Section 1. Definitions. For purposes of this Article, “Act” shall mean the Communications Act of 1934, as amended and specifically as amended by the Cable Television Consumer Protection and competition Act of 1992, Pub. L. 102-385, and as may be amended from time to time; “FCC” shall mean the Federal Communications Commission; “FCC Rules” shall mean all rules of the FCC promulgated from time to time pursuant to the Act; “basic cable service” shall mean “basic service” as defined in the FCC Rules, and any other cable television service which is subject in the FCC Rules, and any other cable television service which is subject to rate regulation by the city pursuant to the Act and the FCC Rules; “associated equipment” shall mean all equipment and services subject to regulation pursuant to 47 CFR Section 76.923; and an “increase” in rates shall mean an increase in rates or a decrease in programming or customer services. All other words and phrases used in this Article shall have the same meaning as defined n the Act and FCC Rules.

Section 2. Purposes; Interpretation. The purpose of this Article is to:

1. Adopt regulations consistent with the Act and the FCC rules with respect to basic cable service rate regulation; and

2. Prescribe procedures to provide a reasonable opportunity for consideration of the views of interested parties in connection with basic cable service rate regulation by the City. This Article shall be implemented and interpreted consistent with the Act and FCC rules.

Section 3. Rate Regulations Promulgated by FCC. In connection with the regulation of the rates for basic cable service and associated equipment, the City of Manistique shall follow all FCC Rules.

Section 4. Filing; Additional Information; Burden of Proof.

(a) A cable operator shall submit its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates in accordance with the Act and the FCC rules. The cable operator shall include as part of its submission such information as is necessary to show that its schedule of rates or its proposed increase in rates complies with the Act and the FC Rules. The cable operator shall file 10 copies of the schedule or proposed increase with the City Clerk. For purposes of this Article, the filing of the cable operator shall be deemed to have been made when at least 10 copies have been received by the City Clerk. The City Council may, by resolution or otherwise, adopt rules and regulations prescribing the information, data and calculations which must be included as part of the cable operator’s filing of the schedule of rates or a proposed increase.

(b) In addition to information and data required by rules and regulations of the City pursuant to Section 4(a) above, a cable operator shall provide all information requested by the City Manager in connection with the City’s review and regulation of existing rates for the basic service tier and associated equipment or a proposed increase in these rates. The city manager may establish deadlines for submission of the requested information and the cable operator shall comply with such deadlines.

(c) A cable operator has the burden of proving that its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates complies with the Act and the FCC Rules including, without limitation, 47 USC Section 543 and 47 CFR Sections 76.922 and 76.923.

Section 5. Proprietary Information. If this Article, any rules or regulations adopted by the City pursuant to Section 4(a) or any request for information pursuant to Section 4(b) requires the production of proprietary information, the cable operator shall produce the information. However, at the time the allegedly proprietary information is submitted, a cable operator may request that specific identified portions of its response be treated as confidential and withheld from public disclosure. The request must state the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the City determines that the preponderance of the evidence should that non disclosure is consistent with the provisions of the Freedom Information Act, 5 U.S.C Section 552. The city shall place in a public file for inspection any decision that results in information being withheld. If the cable operator requests confidentiality and the request is denied,

Where the cable operator is proposing a rate increase, it may withdraw the proposal, in which case the allegedly proprietary information will be returned to it; or

(1) The cable operator may seek review within five working days of the denial in any appropriate forum. Release of the information will be stayed, pending review.

(b) Any interested party may file a request to inspect material withheld as proprietary with the City. The City shall weigh the policy considerations favoring non disclosure against the reasons cited for permitting inspection in light of the facts of the particular case. It will ten promptly notify the requesting entity and the cable operator that submitted the information as to the disposition of the request. It may grant, deny, or condition a request. The requesting party or the cable operator may seek review of the decision by filing an appeal with any appropriate forum. Disclosure will be stayed pending resolution of any appeal.

(c) The procedures set forth in this section shall be construed as analogous to the consistent with the rules of the FCC regarding requests for confidentiality including, without limitation, 47 CFR Section 0.459.

