Copyrighted by MIDLAND CHARTER & Municipal Code Corporation, 1998.

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Sec. 4.7. Restriction on powers of the council.

(a) Neither the Council, nor any of its committees or members, shall direct or request the appointment of any person to, or his removal from, any city office or employment by the City Manager or any of his subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately. Any violation of the provisions of this section by a Councilman shall constitute misconduct in office.

(b) There shall be no standing committees of the Council.

(c) The Council shall not have the power to make any contract with or give any official position to any person who is in default to the city. Further, the Council shall not have the power to sell real or personal property of a value in excess of eighteen (18) dollars per capita, said dollar amount to be adjusted annually according to the Consumer Price Index (CPI-U, all items), or any park, cemetery, or any part thereof, or any property bordering on a waterfront, or vacate any street or public place leading to a waterfront, or engage in any business enterprise requiring an investment of money in excess of ten cents per capita, unless approved by three-fifths (3/5) of the electors voting thereon at any general or special election. The per capita rate shall be as reported in the last preceding Federal census.

(d) Except as otherwise provided in this charter, no ordinance or resolution shall be adopted or passed except by the affirmative vote of at least three (3) members of the Council.

(Amd. of 8-11-97(1))


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