A reasonable charge by a surety company for qualifying upon City to pay such bonds shall be paid by the city.

cost of surety

Whenever in this charter specific provisions are made relating to bonds. the bond of any particular officer or person, such provisions, if differing from or conflicting with any of the provisions in this section mentioned, shall be controlling in so far and in so far only as they may differ or conflict.

to receive

Section 21. Except as in this Charter otherwise specifically Officers not provided, no Officer, Clerk, Assistant or Employee shall either profit other directly or indirectly receive any commission, money or thing of than salary. value, or derive any profit, benefit or advantage, direct or indirect, from or by reason of any dealings with or services for the city, by himself or others, or from or by reason of any alterations, improvements, or repairs required or done by authority of the city, except his lawful compensation as such Officer, Clerk, Assistant or Employee and except his share of the public benefit.

No Officer, Clerk, Assistant or Employee, shall accept, directly Officers not to accept or indirectly, from the holder of any public utility franchise in the pass. city, any frank, free ticket, free service, or other service upon terms more favorable than those granted to the public generally. This prohibition shall not extend to nor be construed to prohibit the city from requiring from or receiving from any person or corporation owning or operating or applying for a franchise, to construct or operate any street car line within the city, free transportation for any of the Officers, Clerks, Assistants or Employees of the city while in the actual discharge of their duties, such free transportation to be furnished to the proper officers of the city for distribution to such employees; nor shall this prohibition be construed to apply or extend to telephone service or use by the city of poles, wires or conduits required from any telephone company by the terms of any franchise which has been or may hereafter be granted by the city. Any violation of this section shall be grounds for removal of the offender from office.

Section 22. All appointive Officers and Employees of the city Qualificashall be selected or appointed with reference to their qualifications tion. and fitness, and for the good of the public service.

records.

Section 23. (a) All books, records and papers of every office, Public department, board or commission, shall be public records and city property and must be kept as such by the proper officers or employees during their continuance in office, and then delivered to their successors, who shall give duplicate receipts therefor, one of which shall be filed with the City Clerk. The wilful failure to deliver such books, records and papers shall be punished by fine not exceeding $500.00, or imprisonment in the County Jail not exceeding ninety days or both such fine and imprisonment, in the discretion of the court.

Certified copies.

Equipment

to be

city.

(b) Certified copies or extracts from the books, records and files shall be given by the Officer, Board, Commission or Employee having the same in custody, to any person demanding the same and paying for such copies or extracts; but the records of the Police Department shall not be subject to inspection or copy without the permission of the Commissioner of Health and Safety.

(c) All equipments, collections, models, materials, instruments, property of tools and implements which are collected, maintained, used or kept by the city, or by any department, board or commission, shall be city property, and, duly turned over by the custodian thereof to his successor, or duly accounted for.

Hours of duty.

Misconduct in office.

Salaries to be full compensation.

Legislative

powers

vested in Council.

Mayor to be president. Vice-president.

Qualification rules and

Section 24. The Mayor and Commissioners shall devote their entire time to the duties of their offices and all other persons holding any office or employment under the city, whether elective or appointive, shall be required to devote such part of their time to the duties of their offices as shall be designated and provided by ordinance, and a failure so to do shall be ground for removal from office. Section 25. For gross misconduct or malfeasance in office, the officer guilty thereof, shall be personally responsible for all damages accruing thereby, either to the city, or to any person, firm or corporation.

Except as in this Charter otherwise specifically provided, the salaries fixed in this Charter for elective and appointive officers shall be considered their full compensation for all duties performed by them, whether as such officers, or as commissioners of any department, or otherwise, and all moneys received by any official (other than his salary) for the performance of any duties in 'connection with his office, or by reason of holding such office, shall be turned over by him to the city.

ARTICLE III.

The Council.

Section 26. The legislative powers of the city shall be vested exclusively in a Council which shall consist of the Mayor and four Councilmen.

The

Section 27. The Mayor shall be President of the Council, and when present, shall preside at all meetings of the Council. Council shall elect one of its members to be Vice-President, who, during the absence or disability of the Mayor, or while any vacancy exists in the office of the Mayor, shall possess all the powers and perform all the duties of the Mayor.

Section 28. The Council shall be the sole judge of the qualificajournal. tions and election of its members and shall establish rules for its government, keep in the English language a journal of its proceedings,

which shall be a public record, and provide for the publication of the same. Voting in the Council on all questions shall be by roll Voting. call, and the names of members voting shall be entered in the journal by ayes and nays. No business of any nature whatsoever shall be transacted except on the vote in the affirmative of at least three members of the Council, and at least four votes in the affirmative shall be required to pass ordinances fixing the salaries of Clerks and Employees.

Section 29. On the Monday following municipal election, the Meetings. Council shall meet, at which time the newly elected Councilmen shall assume the duties of their office.

The Council shall meet at such other times as it may by ordinance or resolution determine, provided, that it shall meet in legislative sessions at least weekly.

Special legislative meetings of the Council shall be called by the City Clerk upon the written request of the Mayor or any two Councilmen; said request to state the subjects to be considered at the meetings and no other subject shall be considered at such meeting. All the meetings of the Council shall be public.

Section 30. A majority of all the members of the Council shall Quorum. constitute a quorum to do business, but a less number can adjourn from day to day, or until the next regular meeting, and may compel the attendance of absent members in such manner as the Council may by ordinance or resolution provide.