Section 6. Public Notice; Initial Review of Rates. Upon the filing of 10 copies of the schedule of rates or the proposed increase in rates pursuant to Section 4(a) above, the City Clerk shall pubish a public notice in a newspaper of general circulation in the City which shall state that:

(1) The filing has been received by the City Clerk and (except those parts which may be withheld as proprietary), is available for public inspection and copying, and

(2) Interested parties are encouraged to submit written comments on the filing to the City Clerk not later than seven days after the public notice is published. The City Clerk shall give notice to the cable operator of the date, time, and place of the meeting at which the City Council shall first consider the schedule of rates or the proposed increase. This notice shall be mailed by first class mail at least three days before the meeting. In addition, if a written staff or consultant's report on the schedule of rates or the proposed increase is prepared for consideration of the City Council, then the city Clerk shall mail a copy of the report by first class mail to the cable operator at least three days before the meeting at which the City Council shall first consider the schedule of rates or the proposed increase.

Section 7. Tolling Order. After a cable operator has filed its existing schedule of rates or a proposed increase in these rates, the existing schedule of rates will remain in effect or the proposed increase in rates wil become effective after 30 days from the date of filing under Section 4(a) above unless the City Council (or other properly authorized body or official) tolls the thirty day deadline pursuant to 47 CFR Section 76.933 by issuing a brief written order, by resolution or otherwise, within thrity days of the date of filing. The City in cases not involving cost of service showings and for an additional 150 days in cases involving cost of service showings.

Section 8. Public Notice; Hearing on basic cable service rates following tolling of 30-day Deadline. If a written order has been issued pursuant to Section 7 and 47 CFR Section 76.933 to toll the effective date of existing rates for the basic service tier and associated equipment or a proposed increase in these rates, the cable operator shall submit to the City any additional information required or requested pursuant to Section 4 of this Article. In addition, th eCity Council shall hold a public hearing to consider the comments of interested parties within the additional 90 day or 150 day period, as the case may be. The City Clerk shall publish a public notice of the public hearing in a newspaper of general circulation within the City which shall state:

(1) The date, time, and place at which the hearing shall be held;

(2) Interested parties may appear in person, by agent, or by letter at such hearing to submit comments on or objections to the existing rates or the proposed increase in rates; and

(3) Copies of the schedule rates or the proposed increase in rates and related information (except those parts which may be withheld as proprietary) are available for inspection or copying from the office of the Clerk. The public notice shall be published not less than fifteen days before the hearing. In addition, the City Clerk shall mail by first class mail a copy of the public notice to the cable operator not less than fifteen days before the hearing.

Section 9. Staff or Consultant Report; Written Response. Following the public hearing, the City Manager shall cause a report to be prepared for the City Council which shall (based on the filing of the cable operator, the comments or objections of interested parties, information requested from the cable operator and its resonse, staff, or consultant's review, and other appropriate information) incluse a recommendation for the decision of the City Council pursuant to Section 10. The City Clerk shall mail a copy of the report to the cable opeartor by first class mail not less than twenty days before the City Council acts under Section10. The cable operator may file a written response to the report with the City Clerk. If at least tne copies of the response are filed by the cable opeartor with the City Clerk within then days after the report is mailed to the cable operator.

Section 10. Rate Decisions and Orders. The City Council shall issue a written order, by resolution or otherwise, which isn whole or in part, approves the existing rates for basic cable service and associated equipment or aproposed increase in such rates, denies the existing rates orproposed increase, orders a rate reduction , prescribes a reasonable rate, allows the existing rates or proposed increase to become effect subject to refund, or orders other approporiate relief, in accordance with the FCC Rules. If the City Council issues an order allowing the existing rates orp roposed increase to become effective subject to refund, or orders other appropriate relief, in accordance with the FCC rules. If the City Council issues an order allowing the existing rates or proposed increase to become effective suject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 CFR section 76.933. The order specified in this Section shall be issued within 90 days of the tolling order under SEction 7 in all cases not involving a cost of service showing. The order shall be issued within 150 days after the tolling order under SEction 7 in all cases involving a cost of service showing.

Section 11. Refunds, Notice. The City Council may order a refund to subscribers as provided in 47 CFR Section 76.942. Before the City Council orders any refund to subscribers, the City Clerk shall give at least seven days written notice to the cable opeartor by first class mail of the date, time, and place at which the City Council shall consider issuing a refund order and shall provide an opportunity for the cable operator to comment. The cable operator may appear in person, by agent, or by letter at such time for the purpose of submitting comments to the City council.

