Charter City of Battle Creek

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PREAMBLE We, the people of the City of Battle Creek, Michigan, in order to secure the benefits of efficient self-government and to promote our common welfare, do hereby enact and establish this Charter.

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CHAPTER 1: INCORPORATION AND POWERS Section 1.1. Incorporation The Municipal corporation now existing and known as the "City of Battle Creek," 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 Battle Creek." Section 1.2. Boundaries. The City shall embrace the territory constituting the City of Battle Creek, on the effective date of this Charter as described in Exhibit A attached hereto and made a part hereof by this reference, together with such annexations thereto and less such detachments therefrom as may be made from time to time. Upon annexation or detachment of territory, the boundaries shall be deemed thereby changed without amendment of this Section. Section 1.3. Powers The City of Battle Creek is hereby vested with and may exercise any and all powers which cities are now, or may hereafter be, required or permitted to exercise or to provide for in their charters as fully and completely as though said powers were specifically enumerated herein, except for such limitations and restrictions as are provided in this Charter, and no enumeration of particular powers in this Charter shall be held to be exclusive. CHAPTER 2: COMMISSION Section 2.1. Powers There is hereby created a City Commission which shall have full authority, except as otherwise provided herein or by general law, to exercise all of the powers conferred upon the City, to adopt all ordinances, resolutions or other measures relating to its Municipal concerns, and to otherwise govern its affairs. Section 2.2. Composition The City Commission shall be composed of nine (9) members, except as hereinafter provided in Section 2.5. If all the Commissioners are elected at large, the terms and elections shall be as set forth in Section 2.4, except each April there shall be elected five City Commissioners, plus such number as may be necessary to fill vacancies as hereinafter mentioned. They shall be elected from one general ballot or list and each elector may vote for as many candidates as there are offices to be filled. The persons receiving the four highest numbers of votes shall be deemed elected for terms of two years. The fifth and any remaining

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offices shall be filled by those persons having the next highest number or numbers of votes for terms of one year each. (Amended August 7, 1984) Section 2.3. Qualifications No person shall be eligible to be elected or appointed to the office of At-Large City Commissioner unless that person is a registered elector in the City or any annexed area. No person shall be eligible to be elected or appointed to the office of Ward City Commissioner unless that person is a registered elector in the City or any annexed area and resides in the ward for which that person is a candidate. The office of Ward City Commissioner shall be deemed vacant if the Ward City Commissioner removes his residence from the ward during his term of office. (Amended April 1, 1985) Section 2.4. Election and Terms On the first Monday of April in each year, there shall be an election of City Commissioners as may be necessary to fill vacancies as hereinafter mentioned. Terms shall be for a period of two (2) years, except that in the election to be held in April, 1985, the five (5) Ward Commissioners shall be elected for one (l) year and the four At-Large Commissioners shall be elected for terms of two (2) years. Thereafter five (5) Ward Commissioners shall be elected for terms of two (2) years in the even numbered years and the four At-Large Commissioners shall be elected for terms of two (2) years in the odd-numbered years. For At-Large Commissioners there shall be one general At-Large ballot or list for At-Large candidates and each elector may vote for as many candidates as there are offices to be filled. For Ward Commissioners there shall be a Ward list and each elector may vote for one candidate from his ward. No member of the City Commission shall, during his term of office, hold any other office or employment unless otherwise provided in this Charter. (Amended August 7, 1984) (EDITOR'S NOTE: Section 2.4 was further amended by Ordinance 24-90, passed August 28, 1990, which comprises Section 212.04 of these Codified Ordinances.) Section 2.5. Annexed Area Representation. (A) Any single area annexed to the City of Battle Creek at one time and by means of a popular vote thereon, having a population of 3,500 or more on the date of said election, shall be entitled to elect an additional member to the City Commission for a period of not less than three nor more than four years as provided in this Section. Said additional member shall have all of the rights, powers and duties of a duly elected City Commissioner and shall receive the same compensation. Said population shall be determined by the existing City Commission on a basis of such evidence as may be available including the last previous Federal census, school censuses, tax records, election records, or a special census conducted for the purpose, and its decision shall be final. A special election in the annexed area shall be called and conducted by the City Commission as soon as it is reasonably practicable after the

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effective date of the annexation. At this election prior registration records may be used if available. Subject to the provisions of this Section, the election chapter of this Charter and the State election laws shall be followed. The annexed area representative to be elected shall have been a resident of the area for at least two (2) years prior to the date of election and nominations shall be made by petition as provided in the election chapter hereof for City Commissioners. If only one person is nominated within the time limited, the City Commission shall declare such person an additional member of the City Commission and cancel the election. Said additional member shall hold office from the Tuesday following the canvass of the election of the declaration above provided to the Tuesday following the canvass of the regular April Municipal election which is conducted more than one year thereafter, at which election said additional membership shall again be voted upon for a full two-year term. At the end of the full two-year term so provided, said additional membership shall expire. Only registered electors residing within the annexed area shall be entitled to vote upon the additional membership. In filling any vacancy in such additional membership, the remaining members of the City Commission shall be limited to the selection of a person having qualifications to be a candidate for such membership. In performing the mandates of this Section, the City Commission shall act promptly and in good faith and for failure thereof, mandamus shall lie. (Amended April 1, 1985) (B) In the event of annexation to the City of Battle Creek of an entire township having a population in excess of 18,000 people at the effective date of said annexation, and in the further event the regular membership of the Commission has not increased to fourteen (14) members elected at large as hereinafter provided, the foregoing election procedure for providing annexed area representation for said annexed township shall be inapplicable, and in lieu thereof each individual serving as Township Officer and/or Trustee immediately prior to said effective date shall serve as a member of the City Commission for a period of two (2) years or until such time as his term as Township Officer or Trustee would otherwise have ended through expiration, death, resignation, or removal, whichever first occurs. Said former Township Officers and Trustees, but not their replacements, if any, while serving as City Commissioners, shall receive compensation equivalent to the compensation which they would otherwise have received as Township Officers and Trustees. The terms of City Commissioners elected at large in the second regular Municipal election following said annexation of an entire township having a population in excess of 18,000 people shall be one (1) year each. At the time of the first regular Municipal election occurring not less than two (2) years from such an annexation of an entire township having a population in excess of 18,000 people and thereafter, the Commission shall again be composed of nine (9) members elected as set forth in Section 2.2 or 2.4, whichever is appropriate. In the event of a conflict between this Section and Section 2.4, this Section shall prevail. (Amended August 7, 1984)

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(C) City Commissioners who have become Commissioners by operation of Section 2.5(B) and whose terms expire between regular City elections by the operation of Section 2.5(B) shall have their terms extended for the period of time necessary for their terms to expire at the next regular City election following their expiration under the operation of Section 2.5(B). This paragraph shall apply to former Battle Creek Township Trustees and Officers and any future Township Trustees and Officers who have become City Commissioners by operation of this Section. The compensation of such Township Officers and Trustees which shall have been continued after they became City Commissioners by operation of this Section shall terminate at the time that their township offices would have terminated but for the annexation and thereafter they shall receive compensation pursuant to this Charter. (Amended November 6, 1984) Section 2.6. Vacancies. A vacancy occurring in the City Commission shall be filled within 30 days by a majority vote of the remaining Commissioners, the appointee to hold office until Tuesday following the next regular City election; provided, that no appointment shall be made within 60 days prior to any regular City election; and provided further that, if a vacancy occurs more than 60 days next preceding a regular City election in the office of a Commissioner whose term is not then expiring, a successor shall be elected at such election for the remainder of the unexpired term, but such vacancies occurring after such date shall be filled by Commission appointment. A vacancy shall be deemed to occur upon death, resignation, recall, conviction for a felony or for a violation of the next following Section hereof, upon a finding of mental incompetence by a court having jurisdiction thereof, or failure to qualify within 7 days after notice of election has been either handed to him, or sent to him by registered or certified mail. Section 2.7. Interest No member of the City Commission, or other officer of the City, shall be interested directly or indirectly, beyond a trivial extent, in the profits of any contract, job or work or in the sale to or by the City of any land, materials, supplies or services, other than official services. Any member of the City Commission, or other officer of the City, violating this provision shall, upon conviction, be fined not more than $500, be imprisoned not more than 90 days, or both, in the discretion of the court, and shall forfeit his office. The prohibitions of this Section shall not apply if the City Commission shall declare upon its records by a unanimous vote of the members thereof, other than the member so interested, that the best interests of the City are served notwithstanding said personal interest. Section 2.8. Restriction

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Neither the City Commission nor any of its members shall dictate the appointment of any person to office or employment by the City Manager, or in any manner interfere with him in his control over the administrative service. Except for the purpose of inquiry, the Commission and its members shall deal with the administrative service solely through the City Manager and neither the Commission nor any member thereof shall give orders to any of the subordinates of the City Manager. Section 2.9 Organization and Procedure The City Commission shall meet at 7:30 p.m. on the Tuesday night following the canvass after each annual Municipal election at which time they shall be sworn and assume the duties of their office. They may establish rules of procedure and policy which shall be made public, they shall meet in public session at least twice each month at such times as may be prescribed by the rules, and a public journal of every session of their proceedings shall be kept by the Clerk in the English language. Special meetings may be called by the Mayor, Manager, or any three Commissioners on reasonable notice, the time and manner of which shall be defined in the Commission rules. The City Commission shall select from its members a Mayor and a Vice-Mayor, who shall act in the Mayor's absence or disability, and whose terms shall expire at the next annual organization meeting of the Commission. The Mayor shall preside, be recognized as executive head of the City for ceremonial purposes, and have a voice and a vote in the proceedings. A majority of the members elect shall constitute a quorum, but a majority of the members elect shall be required to adopt an ordinance, and the vote thereon shall be recorded (Amended November 2, 1993) Section 2.10 Compensation. Each member of the City Commission shall be compensated at the rate of $20 per regular or special meeting attended, but not to exceed $1,200 per year. The Mayor shall receive the sum of $50 per month in addition to his compensation as Commissioner. (EDITOR'S NOTE: On October 14, 1997, the Local Officers Compensation Commission of the City voted to increase compensation of City Commissioners to $75.00 per Commission meeting attended, and of the Mayor to $75.00 per Commission meeting attended plus $150.00 per month salary. Provision was also made for reimbursement of out-of-pocket expenses, including mileage expense of 31¢ per mile, to the Mayor and City Commissioners for expenses incurred in the course of City business and accounted for to the City.) Section 2.11. Appointments The City Commission shall appoint a City Manager, Constable and City Attorney, who shall serve at the pleasure of a majority of the membership

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of the City Commission. The City members of the County Board of Supervisors shall be residents of the City, shall be appointed by and shall serve at the pleasure of a majority of the membership of the City Commission, except that the Mayor and City Assessor shall be representatives by virtue of their offices. All such supervisors shall be entitled to retain compensation received in such capacity. Section 2.12. Public Sessions and Public Records All sessions of the City Commission and all records of the City shall be public. CHAPTER 3: ELECTIONS Section 3.1. Wards and Precincts The City of Battle Creek shall constitute five (5) wards. Wards shall be established by the City Commission including all City territory containing as near equal population in each ward as is practical and which contain contiguous and compact areas not less than ninety (90) days prior to the regular City election, and shall remain as established until such time as the population estimates for any of the five wards, based upon the latest Federal decennial census or any special census, discloses an imbalance of more than ten (10%) percent. Until the Commission shall otherwise ordain, the election precincts shall continue as now established. The inhabitants of the City having the qualifications of electors under the Constitution and general laws of the State shall be the electors therein. (Amended August 7, 1984) Section 3.2. Elections A non-partisan regular City election shall be held on the first Monday in April in each year. Special elections shall be held when called by resolution of the Commission at least fifty (50) days in advance of such election, or when required by this Charter or the general laws of the State. Such resolution shall set forth the purpose of the election. (EDITOR'S NOTE: Section 3.2 was amended by Ordinance 24-90, passed August 28, 1990, which comprises Section 212.04 of these Codified Ordinances.) Section 3.3. Nominating Petitions. Candidates for the offices of At-Large City Commissioner and Ward City Commissioner shall be nominated by petition. Nominating petitions on official blanks, circulated not more than seventy-five (75) days prior to the election, signed by not less than one hundred (100) nor more than one hundred fifty (150) registered electors of the City for the office of At-Large Commissioner, and not less than fifty (50) nor more than seventy-five (75) registered electors for the office of Ward Commissioner, shall