The City Clerk shall be the clerk of the Council and of the Board City Clerk. of Estimates, and shall, with the Mayor, sign and attest all ordinances and resolutions.

acts by

Section 31. (a) The legislative acts of the Council shall be by Legislative ordinance, and no ordinance shall embrace more than one object ordinance. which shall be expressed in its title. The enacting clause of every ordinance shall be, "Be it Ordained by the City of Saginaw." Every member, when present, must vote, and every ordinance shall require, on final passage, the affirmative vote of at least three members.

(b) No ordinance shall be passed finally on the date of its in- Passage of ordinance. troduction, except in the case of public emergency, and then only when requested by the Mayor or two Councilmen, in writing, which request shall be filed with the City Clerk. No ordinance making a grant of any franchise or special privilege shall ever be passed as an emergency measure.

(c) All ordinances shall within five days after their passage be Publication. published once in the official newspaper of the city. Ordinances making tax levy or appropriations, those relating to local improvement districts, and ordinances for the immediate preservation of the public peace, health and safety, shall take effect immediately after publication. All other ordinances shall take effect at the expiration

Ordinance record.

Money ordinance.

Amending ordinance.

Appropriations to be by ordin

ance.

Erection of

of buildings in streets prohibited.

of ten days from such publication, subject always to the provisions of Article XIX of this Charter, provided, however, that ordinances for the preservation of public peace, health and safety shall contain a statement of their urgency, and provided further that no ordinance granting a franchise shall become effective until after the expiration of thirty days from the date of its publication.

(d) Every ordinance, after its passage, shall be recorded in a book to be called "Ordinance Record," kept for that purpose, which record of each ordinance shall be authenticated by the signature of the Mayor and attested by the City Clerk. All laws, regulations, ordinances and proceedings of the Council may be read in evidence in all courts of justice, and in all proceedings before any officer, board or body in which it shall be necessary to refer thereto; either, First, From a copy certified by the Clerk of the City, with the seal of the City of Saginaw affixed;

Second, From the volume of ordinances printed by authority the Council; or

Third, From the volume of the official printed proceedings of the Council, signed by the Clerk, with the seal of the City of Saginaw affixed.

(e) No ordinance obligating the city for the payment of more than one thousand ($1,000.00) dollars, or vacating any street, highway or alley, or any part thereof, shall be passed before the second regular legislative meeting of the Council after its introduction, nor until read in full at two regular legislative meetings of the Council. (f) No ordinance or section thereof shall be revised or amended, except by ordinance adopted in the manner provided in this charter, which new ordinance shall contain the entire ordinance or section as amended; and shall repeal the ordinance or section so amended; nor shall the Council, by resolution or motion, exempt any person or corporation from the provisions or requirements of any ordinance, nor suspend any ordinance or portion thereof, except by another ordinance repealing the same, and no ordinance or section thereof shall be repealed, except by ordinance adopted in the manner provided in this charter..

Section 32. All appropriations of money shall be by ordinance, and no money shall be drawn from the treasury except in pursuance of an appropriation; provided, always, that where a fund has been created to be expended for a specific purpose, the same may be paid as therein provided, by order of the Council, upon recommendation of the commissioner of the department for which the fund was created.

Section 33. The Council shall not allow or permit the erection of any house, building, booth, stand, or like structure, in any street, avenue or alley, within the limits of the city; provided, that this

section shall not apply to drinking fountains; and provided, further, that the Council may permit such temporary structures, and such temporary use of the streets as may be desirable for any civic celebration.

create

Section 34. The Council shall, consistent with the provisions of Council to this charter, create any office, position or employment, that may in necessary its opinion be necessary or expedient, and fix the salaries and duties offices. thereof. It may at any time abolish the same, whereupon the salary attached thereto shall cease.

to lowest

Section 35. The Council shall let such city printing as from City printing time to time may be necessary, to the lowest and best bidder, on bidder. such terms as shall be for the best interests of the city.

paper.

Section 36. The Council shall annually let the contract for the Proceedings to be pubpublication of all proceedings, ordinances, resolutions and all doings lished in a or matters required to be published, to a daily newspaper in the daily newsof Saginaw, the owners of which newspaper shall give a bond in such sum as the Council shall determine, for the faithful performance of such contract. Such newspaper shall be designated as the official newspaper of the City of Saginaw. All slips and proceedings shall be paged and ready for binding, including three copies on extra heavy paper for official record. When the proceedings of the Council or any board at any one meeting shall exceed in length, six columns of twenty inches in length, the publisher of the paper shall be allowed to publish the amount in excess of six columns in the next succeeding issue, except when otherwise directed by the Council.

ARTICLE IV.
Mayor

chief execu

Section 37. The Mayor shall be the chief executive officer of Mayor to be the City of Saginaw; shall be a member of the Council, and it shall tive officer be his duty to participate in all proceedings of the Council, and and member when present, vote on all questions coming before the Council.

of council.

observe

Section 38. He shall vigilantly observe the official conduct of Mayor to all public officers and take note of the fidelity and exactness, or the conduct of all want thereof, with which they execute their duties and obligations, officers and employes. especially in the collection, custody, administration and disbursement of the public funds and property; and the books, records and official papers of all departments, boards, officers and persons in the employ or service of the city, shall at all times be open to his inspection, and examination; and a failure or refusal of any such officers, clerks, assistants, or employees to exhibit books or papers or records, so required, shall be ground for removal. He shall take special care to see that the books and records of said departments, boards, officers and persons are kept in legal and proper form; and any official defalcation or wilful neglect of duty or official