Section 12. Written Decisions; Public Notice. Any order of the City Council pursuant to Section 10 or Section 11 shall be in writing, shall be effective upon adoption by the City Council, and shall be deemed released to the public upon adoption. The clerk shall publish a public notice of any such written order in a newspaper of general circulation within the City which shall:

(1) Summarize the written decision; and

(2) State that copies of the text of the written decision are available for inspection or copying from the Office of the clerk. In addition, the City Clerk shall mail a copy of th text of the written decision to the cable operator by first class mail.

Section 13. Rules and Regulations. In addition to rules promulgated pursuant to Section 4, the City Council may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, wihtout limitation, the conduct of hearings), consistent with the Act and the FCC Rules.

Section 14. Failure to give notice. The failure of the City Clerk to give the notices or to mail copies of reports as required by this ARticle shall not invalidate the decisions or proceedings of the City Council.

Section 15. Additional Hearings. In addition to the requirements to this Article, the City Council may hold additional public hearings upon such reasonable notice as the City Council, in its sole discretion, shall prescribe.

Section 16. Additional Powers. The City shall possess all powers conferred by the Act, the FCC Rules, the cable operator's franchise, and all other applicable law. The powers eercised pursuant to the act, the FCC Rules, and this ARticle shal be in addition to powers conferred by law or otherwise. The City ay take any action not prohibited by the Act and the FCC Rules to protect the public interest in connection with basic cable service rate regulation.

Section 17. Failure to Comply; Remedies. The City may pursue any and all legal and equitable remedies against the cable operator (including, without limitation, all remedies provided under a cable operator's franchise with the City) for failure to comply with the Act, the FCC Rules, any orders or determinations of the City pursuant to this Article, any requirements of this Article, or any rules or regulations promulgated hereunder. Subject to applicable law, failure to comply with the Act, the FCC Rules, and orders or determinations of the city pursuant to this article, any requiremetns of this Article, or any rules and regulations promulgated here under shall also be sufficient grounds for revocation or denial of renewal of a cable operator's franchise.

Section 18. Severability. The various parts, sections, and clauses of this Article are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Article shall not be affected thereby.

Section 19. Conflicting Provisions. In the event of any conflict between this Article and the provisions of any prior ordinance or any franchise, permit, consent agreement or other agreement with a cable operator, then the provision of this Article shall control.

If any section, subsection, sentence, clause, or phrase of the within ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Introduced: September 27, 1993

Passed: October 6, 1993

Published: October 7, 1993

Section 1. Necessity.

IT IS HEREBY DETERMINED to be necessary for the public health, welfare, and financial stability of the City of Manistique (hereinafter referred to as “City”) to raise funds, to pay the City’s share of the landfill closure, both as a separate entity and as a member of the County Wide Department of Public Works. The City expects its share of expenses for the upcoming year to be approximately $42,000 and the City having determined that the fairest and most equitable way to raise these funds is to levy a fee on all real property owners or occupiers of real property within the City of Manistique.

Section 2. All landowners or occupants of real estate in the City of Manistique who receive City water service shall pay the following fees spursuant to their meter connection size to help defray the cost of closing the landfill as follows:

Meter Connection Size	Number of Connections	Land Fill Charge Per Month	Income Per Month
5/8”	1,312 Residential	$2.00	$2,624
5/8”	124 Commercial	2.50	310
1”	29 Commercial	3.00	87
1.25”	4	4.00	16
1.5”	10	5.00	50
2”	18	6.00	108
3”	4	7.00	28
4”	1	8.00	8
6”	1	10.00	10

Section 3. All businesses, homes, apartments, and the like excluding vacant land located in the City of Manistique that do not have water connections within the City of Manistique shall be assessed a landfill closure charge in the amount of $2.00 each month if the real property is residential and $2.50 per month if the real property is commercial.

Section 4. Billing. The landfill closure costs assessed in this ordinance shall be billed monthly and wherever possible, added to the monthly water bills commencing April1, 1994 and continuing for a thirteen-month period. Except that owners of occupants of real property without water connections shall have the option of paying the whole fee for the thirteen months in advance on or before April 15, 1994.