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be filed with the City Clerk not later than 12:00 noon on the fifth Thursday prior to the date of the City election. No elector shall sign petitions of more than the number of candidates for At-Large City Commissioner to be elected. No elector shall sign the petition of more than one Ward Commissioner, which petition must be for the ward where the signing elector resides. Official blank petitions shall be prepared by the City Clerk and shall be furnished by the Clerk upon receipt of written consent of the candidate in whose behalf petitions are requested, if that candidate has the qualifications herein required. (Amended April 1, 1985) Section 3.4. Approval of Petitions The City Clerk shall accept for filing only such nominating petitions for qualified candidates as are on official blanks and contain the required number of signatures. He shall forthwith determine the sufficiency of the signatures on each petition filed and, if he finds any petition does not contain the required number of legal signatures of registered electors, he shall forthwith notify the candidate, who may file an amended petition not later than the Tuesday noon following the day for filing the original petition. Petitions which are found by the City Clerk to contain the required number of signatures of registered electors for qualified candidates shall be marked "Approved" with the date thereof. Any candidate may withdraw by filing a signed statement to such effect not later than the Tuesday noon following the day for filing the original petition. Section 3.5. Notice Notice of the time and places of holding any election, and of the officers to be elected and the propositions to be voted upon shall, except as otherwise provided in this Charter, be given by the City Clerk at least ten (10) days before such election by publishing a copy thereof at least twice in a newspaper published or circulated in this City and, if deemed advisable by the City Commission, by posting in two or more conspicuous places in each election precinct, said first publication or posting to be made at least ten (10) days before such election. In case of a special election, the notice shall set forth the purpose of such special election as fully as is required in the resolution or petition calling for same. Section 3.6. Election Procedure The general election laws of the State shall apply to and control, as near as may be, all procedure relating to elections, except as such laws relate to political parties or partisan procedure or require more than one publication of notice and except as otherwise provided in this Charter.

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In any circumstance where the application of said laws may be uncertain, the Election Commission shall construe the same and prescribe the procedure. Section 3.7 Election Commission and Board of Canvassers The Election Commission and Board of Canvassers for City Election purposes shall be composed of the City Clerk as Chairman, the City Attorney and City Assessor. The Election Commission shall appoint the inspectors of election and prescribe the procedure to be followed. The City Commission shall fix the rate of compensation for inspectors. The Board of Canvassers shall meet at 9:30 a.m. on the first Thursday after each election and publicly canvass the returns, determine the vote upon all offices and questions, and declare what persons have been elected and whether the questions were approved or rejected. Section 3.8. Tie Vote If at any Municipal election there shall be no choice between candidates by reason of two (2) or more having received an equal number of votes, then the City Commission shall proceed to determine the election of such candidates by lot in the same manner, as near as may be, as shall be provided by the general election laws of the State. Section 3.9. Voting Hours The polls for all elections shall be open from seven (7) a.m. to eight (8) p.m. Section 3.10. Recall Any elective officer may be removed by the qualified electors of the City at the time and in the manner provided by general law. CHAPTER 4: LEGISLATION Section 4.1 Legislative Power The legislative power of the City is fixed exclusively in the City Commission, except as otherwise provided by law. All official action of the City Commission shall be by ordinance, resolution or motion. Section 4.2. Prior Legislation Preserved All ordinances, resolutions and rules of the City Commission and of each administrative agency of the City which are in force on the effective date of this Charter, to the extent that they are consistent with the provisions of this Charter, shall continue in full force until repealed.

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All such ordinances, resolutions and rules may be amended by the City Commission and shall continue in effect as amended. Section 4.3. Ordinance Enactment. (A) Form. Each proposed ordinance shall be introduced in written or printed form. The enacting clause on all ordinances passed by the City Commission shall be "The City of Battle Creek Ordains". Each ordinance shall be identified by a number and a short title. (B) Enactment and Effective Date. Ordinances may be enacted by the affirmative vote of a majority of the membership of the City Commission. No ordinance shall be adopted at the same meeting at which it is introduced but may be adopted at any following regular meeting. All ordinances shall take effect ten (10) days from the date of their enactment. (C) Emergency Ordinances. Ordinances immediately necessary for the preservation of the public peace, health, morals, safety, or welfare maybe enacted on the date of their introduction and given immediate effect or earlier effect than ten (10) days after their enactment upon receiving five affirmative votes of the City Commission. (D) Amendments. Any ordinance previously offered may be modified or amended at any following regular meeting and the ordinance as so modified or amended may be forthwith adopted, providing that said modification or amendment does not substantially or materially change said ordinance as first introduced. In the event any ordinance is substantially or materially modified or amended then said ordinance may not be adopted at the same meeting but may be adopted at any following regular meeting. Except as otherwise provided in this Charter, any ordinance may be amended only by an ordinance passed in the manner provided in this Section and no such ordinance shall be amended by reference to its title only, but the Section or sub-section amended shall be enacted in full. (E) Traffic and Parking Regulations. In any ordinance regulating traffic, parking and one-way streets it may be provided that subject to adequate standards to be set forth therein, the details of regulating parking, traffic control and one-way streets may be promulgated by the City Manager without formality of amendment in the manner above provided to the ordinance. (F) Repeal of Ordinances. An ordinance may be repealed only by an ordinance passed in the manner provided in this Section except that the ordinance to be repealed may be referred to by its short title and number only.

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Section 4.4. Publication Within five (5) days after the enactment of an ordinance the same shall be published by one of the following methods: (A) Said ordinance shall be printed in full in any newspaper published or circulated in the City of Battle Creek, or (B) Said ordinance shall be posted in the office of the City Clerk and in two (2) other public places in the City of Battle Creek. In case an ordinance is posted rather than printed, a notice of the enactment of the ordinance giving the subject thereof and the place where the copies have been posted, and where copies may be obtained at reasonable cost, shall be printed once in one (1) newspaper published or circulated in the City. Section 4.5. Ordinance Record All ordinances shall be recorded by the City Clerk in a book to be called "The Ordinance Book," and it shall be the duty of the Clerk to authenticate such record by his official signature but the failure of the Clerk to do so shall not invalidate it or suspend its operation. Section 4.6. Codification The City Commission shall, by resolution, within two (2) years from the date this Charter is adopted by the electors and every ten (10) years thereafter wholly or partially codify and recodify the ordinances of the City into one or more ordinances in loose-leaf or pamphlet form, and may provide for a reasonable charge for copies thereof. Each such codification or recodification may omit such ordinance material as is out of date and no longer needed, may eliminate inconsistencies between existing ordinance provisions, and may substitute comparable ordinance provisions for existing provisions, without the necessity of formal repeal, amendment or original enactment. Section 4.7. Enactment of Codes by Reference Subject to the provisions of this Section, there may be adopted as a City ordinance or code, by reference thereto in an adopting ordinance, the provisions, in whole or part, of (A) Any Michigan statute, or (B) Any detailed technical regulations promulgated or enacted by: (1) Any state or Federal agency, or (2) By any municipal corporation, or (3) By any organization or association which has developed a recognized standard code or set of such technical regulations. Such adopting ordinance shall clearly identify, and state the purpose of the provisions or regulations so adopted. Copies of such ordinance, code, or amendment thereto shall be available for free inspection and for purchase at reasonable cost at the office of the City Clerk.

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Section 4.8. Penalties The City Commission may provide in ordinances adopted by it for the punishment of violations thereof. Such punishment may be a fine of not to exceed five hundred dollars ($500) or imprisonment for not more than ninety (90) days, or both, in the discretion of the court. Imprisonment for violations of ordinances may be in the City or County jail. Section 4.9. Time Limit for Prosecution of Ordinance Violations No prosecution for the violation of an ordinance shall be commenced after the expiration of two (2) years after the commission of the offense. Section 4.10 Initiative and Referendum An ordinance may be initiated by petition to which all signatures shall be obtained within thirty (30) days before the date of filing. A referendum on an ordinance enacted by the City Commission may be had by a petition signed within thirty (30) days after the enactment of the ordinance. A petition for an initiated ordinance or for a referendum shall be in the form and manner hereinafter provided. An initiatory petition may not be filed, the purpose of which is to enact an ordinance for the repeal of an ordinance previously enacted. Section 4.11 Signatures Required An initiatory or a referendum petition shall be signed by registered electors of the City not less in number than ten (10) per cent of the registered electors of the City as of the date of the last regular City election prior to the filing of the petition. Section 4.12 Form of Petition. An initiatory or referendum petition shall be addressed to the City Commission. No such petition need be on one (1) paper, but may be the aggregate of two (2) or more petition papers identical as to contents. A referendum petition shall clearly identify the ordinance or part thereof and ordinance number it proposes to have repealed. An initiatory petition shall set forth in full the ordinance it proposes to initiate and no petition shall propose to initiate more than one (1) ordinance. Before being circulated for signatures, the petition shall be approved as to its form by the City Attorney. Section 4.13. Signing and Circulation of Petition

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Each signer shall sign his name, and shall place thereon, after his name, his place of residence by street and number or put other customary designation and the date of his signing said petition. To each petition paper there shall be attached a sworn affidavit by the circulator thereof, stating the number of signers thereof and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant. Such petition shall be filed with the Clerk. Section 4.14. Canvass by Clerk Upon the filing with the Clerk of any initiatory or referendum petition, the Clerk shall canvass the signatures thereon to determine whether said petition contains a sufficient number of signatures of registered electors of the City. Any signatures obtained more than thirty (30) days before the filing of such petition with the Clerk shall not be counted. The Clerk shall complete said canvass within fifteen (15) days from the filing of said petition. If the petition does not contain a sufficient number of signatures of registered electors of the City, the Clerk shall notify forthwith the person filing such petition and ten (10) days from such notification shall be allowed for filing of supplemental petition papers. When a petition with sufficient signatures is filed within the time allowed and is in compliance with the provisions of this Charter, the Clerk shall present the petition to the City Commission at its next regular meeting. Section 4.15. Commission Procedure on Initiatory and Referendum Petitions Upon receiving an initiatory or referendum petition from the Clerk, the Commission shall, within thirty (30) days, either: (A) If it be an initiatory petition, enact the ordinance as submitted in the petition; (B) If it be a referendum petition, repeal the ordinance or part thereof to which the petition refers; or (C) In either case, determine to submit the proposal to the electors. Section 4.16. Submission to Electors Should the Commission decide to submit the proposal to the electors, it shall be submitted at the next election held in the City for any other purpose, or, in the discretion of the Commission, at a special election called for that specific purpose. In the case of an initiatory petition, if no election is to be held in the City for any other purpose within one hundred and fifty (150) days from the time the petition is presented to the Commission and the Commission does not adopt the ordinance, then the Commission shall call a special election within sixty days from such time for the submission of the initiative proposal. The result shall be determined by a majority vote of the electors voting thereon, except in cases where otherwise required by the general laws of the State of Michigan.

