, and rejected for that reason; or, that the action or proceeding was brought before the council had a reasonable tune to investigate and pass upon it.

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