All legislative or policy forming powers of the city shall be vested in, exercised, and determined by the council consisting of the mayor and the eight councilmen of the city. In all cases where the word council is used in this Charter, the same shall mean the "common council" of the City of Holland and shall be synonymous with any term employed in any state or federal law referring to legislative or governing bodies of cities.
[Amend. No. 20, 11-6-1984; amend. of 11-19-2004]
Unless modified by a primary election pursuant to Sec. 11.5 of the Charter, at each regular city election, there shall be elected, by the electors of the city at large, a mayor and one councilman from the city at large. One councilman shall be nominated and elected from each of the three of the six wards of the city. Councilmen to be elected from the wards of the city at any election shall be nominated by the electors of their respective wards at the primary election preceding such election. The mayor and one councilman from the city at large shall be nominated by the electors at large at the primary election preceding such regular city election. At the regular city election held in the year 1953, and at the regular city election every fourth year thereafter, councilmen shall be elected from the first, third, and fifth wards of the city. At each other regular city election, councilmen shall be elected from the second, fourth, and sixth wards of the city. The person elected to the office of mayor shall hold office for a term of two years. Each councilman shall hold office for a term of four years. All such terms of office shall commence on and date from the Monday next following the date of the regular city election at which they are elected or on the date the regular city election would have been conducted except for the provisions of Sec. 11.5 of the Charter.
The council shall be the judge of the eligibility and qualification of its own members, subject only to review by the courts.
The mayor and each councilman shall be compensated for his service to the city at the rate of $5 per meeting of the council actually attended by him, but not to exceed the sum of $180 in any fiscal year of the city. The mayor shall also receive $100 per year in addition to the compensation received by him as a member of the council. Such compensation shall be paid quarterly in each case, and, except as otherwise provided in this Charter, shall constitute the only compensation which may be paid to the mayor and to members of the council for the discharge of any official duty for or on behalf of the city during their terms of office.
Upon authorization of the council, reasonable expenses may be allowed to its members when actually incurred on behalf of the city.
(a) 
Insofar as required by law, and for all ceremonial purposes, the mayor shall be recognized as the executive head of the city and shall preside over all meetings of the council and preserve order thereat and shall have and exercise all powers granted to mayors of cities by state law and by this Charter.
(b) 
He shall be a conservator of the peace, and may exercise within the city the powers conferred upon sheriffs to suppress disorder, and shall have the power 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 disorderly conduct.
(c) 
He shall authenticate by his signature such instruments as the council, this Charter, or the laws of the State of Michigan or of the United States shall require.
The council shall, at its first regular meeting following each regular biennial city election, select one of its members to serve as mayor pro tem. The mayor pro tem shall perform the duties of the mayor when, on account of absence from the city, disability, or otherwise, the mayor is temporarily unable to perform the duties of his office, and shall succeed to the office of mayor in case of vacancy in that office. The mayor pro tem shall preside over the meetings of the council during the absence of the mayor, at the call of the mayor, and when the council is convened as a committee of the whole. In the event that a vacancy occurs in the office of mayor pro tem, through advancement to the office of mayor, the council shall appoint one of its elected members to fill such vacancy. Until such time as the council shall so appoint a mayor pro tem, the line of succession of persons who shall act as mayor shall be councilmen according to the numerical order of the wards from which they were elected.
(a) 
Regular meetings. The council shall provide by resolution for the time and place of its regular meetings and shall hold at least two regular meetings each month. If any time set for the holding of a regular meeting of the council shall be a holiday, then such regular meeting shall be held at the same time and place on the next secular day which is not a holiday.
(b) 
Special meetings—Generally. Special meetings of the council may be called by the clerk on the written request of the mayor, the city manager, or any two members of the council, on at least six hours written notice to each member of the council, designating the time, place, and purpose of such meeting and served personally or left at his usual place of residence by the clerk or someone designated by him. Notwithstanding the foregoing requirements for the calling of special meetings, any special meeting of the council at which all members of the council are present, or, in the event that one or more of the members may be absent, such member or members have, upon receipt of notice, waived in writing, the requirement that notice may be given at least six hours prior to the time specified for the holding of such meeting, shall be a legal meeting; provided, that a quorum of the council is present.
(c) 
Same—Transaction of business. No business shall be transacted at any special meeting of the council unless the same has been stated in the notice of such meeting.
(d) 
Meetings to be public; citizens to be heard. All regular and special meetings of the council shall be open to the public and the rules of order of the council shall provide that citizens shall have a reasonable opportunity to be heard.
(e) 
Quorum. Five members of the council shall be a quorum for the transaction of business at all meetings of the council, but 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.
(f) 
Rules; journal; voting; public access to records. The council shall determine its own rules and order of business and shall keep a journal in the English language of all its proceedings which shall be signed by the clerk, and by the mayor after approval thereof by the council. The vote upon the passage of all ordinances, and upon the adoption of all resolutions shall be taken by "Yes" or "No" votes and entered upon the record, except that where the vote is unanimous, it shall only be necessary to so state. The public shall have access to the minutes and records of all regular and special meetings of the council at all reasonable times.
(g) 
Each councilman shall be required to attend all meetings of the council. The council may compel the attendance of its members and other officers of the city at its meetings, and may enforce such fines for nonattendance, in such manner as may, by ordinance, be prescribed. Any member of the council, or other officer of the city, who refuses to attend such meetings or conduct himself in an orderly manner thereat shall be deemed guilty of misconduct in office. The police chief, or such other person as the council shall designate, shall serve as the sergeant-at-arms of the council in the enforcement of the provisions of this section and of section 4.5(a) of this chapter.