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If two (2) or more ordinances adopted at the same election shall have conflicting provisions, the provisions in the ordinance receiving the highest number of affirmative votes shall govern. Section 4.17. Limitation on Amendment or Repeal of Initiatory or Referendum Ordinances An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed for a period of two years after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be re-enacted for a period of two (2) years after the date of the election at which it was repealed. Any ordinance may be adopted, amended or repealed at any time by appropriate referendum or initiatory procedure in accordance with the foregoing provisions of this chapter or if submitted to the electorate by the Commission on its own motion. CHAPTER 5: ADMINISTRATIVE SERVICES Section 5.1 City Manager A City Manager shall be appointed by a majority of the membership of the City Commission to hold office for an indefinite term and at the pleasure of said majority of the City Commission. He shall be the chief administrative officer of the City government. The Commission may designate a qualified person to perform the duties of Manager during his absence, disability, or during a vacancy in the office. Section 5.2. Manager’s Qualifications The Manager shall be chosen solely on the basis of his executive and administrative qualifications, with special reference to his training, ability, and actual experience in municipal administration. He need not be a resident of the City or State at the time of his appointment. No member of the City Commission shall be eligible for appointment as Manager until two (2) years after the termination of his service on the Commission. Section 5.3. Manager’s General Powers and Duties The powers and duties of the City Manager shall include the following: (A) To supervise and control the administrative affairs of the City and all departments thereof and to seek quality, economy and efficiency therein. (B) To fully advise the Commission regarding the policies, affairs, and financial condition and needs of the City, with the right to take part in all discussions relating thereto.

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(C) To recommend an annual budget or budgets to the City Commission and to carry out the policies, budgets, and directives of the Commission. (D) To preserve the public peace, health, and safety of persons and property and see to the enforcement of the ordinances of this City, this Charter, and general law. (E) To install a system of centralized purchasing, control expenditures, and superintend all operating units and contracts of the City. (F) To appoint and remove, subject to the provisions of this Charter or the administrative code adopted pursuant hereto, all officers and employees of the City, all appointments to be on a basis of fitness, training and experience and for indefinite terms. (G) To perform such other functions and have such other powers as may be established by general law, this Charter, any ordinance or resolution of this City, or as may be required of or accorded to him by the Commission. Section 5.4. Appointments The Manager shall appoint and may remove a City Clerk, Treasurer, Assessor, Police Chief, Fire Chief, Public Works Director, Comptroller, Parks and Recreation Director, Airport Manager, Planning Director, and such other officers and heads of departments as may be deemed necessary. The powers and duties of these officers and heads of departments shall be as prescribed by State law, this Charter, the ordinances of the City, or the directions of the Manager. He may delegate appropriate functions and powers to them and they may redelegate the same to deputies of their choice within the administrative service. The compensation of the City Manager and all other officers and employees shall be fixed by the City Commission. City officers shall have the qualification of being registered electors of the City or shall become registered as an elector within sixty days after appointment unless expressly exempted by the City Commission. Section 5.5. Administrative Code The administrative service shall be divided into such departments, divisions, and bureaus as may be provided by ordinance, to be known as the "Administrative Code" to be adopted within one (1) year following the adoption of this Charter. Pending the passage of such Code, the Manager may establish temporary regulations. Said Code may be amended from time to time and may provide for the consolidation or abolition of departments or the functions of officers including those mentioned in Section 4 of this chapter unless contrary to general law. Each officer or department head shall, subject to the approval of the Manager, have supervision and control of his department and shall have power to prescribe rules and regulations for the conduct thereof, not inconsistent with this Charter or said Administrative Code.

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Section 5.6 City Personnel The City Manager shall be Personnel Director with authority to delegate the duties of said office. All City employment shall be based upon fair and impartial principles with fitness, ability, training and experience the major considerations. There shall be no discrimination on account of color, politics or religion. No City official or employee may solicit political contributions from Municipal employees and they shall not engage in Municipal political activities on City property or on City time. The Administrative Code shall be based on the best generally accepted provisions of personnel programs in business, industry and government, and shall include the following subjects: classification of City employees pay scales, probationary period, order of layoffs, procedure for suspension or removal, employment procedures, hours of work, vacation, sick leave, and any other pertinent data relating to employees. A Personnel Advisory Board may be appointed by the City Manager with the approval of the City Commission to make investigations and recommendations to the City Manager. Decisions of the City Manager on these matters, however, shall be deemed final. Section 5.7 Retirement System The City Commission may, by ordinance, provide for and maintain a retirement benefit system on an actuarial basis for the administrative officers and employees of the City, either by means of its own plan, or in an insurance company of recognized standing, or by means of any plan now or hereafter legally authorized with the State or Federal governments, or by any combination thereof, and may provide for contributions thereto by said officers, employees and the City; provided, that any new plan shall not be less beneficial to policemen and firemen than the one in effect for policemen and firemen on the day this Charter goes into effect; and provided further, that the benefits paid to any retired employees as of the day preceding the effective date of any such plan shall be continued and may or may not be assumed by any new retirement system. The City Attorney and the judges and their staffs may be included in such system. The "Policemen and Firemen’s Retirement Fund," Chapter XLVII of the previous Battle Creek Charter, shall be continued until any new plan, as above mentioned, is placed in effect. (April 2, 1962) Section 5.8. Salaries, Wages and Fringe Benefits The City Commission shall fix by resolution the salary or rate of compensation of all officers and employees of the City, except their own. The City Commission may also provide other fringe benefits, including insurance covering life, hospital, health, surgical, accident, medical or

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similar risks of life and the City may pay all or such portions of the cost thereof or premiums therefor as the City Commission may determine. Such programs may extend to the immediate families and dependents of City officials and employees. Section 5.9. City Attorney A City Attorney shall be appointed by the City Commission on a full-time or part-time basis and he may appoint such deputy City Attorneys on a full-time or part-time basis as may be authorized by the City Commission. The City Attorney shall act as legal advisor to and attorney and counsel for the City and all of its officers and department heads, including the City Commission and City Manager, in matters relating to their official duties. He shall give written opinions to any official or department when requested in writing to do so or as may be directed by this Charter, by the City Commission, or by the City Manager. His duties shall include, but not be limited to, the following: (A) He shall conduct all cases in court whenever the City is a party thereto, or interested therein, except as special counsel may be engaged by the City Commission. (B) He shall prepare or pass upon all contracts, bonds, ordinances and other instruments of a legal nature in which the City is concerned. (C) He shall perform such other duties as may be prescribed by this Charter or by the City Commission. He may delegate his duties and powers to one or more deputies if they have been provided for, but he shall remain responsible for their acts. CHAPTER 6: MUNICIPAL COURT Section 6.1. Establishment A "Municipal Court of the City of Battle Creek", pursuant to Act 269, P.A. 1933 as amended, is hereby established and continued in full force and effect subject to the provisions hereof, and the provisions of said Act, as hereafter amended, are hereby adopted. The judges, clerk, process servers and other employees of the present Court and all records, journals, dockets, process, judgments, commitments, rules, bonds, and other procedures shall continue to serve and be in full force and effect hereunder. Section 6.2. Jurisdiction The Municipal Court of the City of Battle Creek shall have original jurisdiction in all civil actions wherein the debt or damages claimed does not exceed the sum of one hundred dollars ($100), and concurrent jurisdiction in all civil actions wherein the debt or damages claimed does not exceed the sum of one thousand dollars ($1,000), and shall have original jurisdiction in all actions of replevin wherein the value of the

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property involved does not exceed the sum of one hundred dollars ($100), and concurrent jurisdiction in all such actions wherein the value of the property involved does not exceed the sum of one thousand dollars ($1,000). Section 6.3 Election of Judges. (A) At the general Municipal election in the year 1965 and every six (6) years thereafter there shall be elected one (1) Municipal Judge who shall be known as the presiding judge, whose term of office shall begin on the 4th day of July following his election to office, and who shall hold office for six (6) years. (B) At the general Municipal election in 1961 and every six (6) years thereafter there shall be elected one (1) Associate Municipal Judge whose term of office shall begin on the 4th day of July following his election to office and who shall hold office for six (6) years. (C) The City Commission may by ordinance provide that the existing part-time Associate Municipal Judge shall serve full time and may provide for additional Associate Municipal Judges on a part-time or full-time basis, said additional Judges to be appointed and elected, take office, and serve terms as provided in said ordinance, subject to the statutes of this State. Section 6.4. Qualifications The Judges of said Court shall possess the qualifications prescribed by Act 269 of Public Acts of 1933 of the State of Michigan, as amended and shall possess such other qualifications as are prescribed in this Charter for City Commissioners. Section 6.5. Fees Collected for City All provisions of the general laws of the State of Michigan in relation to fees chargeable in civil proceedings shall apply to said Court and shall be collected for the use and benefit of the City of Battle Creek. Section 6.6. Salaries. (A) The Municipal Judge and each Associate Municipal Judge shall each be paid such salary as shall be fixed by the City Commission by resolution adopted at least sixty (60) days prior to the general Municipal election at which a Municipal Judge or an Associate Municipal Judge is to be elected. In the event the City Commission fails to adopt such a resolution within the time herein limited, the salary being paid to the then incumbent Municipal Judge or Associate Municipal Judge, as the case may be, shall be paid to the Municipal Judge or each Associate Municipal Judge, as the case may be, who is elected at such general Municipal election. The salaries of existing Judges shall be continued to the end of existing terms.

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(B) The salary of the Municipal Judge and the salary of each Associate Municipal Judge shall not be increased or decreased during the term for which any such Judge is elected, or, in the case of vacancy, appointed. (C) The compensation for such Judges shall be in lieu of all fees, costs and charges to which said Judges shall otherwise be entitled, except fees for the performance of marriage ceremonies and for administering oaths in matters not connected with suits or proceedings in the Municipal Court of the City of Battle Creek. (D) Except as herein otherwise provided, the Municipal Judge shall be required to devote his entire time to the duties of his office. The Associate Municipal Judge shall hear all cases in which the Municipal Judge is disqualified, and shall hold court in the absence or disability of the Municipal Judge. Section 6.7. Juries The selection of juries in civil and criminal cases may be made in accordance with the methods and procedures of Act 179 of Public Acts of 1951 of the State of Michigan, as amended, (M.S.A. 27.3935 (1)) or any other statutes which may be applicable thereto. Section 6.8. Process Servers The present incumbent process servers shall continue and the qualifications, appointment, tenure and powers of other process servers shall be governed by said Act 269, P.A. 1933, as amended. Section 6.9. Conciliation Division There is hereby created a Conciliation Division of the Municipal Court of the City of Battle Creek which shall have the jurisdiction and powers provided for in Act 269 of Public Acts of 1933 of the State of Michigan, as now or hereafter amended. Section 6.10. City Control. The City Commission shall have power and authority by ordinance or resolution to regulate the office hours of said Court and to make all other necessary and proper rules for the regulation of the Municipal Court of the City of Battle Creek which are not inconsistent with the provisions of this Charter and the general laws of this State. The rule-making powers contained in said Act 269, P.A. 1933, as amended, for the control of the proceedings of said Court shall be promulgated by the Judges thereof. Section 6.11. Bonds

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The Municipal Judge and each Associate Municipal Judge, in addition to any security required by law to be given for the performance of his official duties, shall, before entering upon the duties of his office, give a bond to the City in a penalty of one thousand dollars ($1,000) in accordance with the provisions of Sec. 12.12 hereof, conditioned for the faithful performance of their duties and for payment to the City of Battle Creek of all moneys collected or received by such Judge which by the provisions of the general laws of the State or of this Charter he shall be required to pay into the Treasury of the City. Section 6.12. Causes Saved All civil and criminal causes pending and all rights and liabilities existing, acquired or incurred at the time this Charter takes effect, and all suits and prosecutions for the recovery or enforcing of fines, penalties or forfeitures imposed by the previous Charter and ordinances of the City of Battle Creek to punish offenders for the violation thereof which are pending before the Municipal Court when this Charter takes effect are hereby saved, and such proceedings shall be consummated in the Municipal Court of the City of Battle Creek. It is the intention that this amendment shall not be construed to alter, affect or abate any pending prosecution and all prosecutions pending on the effective date of this Charter, and all prosecutions instituted after the effective date of this Charter for offenses committed prior to the effective date of this Charter, may be continued or instituted in said Court. CHAPTER 7: FINANCES, BUDGETS, CONTRACTS Section 7.1. Fiscal Year The fiscal and budget year of the City shall begin on July 1. Section 7.2. Financial Control The Comptroller shall have charge of the administration of the financial affairs of the City, including the supervision of the offices of Assessor and Treasurer, but subject to the general supervision of the City Manager. He shall provide for a system of accounts which shall conform to such uniform system as may be required by law. He shall maintain such accounting control over the finances of the City, make such reports, and perform such other duties as may be required by this Charter, by ordinances, or by the City Manager. As Comptroller he shall audit and approve all liquidated claims against the City and shall pay the same on duly certified vouchers. Section 7.3. Budget Preparation