Section 5. Failure to Pay/Lien of Property:

Charges for services provided by the system shall become due and payable on or before the fifteenth day after the date of the bill. If bills are not paid by the tenth day after the due date, a five percent penalty will be added for nonpayment thereof.

Charges for serviced provided by the system shall constitute a lien on the property served, and if not paid within six months after the same are due, the official or officials in charge of the collection thereof shall, prior to April 1st of each year, certify to the city Assessing Officer, the facts of such delinquency, whereupon the City Assessing officer shall enter such delinquent charges upon the next general City tax roll as a charge against such premises and the same shall be collected and the lien thereof enforced in the same manner as general City taxes against such premises are collected and the lien thereof enforced.

The City shall have the right to bring legal action to recover unpaid landfill closure charges that are sixty or more days delinquent as provided by law.

Section 6. Repeal. To any extent that any ordinance heretofore adopted is inconsistent herewith, same is hereby repealed to the extent of said inconsistency and the balance of said ordinance shall be preserved and remain enforceable.

Section 7. Publication and Recordation. This ordinance shall be published in full in the Manistique Pioneer Tribune, Inc., a newspaper of general circulation in the City of Manistique, qualified under state law to publish legal notices promptly after its adoption, and the same shall be recorded in the ordinance book of the city and such recording authenticated by the signatures of the Mayor and City Clerk.

Section 8. Savings Clause. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 9. Effective Date. This ordinance shall take effect April 1, 1994 or ten days after its publication whichever is later.

Section 10. Termination Date. This ordinance shall terminate thirteen months after its effective date.

Introduced: February 28, 1994

Passed: March 14, 1994

Published: March 17, 1994

Section 1: Title. This ordinance shall be known and cited as the City of Manistique Vehicle and Heavy Truck Trailer Parking Ordinance.

Section 2: Definitions. The word “Parking” wherever used in this ordinance is defined to mean, “allowing a vehicle to remain standing.”

Section 3: Regulations.

(a) Vehicles used in the transportation of inflammable or explosives or heavy lumber, iron, cement bags or blocks shall NOT Be allowed to park in any street within the City Limits of the ity of Manistique for period greater than TWO HOURS within a 24 hour period. This also applied to empty platform trucks and trailers.

(b) No heavy truck, semi-tractor shall be parked within the limits of any street or other public place for the purpose of repairing, painting, remodeling or otherwise working on said vehicle.

(c) No vehicle, truck or automobile shall be parked further than 2 feet form the curb line is there is one, and if there is no curb, they shall not be parked within the main traveled protion of the street or highway.

(d) When any competent authority designating a NO parking zone, the parking by a automobile, has erected signs truck or other vehicle contrary thereto shall be a violation of this Ordinance.

(e) No automobiles, trucks or other vehicles shall be parked or permitted to stand within the boundaries of any street and within 500 feet of any building on FIRE. (f)

(g) Section 4: Violation, Penalties. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this ordinance shall be guilty of a civil infraction and fined not more than One Hundred Dollars ($100.00) and the costs of prosecution.

Section 5: Validity. Should any section, clause, or provision of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part there of, other than the part so declared to be invalid.

Section 6: conflicting Provisions Repeated. Any ordinance or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed.

Section 7: This ordinance shall take effect 30 days after publication.

Introduced: June 27, 1994

Passed: July 11, 1994

Published: July 28, 1994

Section 1. Title. This ordinance shall be cited as the City of Manistique Ban on Thru Bus and Truck Traffic on Manistique Avenue Ordinance.

Section 2. Definitions.

A. The work “truck” whenever used in this ordinance is defined as follows:

Vehicles used in the transportation of inflammable or explosive or heavy lumber, iron, cement bags blocks; heavy trucks, semi-tractors, and other vehicles requiring commercial license plates pursuant to the Michigan Vehicle code.

B. The word “bus” whenever used in this ordinance is defined as follows:

Any vehicle carrying or transporting more than twelve passengers whether for commercial, school or other purposes.

Section 3. Regulation. No through truck or bus traffic shall be allowed on Manistique Avenue from U.S. 2 to Cattaraugus Avenue.