(h) 
Except as otherwise provided in this Charter, a councilman shall vote on each question before the council for a determination, unless excused therefrom by a vote of at least seven of the members of the council.
Through the established departments and agencies of the city government, together with any such departments or agencies as may be created under authority of this Charter, the council shall provide for the public peace, health, and recreation, and for the safety of persons and property.
The council shall constitute the board of health of the city, and shall possess all powers, privileges, and immunities granted to boards of health by state law. The mayor shall be president and executive officer and the clerk shall be the secretary of the board of health. All actions taken by the council in the exercise of the powers herein conferred shall be deemed to be actions in its capacity as the board of health.
The council shall, by ordinance, prescribe the terms and conditions upon which licenses may be granted, suspended, or revoked, and may require and exact payment of such reasonable sums for licenses, as it may deem proper, of persons receiving such license from the city. When required by ordinance, the person or persons receiving any such license shall, before the issuance thereof, execute a bond to the city in such sum and with such securities as shall be prescribed in such ordinance, conditioned for the faithful observance of the ordinance under which the license is granted and each other ordinance of the city, the provisions of which may be applicable to the exercise of such license.
Except as otherwise provided in this Charter, the council shall be charged and entrusted with all responsibilities for the control of the parks, sewers, sewage system and plants, and other public improvements and works of the city, whether the same were in existence at the time this Charter became effective or may be thereafter acquired.
The council shall have power to enact all ordinances deemed necessary for the establishment, maintenance, and protection of cemeteries, together with improvements thereon and appurtenances thereto, owned or hereafter acquired by the city either within or without its corporate limits. All ordinances pertaining to public health and welfare in the regulation and protection of public cemeteries shall apply equally to all cemeteries within the city belonging to or under the control of, any church or religious society, or any corporation, company, or association. The city may cause any bodies buried within the city, in violation of any rule or ordinance made in respect to such burials, to be taken up and reburied in such a manner as shall conform to the ordinances of the city. A plan for the platting, sale, and perpetual care of all lots, plots, and lands therein shall be provided.
Except insofar as limited by state law and the provisions of this Charter, the council shall have power to establish, vacate, use, control, and regulate the use of its streets, alleys, bridges, and public places, whether such public places be located within or without the limits of the city, and the space above and beneath them. Such power shall include, but not be limited to, the proper policing and supervision thereof; the licensing and regulation, or the prohibition of the placing of signs, awnings, awning posts, and other things which are of such nature as to impede or make dangerous the use of sidewalks or streets of the city; and the licensing and regulation of the construction and use of openings in the sidewalks or streets, and all vaults, structures, and excavations under the same. When the council shall deem it advisable to vacate, discontinue, or abolish any public place, street, or alley or any part thereof, it shall, by resolution, so declare and, in such resolution, shall appoint a time, not less than 30 days thereafter, when the council shall meet and hear objections thereto. Notice of such hearing and of the purpose thereof shall be published not less than once in each of the three calendar weeks preceding such hearing in one of the newspapers of the city. Objections to such declared action of the council may be filed with the clerk, in writing. If any such objection shall be filed, such public place, street, or alley, or part thereof, shall not be vacated, discontinued, or abolished, except by affirmative vote of six members of the council.
The council may, in its discretion, receive and hold any gift or bequest made to the city or any officer, board, or department thereof for any municipal purpose and shall apply the same in accordance with the terms and conditions, if any, of such gift and may, by contract or otherwise, if permitted by or consistent with the terms of the gift or bequest, transfer any such gift or bequest to or permit such gift or bequest to remain in the hands of any person, group of persons, or corporation to administer the same for the benefit of the city or any board or department thereof in accordance with the terms and conditions of such gift or bequest.
The council shall have the power to acquire for the city by purchase, gift, condemnation, lease, construction, or otherwise, either within or without the County of Ottawa, property of every type and nature which may be required for or incidental to the present or future exercise of the purposes, powers, and duties of the city government established in this Charter.
The council shall be responsible for the control of letting and making of contracts and shall provide by ordinance the necessary procedures governing purchasing and making of contracts. Such ordinance shall specify an amount below which and the purposes for which purchases may be made by the city administration, either without specific authorization, or without the necessity of formal competitive bidding, or both. The council, in its discretion, shall have the right to reject any and all bids on work or on the furnishing of materials for the city.
(a) 
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 any park, cemetery, or any part thereof, except where such park is not required under an official master plan of the city, or any property bordering on a water front, or to engage in any business enterprise requiring an investment of money in excess of $0.10 per capita, unless approved by 3/5 of the electors voting thereon at any general or special election.
(b) 
Except in those cases where a larger majority is required by state law or the provisions of this Charter, no ordinance or resolution shall be adopted or passed, nor shall any appointment be made, nor any person removed from office, as required or permitted by this Charter, except by the affirmative vote of at least five members of the council.
(c) 
There shall be no standing committees of the council; but this provision shall not be construed to prohibit the appointment by the mayor, with the approval of the council, of any temporary special committee to make or perform any investigation or act required by the council to be made or performed.
The council, or any committee authorized by it for the purpose, shall have the power to inquire into the conduct of any department, office, or officer of the city and to make investigations as to municipal affairs, and for that purpose may summon witnesses to appear before the council or such committee of the council to give information under oath pertinent to such inquiry, administer oaths, and require the production of books, papers, and other evidence. Any officer or employee of the city who shall fail or refuse to obey such summons or to produce books, papers, or other evidence as ordered under the provisions of this section, shall, on conviction thereof in any court of competent jurisdiction, be subject to a fine of not more than $100, or imprisonment, for not more than 90 days, or both, in the discretion of the court.