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At such time as may be fixed by the City Manager, each officer or department head shall submit to the Comptroller an itemized estimate of the expenditures for the next fiscal year for the activities under his control. The Comptroller shall prepare and submit to the Manager a preliminary budget for the next fiscal year in such detail and with such supporting schedules as the City Manager may require. After review and revision by the City Manager, he shall submit the proposed budget to the City Commission (April 6, 1970) Section 7.4. Budget Hearing and Adoption A public hearing on the budget shall be held thereon before its final adoption by the City Commission at such time and place as the Commission may direct, and notice thereof shall be published at least one week in advance by the City Clerk. Said notice shall include the time and place of the hearing and shall state the place where a copy of such budget is available for the public inspection. Thereafter, but not later than June 30 of each year, the City Commission shall, by resolution or ordinance as required by law, adopt a budget for the ensuing fiscal year, make appropriations therefor, and, after realistic consideration of probable other revenues, determine and declare the amount of money necessary to be raised by property taxation, which amounts shall not be greater than otherwise limited in this Charter or by general law. (April 6, 1970) Section 7.5. Budget Bonds Any capital improvement items contained in the budget, upon the vote of not less than five City Commissioners, may be financed by the issuance of bonds as a part of the budget system, provided that the amount of such bonds together with the taxes levied for the same year shall not exceed the limit of taxation authorized by law. Section 7.6. Transfer of Appropriations After the budget has been adopted, no money shall be drawn from the treasury of the City, nor shall any obligation for the expenditure of money be incurred, except pursuant to a budget appropriation. The Commission may transfer any unencumbered appropriation balance or any portion thereof from one department, fund, or agency, to another. The Commission may take additional appropriations during the fiscal year for emergency purposes or for unanticipated and urgently needed purposes, provided, such appropriations shall not exceed the amount by which actual or anticipated revenues of the year are exceeding the revenues as estimated in the budget, or expenses are proving less than anticipated, or a combination thereof. The Commission may make additional appropriations from any available and unencumbered funds, although not budgeted, to relieve an emergency substantially endangering the public health, peace or safety.

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Section 7.7. Budget Control At the beginning of each quarterly period during the fiscal year, and more often if required by the Commission, the Manager shall submit to the Commission data showing the relation between the estimated and actual income and expense to date, and if it shall appear that the income is proving insufficient, the Commission, on the recommendation of the Manager, may reduce appropriations for any item or items, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within income. The Manager may provide for monthly or quarterly allotments of appropriations to departments, funds or agencies under such rules as he shall prescribe. Section 7.8. Depository The Commission shall designate the depository or depositories for City funds, and shall provide for the daily deposit of all City moneys. Section 7.9. Independent Audit and Report An independent audit shall be made of all accounts of the City government at least annually and more frequently if deemed necessary by the Commission. Such audit shall be made by certified public accountants. An annual report of the City’s business, including an abstract of the annual audit, shall be made available to the public in such form as will disclose pertinent facts concerning the activities and finances of the City government. Section 7.10. Receipt and Payment of Money All moneys shall be received by the City Treasurer regardless of source. Payments by the City shall be made only upon vouchers or invoices certified by the head of the department or agency involved and by means of checks issued by the Comptroller and countersigned by the Manager. All City payrolls shall be certified by the Personnel Director. Section 7.11. Deferred Payment Contracts. The City may enter into installment or lease-purchase contracts for the acquisition of real or personal property or capital equipment. Each such contract shall not extend over a period greater than 20 years. All such deferred payments shall be included in the budget for the year in which the installment is payable unless the City Commission has determined that it is in the best interest of the City to sell or abandon said contract or the City’s equity in said property. Section 7.12.

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Investment of City Funds. Idle moneys may be invested in obligations issued by this City, in obligations of the United States or any state thereof, in other municipal bonds, or such bonds, debentures, mortgages or other highly rated securities or investments as the City Commission may determine. Section 7.13. Purchasing and Contracts Purchasing and contracting procedures, including bidding procedure when it will serve the best interest of the City, shall be established by ordinance. The City Manager shall be responsible for purchasing and a system of centralized purchasing shall be developed and maintained. The authority to contract in behalf of the City is hereby vested in the City Commission, provided, that the City Manager shall have power to bind the City as to routine or operational items. No contract involving the expenditure of more than five thousand dollars ($5,000), unless it be routine or operational, shall be authorized or executed until after the Comptroller has first certified that an appropriation has been made therefor or that sufficient funds will be available to finance the same. For this purpose the Comptroller may rely upon City Commission commitments to provide therefor in ensuing budgets or by issuing bonds or other evidences of indebtedness for the same. No contract shall be made with any person, firm or corporation in default to the City. Section 7.14. Improvement Funds The City may establish and maintain funds, including revolving funds, for special assessment prospects or other improvements, for the purpose of accumulating moneys to be used for financing, making, acquiring, extending, altering, or repairing public improvements. Moneys so accumulated may be transferred, encumbered or otherwise disposed of only for the purpose for which accumulated unless otherwise determined and declared by formal resolution of the City Commission, and then only for the purpose of making some other public improvement. CHAPTER 8: TAXATION Section 8.1. Power, Limitation, and Subjects of Taxation The City shall have the power to assess taxes and to levy and collect rents, tolls, and excises. Exclusive of any levies authorized by law to be made beyond Charter tax rate limitations, the annual ad valorem tax levy shall not exceed 1.16 percent of the assessed value of all real and personal property in the City. The subjects of ad valorem taxation for Municipal purposes shall be the same as for State, County and school purposes under the general law. Except as otherwise provided by this Charter, City taxes shall be assessed, levied, collected, and returned in the manner provided by

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statute. No exemptions from taxation shall be allowed except as expressly required or permitted by law. Section 8.2. Assessment Roll Between tax day and the first meeting of the Board of Review in each year, the City Assessor shall make and complete an assessment roll in the manner and form provided in the general tax law. Section 8.3. Board of Review Five resident electors who are freeholders, appointed by the City Commission for five-year staggered terms, shall constitute the Board of Review of the City. One shall be appointed each year to a term commencing the following January 1. The present members thereof shall continue their present terms. One of the Board members to be chosen annually by a majority of the Board shall act as Chairman. The City Assessor shall act as Secretary to the Board but shall not be entitled to vote, and shall be responsible for keeping a record of all proceedings, which shall be preserved for five (5) years. Three members shall constitute a quorum. Their compensation shall be fixed by the City Commission. The Board shall meet at the City Hall on the second Monday in March each year and continue in session at least five (5) days and until its work is completed as required by law. (April 6, 1970) Section 8.4. Notice of Meeting The Assessor shall cause notice to be published approximately one week prior to the time of the meeting of the Board of Review in one newspaper circulated in the City stating the time and place of the meeting of the Board of Review and the objects for which it will meet, but a failure to give such notice shall not invalidate the tax. Section 8.5. Duties and Procedure of Board of Review The Board of Review shall have power to correct or amend said assessment roll and to increase or decrease any assessment or valuation of taxable property, may strike therefrom any property wrongfully listed, or add any property rightfully taxable, either on its own motion or at the request of any person. Any person considering himself aggrieved by reason of any assessment may complain thereof either verbally or in writing to said Board. The Board may establish reasonable regulations for the conduct of its hearings, require the filing of a brief written memorandum of the arguments by those appealing to it, require any appellant to appear in person or in writing not later than the second day of its sessions, and otherwise provide for expediting its work. The concurrence of a majority of the

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membership of said Board shall be necessary to decide any question. The Assessor shall make any changes, additions, or corrections to said roll directed by the Board of Review. Thereupon said Board shall complete and adopt the roll and a majority thereof shall endorse the same as provided by law. When so endorsed said roll shall be conclusively presumed by all courts to be valid and shall not be set aside except for causes mentioned in the general laws. The omission of the endorsement or any other formality herein prescribed shall not affect the validity of the roll. A summary report of the assessment roll shall be delivered to the City Commission by the Assessor immediately thereafter. Section 8.6. Assessment of Taxes The Assessor shall take said roll, thus completed and adopted, and prepare a “City Tax Roll” by spreading thereon rateably to each person or property assessed the funds required to be raised by property taxation by the terms of the annual appropriation resolution adopted by the City Commission or by the terms of other valid procedures. Section 8.7. Warrant Upon delivering said City tax roll to the City Treasurer, the Assessor shall annex thereto a warrant over the signatures of the Assessor and Mayor, with the seal of the City affixed, commanding the Treasurer to collect from the several persons named in said roll the several sums mentioned therein and enforce payment as provided herein or by general law. Section 8.8. Lien and Persons Liable All taxes thus assessed shall become a debt due the City as provided by general law and, as of the second Monday in July of the year of assessment, the said taxes with any applicable charges, fees or penalties shall become a lien, paramount to all other claims, encumbrances or liens, upon the property against which they are assessed until paid. Section 8.9. Statement to Taxpayers Upon receipt of said City tax roll, the Treasurer shall proceed to collect the taxes. He shall prepare and mail to each taxpayer, at his last known address on the tax roll, a statement or billing showing the description of the property, the assessed valuation, and the lax payable, but the failure to send or receive such statements shall not prejudice the validity of the tax or the right and duty to collect or enforce payment thereof. Section 8.10. Collection Fees and Interest

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The City taxes provided for by this chapter shall be assessed and levied prior to the second Monday of July in each year, shall become payable on that date, and shall be collected on or before the 20th day of August in each year and on all taxes voluntarily paid before the 20th day of August in each year no collection fee shall be charged, but thereafter a collection fee of four percent (4%) shall be charged and be paid into the General Fund of the City. The City Commission may, by ordinance, establish a system for the installment collection of said taxes extending not more than one (1) year and provide for the collection of reasonable interest or collection fees thereon and of penalties for the late payment thereof. Section 8.11. County and School Taxes The Assessor shall prepare a separate assessment roll for the collection of taxes apportioned to this City for State, County and school purposes, but it shall not be necessary to make a new or different assessment therefor. After the funds to be raised have been spread and levied thereon, said Assessor shall deliver the same, to be known as the "County and School Tax Roll" to the Treasurer of the City with the warrant commanding the collection thereof. The Treasurer shall proceed to collect the taxes. A statement shall be mailed as above provided for City taxes. On all of the taxes paid voluntarily before January 20th of the succeeding year, the Treasurer shall add one percent (1%) for collection fees, and upon all taxes paid on or after said January 20th or such other day as may be fixed by the laws of the State, he shall add four percent (4%), which said percentages, when collected, shall be paid into the General Fund of the City, for the use of said City. Section 8.12. Failure to Pay Personal Property Tax If any person, firm or corporation shall neglect or refuse to pay any personal property tax assessed to him or them, the Treasurer shall collect the same by seizing the personal property of such person, firm or corporation to an amount sufficient to pay such tax, fees and charges for subsequent sale, wherever the same may be found in the State, and from such seizure no property shall be exempt. He may sell the property seized to an amount sufficient to pay the taxes and all charges in accordance with general law. If otherwise unable to collect a tax on personal property, the Treasurer may sue therefor the person, firm or corporation to whom it is assessed. Section 8.13. Jeopardy Assessment of Personal Property Taxes Whenever the proper conditions exist, the Treasurer shall accelerate the date on which property taxes shall be collected, as provided by general law. Section 8.14. Failure to Pay Real Estate Taxes

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All City taxes on real property remaining uncollected by the Treasurer on March 1st, following the date when said roll was received by him, or one (1) year thereafter in case an installment collection ordinance applies thereto, shall be returned to the County Treasurer in the manner provided by statute for returns by township treasurers for uncollected county and school taxes. Such returns shall include all the additional assessments, charges and fees hereinbefore provided, which shall be added to the amount assessed in said City tax roll against each property or person. The taxes thus returned shall be collected in the same manner as other taxes are collected under the statute, and shall be and remain a lien upon the property until paid. Section 8.15. Inequitable Assessment or Tax If it shall be found, at any time, that any property has been subjected to a substantially inequitable assessment or tax, as by reason of errors in computations, decimal misplacement, double entries, and the like, so that the same amounts to a constructive fraud upon the taxpayer, and if the City Attorney shall prepare and file a written opinion indicating that, under current statutes and case law, relief would be granted by a court of competent jurisdiction, then the City Commission may so determine and declare by resolution without requiring the commencement of court proceedings and any necessary adjustment may be taken from the General Fund of the City. Section 8.16. Tax Clearances No warranty deed for the transfer of real estate or any interest therein shall be received or recorded by the Register of Deeds for the County of Calhoun unless all City taxes and assessments on the property described therein, then due and payable, have been paid. It shall be the duty of the City Treasurer or such other agency as the City Commission may designate, upon request and after the payment thereof, to furnish a certificate that all such taxes and assessments have been paid, and such certificate shall be filed with the Register of Deeds when the document is submitted for record. A fee to be fixed by the City Commission may be charged for issuing the certificate. CHAPTER 9: SPECIAL ASSESSMENTS Section 9.1. Power to Assess The City Commission shall have power to determine, with or without a petition therefor, that the whole or any part of the expense of any public improvement or repair shall be defrayed by special assessments upon the parcels or property especially benefited and so declare by resolution. Such resolution shall state the estimated cost of the improvement, what portion of the cost shall be paid by special assessment, what portion, if any, shall be a general obligation of the

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City, the number of installments in which assessments may be paid, the interest to be charged, and designate the districts or land and premises upon which special assessments shall be levied. This Charter shall not be deemed to require the holding of any public hearing prior to the authorization or construction of the improvement. Such special assessments may be levied before, during, or after the making of the improvement. Section 9.2. Procedure Ordinance The City Commission shall prescribe by general ordinance the complete special assessment procedure to be used, including the preparing of plans and specifications, estimated costs, the preparation, hearing, and correction of the special assessment roll, the collection of special assessments, the assessment of single lots or parcels, and any over matters concerning the making of improvements by the special assessment method. Said ordinance shall authorize additional assessments if the prior assessment proves insufficient to pay for the improvement and costs incident thereto or in case of invalidity in whole or in part, and it shall also provide for the refund of excessive assessments provided that if the excess is less than 5% of the total cost it may be placed in the General Fund of the City. Section 9.3. Assessment Lien From the date of confirmation of any assessment or reassessment roll the same shall constitute a lien upon the respective lots or premises assessed and shall also be a charge against the person to whom assessed until paid and, in case of delinquency, may be enforced by addition to any later return to the County Treasurer of Regular Taxes or by suit against such person. Section 9.4. Contest of Assessment No suit or action of any kind shall be instituted or maintained for the purpose of contesting or enjoining the collection of any special assessment or reassessment (a) unless, within 30 days after the confirmation of the special assessment roll, written notice is given to the City Clerk for attention of the City Commission indicating an intention to file such suit or action and stating the grounds on which it is claimed such assessment is illegal and (b) unless such suit or action shall be commenced within 60 days after the confirmation of the roll. If the City Attorney submits a written opinion finding said roll illegal, in whole or in part, the City Commission may revoke its confirmation, correct the illegality if possible, and re-confirm the same, provided that no property which is not involved in the illegality shall be assessed more than was imposed upon the original confirmation without further notice and hearing thereon. CHAPTER 10: BORROWING

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Section 10.1. General Power Subject to the applicable provisions of law as the same are now, or may hereafter be enacted, the City may borrow money for any purpose within the scope of its powers, and may issue bonds or other evidence of indebtedness therefor. Such bonds or other evidence of indebtedness shall include, but not be limited to: (A) General obligation bonds which pledge the full faith and credit of the City for payment thereof. (B) Special assessment bonds which are issued in anticipation of the payment of special assessments for public improvements in a special assessment district or combination thereof, which bonds may be either an obligation solely of the special assessment district or districts, or both an obligation of such district and a general obligation of the City. (C) Revenue bonds as authorized by law. (D) Mortgage bonds for the acquiring, owning, purchasing, constructing, improving or operating of any public utility which the City is authorized by law to finance in this manner, or for such other purposes as may be authorized by law. (E) Tax anticipation notes as authorized by law. (F) Calamity bonds issued in case of fire, flood, or other calamity as authorized by law. (G) Bonds for the City’s share of the cost of local improvements, which bonds may be issued as a part of, or independently of any issue of special assessment bonds which are issued for the same improvement or improvements. (H) Bonds for refunding the indebtedness of the City. (I) Budget bonds as authorized elsewhere herein. (J) Time-purchase contracts as authorized elsewhere herein, to the extent that the same are considered to be debts. Section 10.2. Limitations on Borrowing The net bonded indebtedness of the City, incurred for all public purposes, shall not at any time exceed the limit provided by law. No bonds shall be sold to obtain funds for any purpose or purposes other than that for which they were specifically authorized. Section 10.3. Use of Borrowed Funds Each bond or other evidence of indebtedness shall contain on its face a statement of the purpose for which the same is issued and no officer of the City shall use the proceeds thereof for any other purpose, except

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that, whenever the proceeds of any bond issue, or a part thereof, remain unexpended and unencumbered for the purpose for which said bond issue was made, the City Commission may authorize the use of such unexpended and unencumbered funds: (A) For an additional extension or improvement of facility or project for which the bond issue was made. (B) For the retirement of such bond issue. (C) If such bond issue has been fully retired or funds are segregated which are adequate for such purpose, then for the retirement of other bonds or obligations of the City. (D) If there is no other indebtedness, or funds are segregated which are adequate for such purpose, then for such other purposes as may be permitted by law. Section 10.4. Special Assessment Collections All collections on each special assessment roll or combination of rolls, in anticipation of which bonds have been issued, shall be set apart in a separate fund (but not necessarily a separate bank account) and shall be used for the purpose for which levied and for the payment of the principal of and interest on such bonds. If there is any deficiency in a Special Assessment Fund to meet the payment of the principal or interest to be paid therefrom, moneys shall be advanced from the General Fund of the City to meet such deficiency and shall be replaced in the General Fund when the Special Assessment Fund shall be sufficient therefor. Section 10. 5. Bond Interest No bond or other evidence of indebtedness of the City shall bear interest at a rate exceeding the maximum rate permitted by law. Section 10.6. Execution of Bonds All bonds issued by the City shall be signed by the Mayor and countersigned by the City Clerk, and shall bear the corporate seal of the City. Said signatures may be by facsimile if permitted by law. Any attached coupons may be signed with the facsimile signature of the City Clerk. Section 10.7. Bond Record The Comptroller shall keep a detailed record of all bonds and other evidence of indebtedness. Upon payment of the same, he shall mark them "cancelled," and keep them until five years after the maturity date of the obligation, after which they may be destroyed and a record made thereof.

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CHAPTER 11: UTILITIES, FRANCHISES AND PERMITS Section 11.1. General Powers of City Respecting Utilities The City shall possess and hereby reserves to itself all the powers granted to cities by law to acquire, construct, own, operate, improve, enlarge, extend, repair, maintain, encumber, convey, dispose of or sell, either within or without its corporate limits, public utilities, including, but not by the way of limitation, aeronautical facilities, hospitals and public utilities for treating and supplying water and for supplying light, heat, power, gas, sewage treatment, garbage disposal, public transportation and facilities for the storage and parking of vehicles or any of them; and also to sell and deliver the products or services thereof, both within and without its corporate limits, subject to the limitations herein contained. The power to supply said utility services, as herein possessed and reserved, shall include the power to extract, process, manufacture, transport or purchase the same from others. Section 11.2. Rates The City Commission shall have the power to fix, from time to time, such just and reasonable rates and other charges as may be deemed advisable for supplying the inhabitants of the City and others with such public utility services as the City may provide. Higher rates may be charged for service outside the corporate limits of the City. Section 11.3. Collection - Utility Rates and Charges The Commission shall provide by ordinance for the collection of all public utility rates and charges of the City. Such ordinance may provide at least: (A) Except as otherwise provided by law, the City shall have as security for the collection of such utility rates and charges a lien upon the real property supplied by such utility, which lien shall become effective immediately upon the supplying of such utility service and shall be enforced in the manner provided in such ordinance. (B) The terms and conditions under which utility services may be discontinued in case of delinquency in paying such rates or charges. (C) That suit may be instituted by the City in any court of competent jurisdiction for the collection of such rates or charges. With respect to the collection of rates charged for water the City shall have all the powers granted to cities by Act 178 of the Public Acts of 1939 or any other statute of the State. Section 11.4. Accounts and Finances

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Separate accounts shall be kept for each public utility owned and operated by the City. Such accounts shall be classified and made in accordance with generally accepted municipal utility accounting practice. Charges for all services furnished to, or rendered by, other City departments or agencies shall be recorded. An annual report shall be prepared to show fairly the financial position of the utility and the results of its operations which report shall be on file in the office of the Clerk for inspection. Section 11.5. Granting of Public Utility Franchise All irrevocable public utility franchises and all renewals and extensions thereof and amendments thereto shall be granted by ordinance only. No franchise shall be granted for a longer period than thirty years. No franchise ordinance which is not subject to revocation at the will of the Commission shall be enacted nor become operative until the same shall have first been referred to the people at a regular or special election as provided by general law. This requirement shall be deemed to have the same limits of applicability as is accorded the franchise requirements in the State constitution and general laws. Section 11.6. Conditions of Public Utility Franchise All public utility franchises granted after the adoption of this Charter, whether it be so provided in the granting ordinance or not, shall be subject to the following rights of the City, but this enumeration shall not be exclusive or impair the right of the Commission to insert in such franchise any provision within the power of the City to impose or require: (A) To repeal the same for misuse, non-use or failure to comply with the provisions thereof; (B) To require proper and adequate extension of plant and service and maintenance thereof at the highest practicable standard of efficiency; (C) To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates; (D) To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof; (E) To impose such other regulations as may be determined by the Commission to be conducive to the safety, welfare and accommodation of the public; (F) To use, control and regulate the use of its streets, alleys, bridges and public places and the space above and beneath them; (G) To make independent audit and examination of accounts at any time, and to require reports annually. The City Commission shall cause to be instituted such actions or proceedings as may be necessary to prosecute a public utility company for violations of its franchise, the City Charter, or ordinances, and may revoke, cancel, or annul all franchises granted by the City which for any reason have become inoperative, illegal or void. Section 11.7.

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Regulation of Rates All public utility franchises shall make provision therein for fixing rates, fares and charges and may provide for readjustments thereof at periodic intervals. The value of the property of the utility used as a basis for fixing such rates, fares and charges shall in no event include a value predicated upon the franchise, goodwill or prospective profits. Section 11.8. Joint Use Permitted Every such public utility may be required by the City to permit joint use of its property and appurtenances located in the streets, alleys and other public places of the City by the City and by other utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rental therefor. In the absence of agreement and upon application by any public utility, the Commission shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefor, and the arbitration award shall be final. Section 11.9. Revocable Permits Temporary permits for public utilities, revocable at any time at the will of the City Commission, may be granted by the City Commission by resolution on such terms and conditions as it shall determine, provided that such permits shall in no event be construed to be franchises or amendments to franchises. All said temporary permits shall be subject to the rights of the City to make independent audit and examination of accounts at any time and to require reports annually or at more frequent intervals as prescribed by resolution of the City Commission. When the City Commission deems it in the public interest, such permits may be exclusive. Section 11.10. Acquisition by City - Condemnation The City shall have the right to acquire by condemnation or otherwise the property of any public utility in accordance with the general laws of the State, provided that the price to be paid shall in no event include any value predicated upon the franchise, goodwill or prospective profits. Section 11.11. Use of Streets Every public utility shall be subject to the power of the City to use, control and regulate use of its streets, alleys, bridges, and public places, and the space above and beneath them and shall pay such part of the cost of improvements or maintenance of streets, alleys, bridges, and public places, as shall arise from its use thereof and shall protect and save the City harmless from all damages arising from said use.

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Section 11.12. Existing Franchises and Permits Remain in Effect All franchises and permits to which the City of Battle Creek is a party when this Charter becomes effective shall remain in full force and effect in accordance with their respective terms and conditions. Section 11.13. Extension of Water and Sanitary Sewer Services The City Commission may by a favorable majority vote of the elected members thereof extend and furnish water, sanitary sewage disposal and treatment services to persons, firms or corporations residing or located outside the City limits, upon such terms and conditions as the City Commission shall determine (August 7, 1967) Section 11.14. Water Service Water for fire hydrants, use in parks, streets, City buildings, and schoolhouses and grounds, may be furnished free of cost, except as otherwise provided by law. CHAPTER 12: MISCELLANEOUS Section 12.1 Property The City shall have power to acquire by purchase, gift, condemnation, lease, legacy, bequest or otherwise any and all kinds of property, both real and personal, absolute or in trust, located within or without the City, for any public, proprietary, or charitable use or for any purpose within the scope of its powers; to do all things necessary to effectuate such purpose; to hold, manage, maintain, develop or operate the same; to change the use to other public purposes subject to any limitation expressly placed thereon by law or the valid terms of any trust; and to lease, encumber, sell, convey, or otherwise dispose of the same. Section 12.2. Dilapidation The City shall have power by ordinance to prevent, prohibit, and correct public nuisances, structural dilapidation of dwellings, commercial, industrial or other structures, and the spread of blight and deterioration. It may exercise all powers granted by law for such purposes to prevent devaluation, unhealthful influences, hazards to inhabitants or to otherwise serve the public health, morals, peace, safety and welfare. The cost of any such measures upon specific properties may be assessed against the same. Section 12.3. Streets and Public Places

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The City reserves the power to use, regulate, improve, vacate, abandon, and control the surface of its streets, alleys and public ways and of the space and beneath them; to prepare and adopt a plan regarding the same within said City and for a distance of three (3) miles beyond its limits. Section 12.4. Licenses The City Commission may prescribe the terms and conditions upon which licenses may be granted and revoked, and may regulate trades, occupations and amusements including the location of gas stations and billboards. The City Commission may provide for the punishment or fine or imprisonment, or both, of any person, who without license, shall exercise any occupation or trade, or do anything for or in respect to which any license shall be required by any ordinance or regulation of said City. Section 12.5. Other Express Powers The City shall also have power: (A) To use, control and regulate the streams, waters and watercourses within its boundaries. (B) To acquire, establish, extend, operate, and maintain parks, boulevards, cemeteries, hospitals, almshouses, and all works which involve the public health and safety as provided by law. (C) To provide by ordinance for the establishment of districts or zones within which the use of lands and structures, the height, the area, the size and location of the buildings, and the required open spaces for light and ventilation of such buildings, and the density of population may be regulated. (D) To establish and maintain a Planning Commission having the powers and duties prescribed by law. (E) Any powers expressed in this Charter shall not be deemed to be exclusive, and the City shall have all powers permitted by law, whether enumerated or not. Section 12.6. Plats The City Commission shall have power to establish standards for the acceptance of plats or subdivisions of lands or premises within or without said City to the distance provided by State law, may require the dedication of streets and other public ways to public ownership, and the grading and improvement thereof to acceptable standards. Section 12.7. Recording of Plats The Register of Deeds of Calhoun County shall not receive for record any plat or subdivision of any lands or premises, within the corporate limits or for a distance of three miles outside of the corporate limits, unless

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the same shall have endorsed thereon a certificate signed by the City Clerk of said City showing that such plat or subdivision has been accepted and approved by the City Commission. Section 12.8. Preservation and Destruction of Records Subject to any applicable State law, the City Commission shall have power to determine the period and manner in which Municipal records shall be preserved and the time and manner in which they be summarized, microfilmed or destroyed. Section 12.9. Health The City Commission shall be the Board of Health of the City and may appoint a Health Officer, organize and maintain a Health Department, have and exercise all powers and authority conferred upon boards of health by the general laws, and enact such ordinances as may be deemed necessary for the preservation and protection of the health of the inhabitants of the City. The City shall have power to establish, maintain, and regulate suitable hospitals within or without its corporate limits. The City Commission is hereby authorized to consider, negotiate, determine and agree upon the terms and conditions under which this City may join in the organization and maintenance of a County Health Department, or similar agency authorized by law. It may delegate to such Department or agency such powers, functions and duties relating to health as it may deem proper, contract therewith for extra services, and appropriate thereto money, services, or both. It may make applicable to the area of the City any rules or regulations promulgated by said Department or agency. Section 12.10. Investigations The City Commission, the City Manager, or any person or committee authorized by either of them, shall have power to inquire into the conduct of any department, office or officer of the City and to make investigation as to Municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this Section shall be a misdemeanor. Section 12.11. Claims The City shall not be liable in damages for injury to person or property by reason of the negligence of the City, its officers, or employees, or by reason of any defective highway, street, sidewalk, public work, public service improvement, or facility or by reason of any obstruction, ice, snow, or other encumbrance thereon, unless, within sixty days after such injury occurs, the person damaged or his representative causes to be filed with the Clerk a written notice, stating that such person intends to hold the City liable for such damages. Such notice shall set forth

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specifically the time and place of the injury, the manner in which it occurred, the nature of the act, defect, or negligence complained of, the extent of the injury in so far as known, and the names and addresses of witnesses known to the claimant and shall be signed by the claimant himself unless disabled. No such action shall be brought by any person, firm or corporation unless, by means of such notice, the City has had an opportunity to make timely investigation to identify the venue and facts of the claim, and a reasonable opportunity to adjust or settle the same, and in no event shall any such action be brought after the period prescribed by law. It shall be a sufficient bar to any action upon any such claim that the notice of injury required by this Section was not filed within the time and in the manner herein provided. If required by the City Commission, or a committee or delegate thereof appointed to conduct the investigation, said claimant shall produce his witnesses and they may be sworn and examined as to the nature of the claim, the amount thereof, and the extent of the injury. The City Commission, or its committee or delegate, shall have power to subpoena witnesses for such hearing. Section 12.12. Bonds The City Commission may determine whether any officer or employee of the City shall give a bond, and the amount thereof, which bond shall be procured from a surety company authorized to do business under the laws of the State of Michigan. The City Commission may require additional bonds during periods of special risk. Premiums on all such bonds shall be paid by the City, or such agency as may be benefited thereby. Section 12.13. Oath Every elective officer and such other employees as may be designated by the City Commission, before taking office shall take the oath of office prescribed by law, but the oath of office of each Commissioner shall be in writing and be filed with the City Clerk, and contain the statement that in his candidacy for nomination and election he has not violated any provisions of the general election laws of the State. Section 12.14. Condemnation The City Commission shall provide by resolution for acquiring by condemnation or otherwise such property and rights as may be required for any public use or purpose within the scope of its powers in the manner prescribed by the statutes of this State. Any property or rights so acquired and no longer needed for the original purpose, at the discretion of the City Commission, may be diverted to any other public use or purpose within the scope of the powers of the City, or may be leased, encumbered, or sold and disposed of in such manner as said City Commission shall prescribe.

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Section 12.15. Advisory Committees of Boards The City Commission or City Manager with the approval of the City Commission may, from time to time, appoint such committees or boards as are deemed appropriate to advise and consult with them, and with appropriate department heads, regarding any Municipal activity. Such committees or boards shall serve temporarily and without compensation unless otherwise provided by the City Commission. Section 12.16. Circuit Court Rooms. The City Commission may provide such rooms and facilities as may be necessary for the holding of the Circuit Court for Calhoun County in the City. Section 12.17. Amendments This Charter may be amended at any time in the manner provided in Act 279 of the Public Acts of 1909, as amended. Should two or more amendments be adopted at the same election having conflicting provisions, the one receiving the largest affirmative numerical vote shall prevail as to those provisions. Section 12.18. Saving Clause If any section or part of a Section of this Charter proves to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other Section or part of a Section of this Charter or of the Charter as a whole, unless it clearly appears that such other Section or part is wholly or necessarily dependent for its operation upon the Section or part of a Section so held invalid or unconstitutional. CHAPTER 13: SCHEDULE Section 13.1 Purpose The purpose of this schedule chapter is to inaugurate the government of the City of Battle Creek under this Charter and it shall constitute a part of said Charter only to the extent and for the time required to accomplish that end. Section 13.2. Submission to Electors This Charter shall be submitted to a vote of the qualified electors of the City of Battle Creek, being the area described in Exhibit A attached hereto and made a part hereof by this reference, at a special City election to be held on Tuesday, September 27, 1960, between the hours of

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7:00 o’clock, a.m., and 8:00 o’clock p.m. The Clerk shall give and publish notice of such submission as the law requires. Section 13.3. Form of Ballot The form of the question on submission of this Charter shall be as follows: Shall the proposed Charter of the City of Battle Creek, drafted by the Charter Commission which was elected November 2, 1959, be adopted? Yes No and shall also be set forth on paper ballots, for absentee voting, in the usual manner. Section 13.4. Canvass and Adoption The City Clerk as chairman, the City Attorney and City Assessor shall act as the Election Commission and Board of Canvassers of said election and they shall meet at 9:30 a.m. on Thursday, September 29, 1960, publicly canvass the returns, and declare the results of the election. If it is determined that a majority of those voting upon the question voted "Yes," the Charter shall be declared adopted; otherwise it shall be declared rejected. If it is adopted, the City Clerk shall perform all acts required by law to place this Charter into effect. Section 13.5. Effective Date Except as otherwise provided herein, said Charter, if adopted, shall go into effect at 7:30 p.m. on Tuesday, April 11, 1961, at which time the first City Commission under this Charter shall meet, organize, and commence functioning. Section 13.6. First City Commission For the purpose of electing the first City Commission, this Charter shall go into effect January 1, 1961, and the first election shall take place April 3, 1961, at which the qualifications and procedures herein contained shall apply, except as hereafter mentioned. Any current City Commissioner may be a candidate at said election. Those two persons holding positions on the current City Commission whose terms do not expire until 1962 shall be deemed members of the City Commission under this Charter until such expiration date. Therefor, at said first election, five Commissioners shall be elected at large and each elector may vote for up to five candidates; those persons receiving the three highest numbers of votes shall be elected for two year terms; and those receiving the next two highest numbers of votes shall be elected for one year terms. Section 13.7. Annexed Area Representation

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Any area becoming annexed to the City of Battle Creek between July 1, 1960, and the effective date hereof shall qualify for the extra representation provided for in Section 2.5. hereof, if the standards thereof are met, and promptly after the installation of the first City Commission under this Charter, said City Commission shall undertake its duties under said Section to assure such representation. Section 13.8. Succession to Rights and Property The City of Battle Creek as herein provided shall succeed to all of the privileges, titles, easements, rights of way, causes of action, duties, commitments, powers, obligations and be the complete successor of the previous City of Battle Creek. The City shall be vested with all property, moneys, contracts, credits, effects, records, files, books and papers belonging to it under and by virtue of its previous Charter. No rights, or liability contract, lease, or franchise, either in favor of or against the City, and no suit or prosecution of any character, shall be affected in any manner by any change resulting from the adoption of this Charter, but the same shall stand or proceed, as if no change had been made. All debts and liabilities of the City shall continue to be its debts and liabilities, and all debts owing to it and fines, penalties, interest or fees, imposed and existing at the time of such change, shall be collected by the City. All trusts, established for any Municipal purpose, shall be continued in accordance with the terms thereof, subject to the cypress doctrine. All procedures for borrowing funds, assessing taxes, levying special assessments, establishing budgets, acquiring or disposing of property or rights, or otherwise administering the affairs of the City, in progress on the effective date of this Charter, shall be continued and completed in accordance with the terms hereof. Until the City Commission and City Manager herein authorized have exercised their powers with respect thereto, all officers and employees of the City shall continue to have the same duties, rights, powers and compensation as existed prior to the effective date of this Charter. Section 13.9. Transition In all cases involving the transition of the City government from the under the previous Charter to that under this Charter, which are not covered by this chapter, the current City Commission shall supply the necessary details and procedures and may adopt such rules, regulations, and ordinances as may be required therefor. EXHIBIT "A" Boundaries As of July 1, 1960 The City of Battle Creek, Michigan, consists of those areas formerly located in Emmett, Pennfield, Bedford, and Battle Creek Townships, County of Calhoun, State of Michigan, described as follows: A Principal Area.

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Commencing on the boundary line between Battle Creek and Emmett Townships in the Southwest corner of Section 7, T 2 S, R 7 W (Emmett Township) thence East to the Southwest corner of Section 8 of said township; thence South 363.33 feet to the Northerly line of U.S. 12, thence North 57° 07' East along the Northerly line of U.S. 12 to the South line of Section 8; thence East along the South line of Section 8 to the South quarter post of Section 8; thence North on the center line of Section 8 to a point 1488.2 feet North of the center post of said Section; thence N 69° 36' East 308 feet; thence Easterly along a curve, of radius 2,292 feet, whose long chord of 999.1 feet bears South 89° 27' East, a distance of 1,006 feet to a point on the West line of Raymond Avenue; thence South 89° 27' East 33 feet to the center line of Raymond Avenue; thence North 00° 03' East along the center line of Raymond Avenue 245.53 feet; thence Northeasterly along a curve, of radius 922.4 feet, whose long chord of 534.49 feet bears North 16° 52' 30" East, a distance of 542.27 feet; thence North 33° 44' East 1,798.98 feet; thence Northeasterly along a curve, of radius 989.43 feet, whose long chord of 578.56 feet bears North 16° 14' East, a distance of 587.14 feet; thence North 00° 46 West along the center line of Raymond Avenue 2,883.61 feet to the center line of Emmett Street; thence Southwesterly along the center line of Emmett Street to a point 344.42 feet Northeasterly from the North and South quarter line of Section 5, T 2, S, R 7 W, Emmett Township; thence South 09° 36' East 33 feet to the Southerly line of Emmett Street; thence South 238 feet; thence South 80° 24' West 200 feet; thence North 6 feet; thence South 80° 24' West 150 feet to the North and South quarter line of said Section 5; thence North along said North and South 1/4 line to the North quarter post of Section 5, and the North line of said Emmett Township; thence West along the South line of Section 32, T 1, S, R 7 W, (Pennfield Township) to the Southeast corner of Lot 16 of the Replat of Parcels "A" and "B" of Clifton Place Extension as recorded; thence North 0° 30' West 1687.78 feet along the East lines of Lots 13 to 16 inclusive of said Replat, Lots 27 to 37 of the recorded Plat of Clifton Place Extension, Lots 42 to 56 of the recorded Plat of Clifton Place, and of Lots 25 to 22 of the recorded Plat of Convis First Addition and thence North to the center line of Roosevelt Avenue; thence Westerly along the centerline of Roosevelt Avenue to a point directly South of the West line of Lot 32 as recorded in the Supervisors Plat of Irving Park; thence North 00° 13' West 366.6 feet to the Northwest corner of said lot; thence South 89° 11' East 1,560 feet to the center line of East Avenue North; thence North along said center line to the Northeast corner of Section 31, T 1 S, R 7 W; thence North 89° 14' West 1,320.4 feet to the East North-South 1/8th line of said Section; thence South 00° 08' East along said East North and South 1/8th line 2,649.6 feet to the East and West quarter line of said Section; thence West along said East-West quarter line 879.8 feet to the Northwesterly corner of Lot 34 as recorded in said Supervisors Plat of Irving Park; thence due South 742.6 feet to the center line of Roosevelt Avenue; thence Westerly along the center line of Roosevelt Avenue to the West line of Pennfield Township and East line of Bedford Township which is the center line of North Avenue; thence North on said line to the Northeast corner of Section 36, T 1 S, R 8 W, (Bedford Township); thence West along the North lines of Sections 36 and 35, of said township to the North quarter post of Section 35; thence North to the center of Section 26 of said township; thence West to the center of Section 27, of said township; thence West 159.2 feet along said quarter line to a point;

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thence N 55° 00' W along the center line of Hastings Avenue as recorded, known variously as Bedford Road and M-37) 617 feet; thence Westerly 66 feet to the Southeast corner of W. E. Taylor’s Addition to Urbandale as recorded, and the West line of Bedford Road (sometimes known as M-37); thence Northerly along the West line of said road 444.1 feet; thence West, North and West along the North boundary of said Plat of W. E. Taylor’s Addition to Urbandale to the Northwest corner thereof; thence N 00° 00' 30" E along the East line of Section 28, Bedford Township 200.69 feet to the Southeast corner of the Plat of Sellersville, as recorded; thence along the Southerly line of said Plat N 87° 17' 10" W 792.45 feet to a point; thence S 89° 28' 20" W to the intersection of the centerline of East Street as recorded and the Southerly line of Sellersville; thence S 00° 30' W 200.25 feet along the center line of said East Street and the Easterly line of Sellersville to a point in the Southerly line of Simmons Avenue; thence S 00° 02' E 797.10 feet to the Northwest corner of Lamora Park which point is 1,672 feet West of the East line of Section 28 of said Township of Bedford; thence South parallel to the East line of said Section to the Northeast corner of Lot 4, Plat of West Urbandale as recorded; thence West along the North line of said Lot 4 and a continuation thereof 198 feet to the center of Pleasant Avenue; thence South along said center line 311.07 feet to the center line of West Michigan Avenue; thence Southeasterly along the center line of West Michigan Avenue 219.52 feet to a point which is 1,672 feet West of the East line of said Section 28; thence South parallel to the East line of said Section 28 and of Section 33, of said township, to the center line of West River Road as recorded in Pratt and Keithan Addition No. 1; thence Northwesterly along the center line of said West River Road 387.75 feet; thence Southerly and parallel to the East line of Section 33 1,472.4 feet, more or less, to the Northerly line of right-of-way of the Michigan Central Railroad Company; thence Southeasterly along the Northerly line of said right-of-way 387.1 feet, more or less, to a point which is 1,672 feet West of the East line of said Section 33; thence South to the South line of said Section and township; thence East along the South lines of Sections 33,34 and 35 to the North quarter post of Section 2 of Battle Creek Township; thence South along the North and South quarter lines of Sections 2 and 11 of Battle Creek Township, T 2 S, R 8 W, to the South quarter post of said Section 11; thence East along the South lines of Section 11 and 12 of said township to the Southwest corner of Section 7, Emmett Township, the place of beginning. B Goguac Lake Area. All that part of Sections 13, 14 and 23, in the Township of Battle Creek, described as follows, to-wit: Commencing at the Northwest corner of Section 13, thence East 33 feet; thence South and parallel with the Section line 4,450 feet (67.42ch.); thence West 66 feet; thence South 34° West 74 feet; thence South, 47 1/2° East 340 feet; thence South 65° West 380 feet; thence South 47° West 566 feet to the South line of Section 14, said point being distant 1,086 feet West of the Southeast corner of said Section 14; thence West 465 feet; thence South 45° West 746 feet; thence South 240 feet; thence West 360 feet to Goguac Lake; thence North 5° East 360 feet; thence East 165 feet; thence North 11° East 231 feet; thence North 60° East 363 feet to the North line of Section 23; thence North 43 1/2° East 304 feet; thence North 87° East 462 feet; thence North 12° East

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175 feet; thence North 71° East 460 feet; thence South 30° East 66 feet; thence North 80° East 160 feet; thence North 53° East 225 feet; thence South 45° East 100 feet; thence North 47 1/2° East 332 feet; thence North 34° East 150 feet; thence North 1,405 feet; thence South 81° and 47' West 607 feet more or less to Goguac Lake; thence Northwesterly along the lake shore 158 feet more or less; thence North 40° and 25' East 322 feet, to the quarter Section line of Section 14; thence North 89 1/4° East along the quarter Section line 330 feet; thence North 132 feet; thence East 132 feet; thence North 2,522 feet to the Section line; thence East 33 feet to the place of beginning. C Sewage Plant Area. Beginning on the West line of the City Limits of the City of Battle Creek as heretofore located, at a point 1,672 feet West of the East line of Section 33, T 1 S, R 8 West (Bedford Township) and 740 feet North of the East and West quarter line of said Section, such place of beginning being also located on the East line of Lot 20 of Supervisor’s Plat of River Road Addition, as recorded in Liber 10 of Plats, pages 11 and 12, Calhoun County records, distant 1,300 feet North along said line from the Southeast corner of said Lot 20, and running thence Northwesterly to a point on the West line of said Lot 20, distant 1,155 feet Northerly along said line from the North line of River Road; thence North on said West line 233.85 feet to a point 1,338.85 feet Northerly along said line from the North line of River Road; thence Westerly to a point on the West line of Lot 18 of the Supervisor’s Plat of River Road Addition, distant Northerly along said line 1,440 feet from the North line of River Road; thence South along said line 165 feet to a point distant 1,275 feet Northerly along said line from the North line of River Road; thence Westerly to a point on the West line of Lot 15 of Supervisor’s Plat of River Road Addition, distant North 1,269 feet from the North line of River Road; thence South along said line 19 feet to a point distant 1,250 feet North from the North line of River Road; thence Westerly to a point on the West line of Lot 12 of Supervisor’s Plat of River Road Addition, distant 1,200 feet Northerly along said line from the North line of River Road; thence Westerly to a point on the West line of Lot 11 of Supervisor’s Plat of River Road Addition, distant Northerly along said line 1,135 feet from the North line of River Road; thence West to a point on the West line of Lot 10 of Supervisor’s Plat of River Road Addition, distant Northerly along said line 1,100 feet from the North line of River Road; thence West to a point on the West line of Lot 9 of Supervisor’s Plat of River Road Addition, distant Northerly along said line 1,070 feet from the North line of River Road; thence West to a point on the West line of Lot 8 of Supervisor’s Plat of River Road Addition, distant 1,045 feet North along said line from the North line of River Road; thence South along said line 145 feet to a point 900 feet North of the North line of River Road; thence West to a point on the West line of Lot 7 of Supervisor’s Plat of River Road Addition, distant Northerly along said line 900 feet from the North line of River Road; thence South along said line 100 feet to a point 800 feet North of the North line of River Road; thence West to a point on the West line of Lot 4 of Supervisor’s Plat of River Road Addition, distant northerly along said line 800 feet from the North line of River Road; thence South along said line 100 feet to a point distant Northerly along said line 700 feet from the North line of

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River Road; thence Westerly to a point on the West line of Lot 2 of Supervisor’s Plat of River Road Addition, distant Northerly along said line 700 feet from the North line of River Road; thence South along said line 50 feet to a point distant Northerly along said line 650 feet from the North line of River Road; thence Westerly to a point on the West line of Lot 1 of Supervisor’s Plat of River Road Addition (being the East line of Section 32, T 1 South, R 8 West) distant Northerly along said line 650 feet from the North line of River Road; thence South along the West line of said Lot 1 and the East line of said Section 32,650 feet to the North line of River Road; thence North 69 degrees 32 minutes West along the North line of River Road 387 1/2 feet; thence South 497.1 feet to the North line of the New York Central Railroad right of way; thence Westerly along the Northerly line of the New York Central Railroad right of way to the North and South quarter line of Section 32, Town 1 South, Range 8 West; thence Westerly along the Northerly line of the New York Central Railroad right of way to the West line of the East 1/2 of the Northwest 1/4 of Section 32, Town 1 South, Range 8 West; thence North along the West line of the East one-half of the Northwest one-quarter of said Section 32 and the West line of the East one-half of the Southwest one-quarter of Section 29, Town 1 South, Range 8 West, to the Kalamazoo River, as located November 24, 1956; thence Northwesterly at right angles to the center line of such River; thence upstream along the center line of the main channel of such River to Waubascon Creek, as located November 24, 1956; thence upstream along the Southerly bank of such Creek to a point which is 197 feet West of the East line, and 360 feet North of the South line of Section 29, Town 1 South, Range 8 West; thence Southeasterly 610 feet to a point on the South line of Section 28, Town 1 South, Range 8 West, distant 280 feet Easterly along said Section line from the Southwest corner of said Section 28; thence Southeasterly along the same course 260 feet; thence Southeasterly 1,100 feet to a point which is South 83 degrees 15 minutes East 1,542 feet from a point on the West line of Section 33, Town 1 South, Range 8 West, which is 358.72 feet South of the Northwest corner of Section 33; thence South 83 degrees 15 minutes East 837 feet; thence South 71 degrees 35 minutes East 1,270.70 feet to the Westerly line of the City Limits of Battle Creek as heretofore located; thence Southerly along the Westerly line of such City Limits to the place of beginning. D Verona-Bailey Area. Beginning at a point on the South line of Section 32, Town 1 South, Range 7 West, Pennfield Township, Calhoun County, Michigan, distant East 233.28 feet from the Northwest corner of "Codling’s Addition to the City of Battle Creek," which point is also 2.75 feet West of point "F" of the "Replat of Lots 10 to 27 inclusive" of said "Codling’s Addition," thence Northeasterly along a 3 degree, 25 minute, 45 second curve of radius, 1,673.7 feet; a distance of 271.22 feet; thence North 18 degrees, 48 minutes East 402.90 feet; thence North 18 degrees, 31 minutes East 472.91 feet; thence 460.55 feet Northwesterly along a curve to the left of radius 1,030.27 feet to the Southerly line of "Bailey Park;" thence South 88 degrees, 44 minutes West 690 feet, more or less, to the centerline of M-78 as now located; thence Northeasterly along the centerline of M-78, 1,693 feet, more or less, to the centerline of Bridge Street as shown on the Supervisor’s Plat of Pleasantview Park in Pennfield Township,

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extended Westerly to said centerline of M-78; thence Easterly along the centerline of said Bridge Street to the West line of Lot 11 of said Plat of "Pleasantview Park," extended Southerly; thence Northerly along the West line of said Lot 11 509.8 feet to the Northwest corner of said Lot 11; thence Easterly 560 feet to the Northeast corner of Lot 17 of said Plat of Pleasantview Park; thence Southerly along the East line of said Lot 17, extended, to the centerline of Bridge Street; thence Easterly along said centerline to the centerline of the Battle Creek River; thence Northerly and Northeasterly along the centerline of the Battle Creek River to the Westerly line of Lot 21 of the recorded plat of "Riverside Gardens" in Pennfield Township, extended Northerly to said centerline; thence Southerly and along the West line of said Lot 21 and West line of said Lot 21 extended Southerly to the Southerly line of Brigden Avenue, (formerly Riverside Drive); thence Easterly along the Southerly line of said Brigden Avenue to the Northwest corner of Lot 28 of said Plat of Riverside Gardens; thence Southerly along the West line of said Lot 28, 200 feet; thence Easterly to the Easterly line of said Lot 27 of said Plat of Riverside Gardens; thence Northerly on the Easterly line of said Lot 27, 200 feet to the Southerly line of said Brigden Avenue; thence Easterly along the Southerly line of said Brigden Avenue to a point 82 feet Easterly from the Northeast corner of Lot 26 of the recorded Plat of Riverside Gardens in Pennfield Township; thence Southerly along a line which is 82 feet Easterly and parallel to the Easterly line of said Lot 26 of Riverside Gardens 837 feet, more or less; thence South 25 degrees, 40 minutes West along a line 232 feet westerly measured at right angles from and parallel to the Westerly line of the Grand Trunk Western Railroad right-of-way as shown on the recorded Plat of Riverside Gardens in Penufield Township 961 feet, more or less, to the East and West one-quarter line of Section 33; thence South 25 degrees, 40 minutes West along a line 249 feet Westerly measured at right angles from and running parallel to the Westerly line of the right-of-way of the Grand Trunk Western Railroad 1,420 feet, more or less, to a point 382 feet Northerly from the North line of the recorded Plat of Verona Addition in Pennfield Township; thence Westerly parallel to and 382 feet Northerly from said North line of said Verona Addition to a point 680 feet westerly from the Westerly line of the Grand Trunk Western Railroad right-of-way; thence Northerly measured at right angles, 100 feet; thence Westerly, at right angles 400 feet, more or less, to the centerline of the Battle Creek River; thence Southwesterly along the centerline of the Battle Creek River to the Southerly line of "Bailey Park" extended Easterly; thence Westerly along the Southerly line of "Bailey Park" to a point 236 feet, more or less, Westerly from the North and South one-quarter line of Section 32, which is the Easterly line of a roadway located North 88 degrees, 40 minutes East 737 feet, more or less, from the centerline of M-78 as now located; thence Southerly on a curve to the right of radius 1,096.27 feet 269.27 feet; thence along a curve of radius of 10 feet and chord of 19.38 feet, 26.41 feet; thence South 58 degrees 59 minutes East 66 feet to the Southeasterly line of a curve to the left, of radius 1,320.21 feet, 400 feet, more or less, to a point of tangency; thence South 18 degrees 31 minutes West 670 feet, more or less, to a curve; thence along the arc of a curve to the left, of radius 1,708.34 feet, 249 feet, more or less, to the South line of Section 32; thence Westerly along the South line of Section 32, 69.6 feet more or less to the point of beginning.

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E Springfield Areas. (subject to litigation) Commonly known as Merrill Park Area: Beginning at a point on the N-S quarter line of Section 2, T 2 S, R 8 W, 1557.8 feet North of the South quarter post of said Section; thence West 223.3 feet; thence North 250 feet to the Northeast corner of Lot 6 of the recorded plat of Merrill Park Subdivision; thence East 8.3 feet to the Southeast corner of Lot 7 of said plat; thence North 109 feet to the Northeast corner of Lot 8 of said plat; thence West along the North line of Lot 8 and the Westerly extension of Lot 8, 198 feet more or less to the centerline of Avenue "E" thence Northwesterly along the centerline of Avenue "E" to the centerline of 14th Street; thence Northeasterly along the centerline of 14th Street 225 feet; thence Northwesterly parallel with Avenue "E" 403.5 feet to the centerline of 16th Street; thence Southwesterly along the centerline of 16th Street to the centerline of Avenue "C" thence Northwesterly along the centerline of Avenue "C" to the centerline of 19th Street; thence Northwesterly along the centerline of 19th Street and a continuation of the centerline of 19th Street to the centerline of LaFayette Street; thence Southeasterly along the centerline of LaFayette Street to the N-S quarter line of Section 2, T 2 S, R 8 W; thence South along said N-S quarterline to the place of beginning. Commonly known as the Eaton-Clark Area; Commencing at the West quarter post of Section 3, T 2 S, R 8 W, and running thence North on the West line of said Section 3 to the North boundary line of the right of way of the Michigan Central Railroad Allegan Branch; thence Southeasterly along the Northerly boundary line of said right of way to the West N-S eighth line of said Section 3; thence North on said eighth line to the centerline of LaFayette Street; thence Southeasterly along the centerline of LaFayette Street to a point distant 888.36 feet more or less East from the N-S quarter line of said Section 3; thence North parallel with said N-S quarter line to the North line of said Section 3; thence East on said North Section line to the East N-S eighth line of said Section 3; thence South on said eighth line to the centerline of LaFayette Street; thence Southeasterly along the centerline of LaFayette Street to a point distant Northwesterly along said street line 458.5 feet from the East line of said Section 3; thence North parallel with said East Section line 630.36 feet; thence Southeasterly parallel with the centerline of LaFayette Street to the East line of said Section 3; thence South on said East Section line to the centerline of Avenue C; thence Northwesterly along the centerline of Avenue C to the Westerly line of 24th Street; thence North on the Westerly line of 24th Street 185 feet; thence West 50 feet; thence South parallel with the West line of 24th Street to the E-W quarterline of said Section 3; thence West on said E-W quarterline to the West N-S eighth line of said Section 3; thence South on said eighth line to the Northerly line of Avenue A; thence Northwesterly on the Northerly line of Avenue A to the E-W quarterline of said Section 3; thence West on said quarterline to the point of beginning. F Any other area being a part of the City of Battle Creek on the effective date of this Charter.

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RESOLUTION OF ADOPTION At a meeting of the Charter Commission of the City of Battle Creek, held in the City Hall of the City, on Thursday, July 21, 1960, the following members of the Charter Commission were present: Wendell E. Doty, Stanley Everett, George F. Gronewold, R. J. Hamilton, Donald B. Morrison, Frank L. Murray, Aaron J. Pearlman, Ronald M. Ryan and Millard Vandervoort, a quorum. At such meeting, the following resolution was offered by Commissioner R. J. Hamilton and seconded by Commissioner Frank L. Murray: RESOLVED, that the Charter Commission of the City of Battle Creek does hereby adopt the foregoing instrument as the proposed revised Charter of the City of Battle Creek and the Secretary of this Commission is directed: (1) To transmit the same to the Governor of the State of Michigan for his approval in accordance with the provisions of Act 279, P. A. 1909 as amended. (2) To file a copy of the same with the City Clerk. (3) To cause the same to be published in full in the Battle Creek Enquirer and News not earlier than August 30, nor later than September 12, 1960. The vote on tile adoption of the resolution was as follows: Ayes: Commissioners Wendell E. Doty, Stanley Everett, George F. Gronewold, R. J. Hamilton, Donald B. Morrison, Frank L. Murray, Aaron J. Pearlman, Ronald M. Ryan and Millard Vandervoort. Nays: None. Absent: None. The Chairman thereupon declared the foregoing resolution adopted by a unanimous vote and requested the members of the Charter Commission to authenticate said resolution to be filed, with a true copy of said proposed Charter, with the City Clerk and presented to the Governor of the State of Michigan for his approval, in the following manner: /s/ Wendell E. Doty /s/ Stanley Everett Wendell E. Doty Stanley Everett /s/ George F. Gronewold /s/ R. J. Hamilton George F. Gronewold R. J. Hamilton /s/ Donald B. Morrison /s/ Frank L. Murray Donald B. Morrison Frank L. Murray /s/ Aaron J. Pearlman /s/ Ronald M. Ryan Aaron J. Pearlman Ronald M. Ryan /s/ Millard Vandervoort Millard Vandervoort Chairman The Commissioners above named having attested to said resolution, the meeting was adjourned subject to the call of the Chairman. Attested as a true copy of the minutes of said meeting. /s/ Joseph M. Boos Joseph M. Boos, City Clerk and Clerk of the Charter Commission of the City of Battle Creek, Michigan /s/ George F. Gronewold George F. Gronewold, Secretary of the Charter Commission of the City of

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Battle Creek, Michigan APPROVAL OF GOVERNOR I do hereby approve the above and foregoing Charter of the City of Battle Creek. /s/ G. M. Williams G. Mennen Williams, Governor of the State of Michigan Dated: August 5, 1960