Section 4. Violation Penalties. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resist the enforcement of any of the provisions of this ordinance shall be guilty of a civil infraction and fined not more than $100.00 and the costs of prosecution.

Section 5. Validity. Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.

Section 6. Conflicting Provisions Repealed. Any ordinance or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed.

Section 7. Effective Date. This ordinance shall take effect 30 days after publication.

Introduced: December 20, 1994

Passed: January 9, 1995

Published: January 12, 1995

Section 1: Title. This ordinance shall be known and cited as the “City of Manistique Type II Solid Waste Disposal Regulation and Collection Licensing Ordinance.”.

Section 2: Definitions: As used in this ordinance :

a. “Business” means any trade, corporation, profession, work, commerce or other activity owned or operated for solid waste collection or transportation by any person within the city.

b.”City” means the City of Manistique, Michigan.

c.“Commercial Solid Waste” means all types of solid waste generated by stores, offices, restaurants, warehouses, multi family residences with bulk containers and other non-manufacturing activities, but does not include household waste, hazardous waste, and industrial wastes.

d. “Compost Material” includes vegetable refuse, manure, leaves, grass clippings, and other biodegradable mixtures or compounds used for fertilizing or conditioning soil.

e. “Licensing Agent” means the Manistique City Clerk or such other city official or employee as may be designated by resolution of the City Council.

f. “Person” means any individual, partnership, association or corporation.

g. “Recycled Material” means material which is used or reused if it is either of the following:

(i) Employed as an ingredient in an industrial process to make a product, unless distinct components of the material are recovered as separate end products such as when metals are recovered from metal containing secondary materials;

(ii) Employed in a particular function or application as an effective substitute for a commercial product, such as spent pickle liquor used as phosphorus precipitant and sludge conditioner in wastewater treatment.

h. “Residential Solid Waste” (aka Household Waste) means any solid waste, including garbage and trash that is derived from households, including any of the following:

(i) Single and multiple residences without bulk containers;

(ii) Hotels and motels;

(iii) Bunkhouses;

(iv) Ranger stations;

(v) Crew quarters;

(vi) Campgrounds;

(vii) Picnic grounds;

(viii) Day-use recreations areas.

i. “Type II Solid Waste” defined as solid waste as is allowed in a Type II landfill, but not including Type III solid waste.

j. “Type III Solid Waste” defined as solid waste as is allowed in a Type III landfill.

Section 3: Purpose.

a. The City of Manistique has the responsibility to assure solid waste removal from its site of generation frequently enough to protect the public health, and insure that it is delivered to licensed disposal areas pursuant to the Solid Waste Management Act, MCL 299.401;

b. The Schoolcraft County Solid Waste Management Plan promulgated pursuant to the Solid Waste Management Act, last updated September 1990, and approved by the Michigan Department of Natural Resources, includes continued existence and operation of the Schoolcraft County Department of Public Works, directs participation of the City and all townships, and encourages use of private enterprise in transportation of solid waste generated in Schoolcraft County from its point of origin to a lawfully licensed landfill;

c. The City of Manistique, through its City Council acknowledges and accepts its responsibility to insure such removal of solid waste from its site of origin to a licensed disposal area as required by the Solid Waste Management Act;

d. The solid waste landfill that has been used by the citizens in all municipalities of Schoolcraft County, located in Hiawatha Township on M-94, in Section 26, Township 43 North, Range 16 West, is now closed under the terms of the Schoolcraft County Solid Waste Management Plan, funds are required to pay toward the cost of closure, funds are required for the continued operation of the Department of Public Works which oversees solid waste disposal in Schoolcraft county, which oversight includes such things as administrative costs, and recycling program costs, all of which are anticipated by the Schoolcraft County Solid Waste Management Plan and all above costs are reasonably related to the lawful disposal of solid waste in Schoolcraft County which is required by the Solid Waste Management Act;

e. The purpose of this ordinance is to provide for and to promote lawful solid waste collection and disposal within the City that is efficient, reliable, cost effective, and incompliance with the Schoolcraft County Solid Waste Management Plan and the Solid Waste Management Act, MCL 299.401 et seq. by licensing of all solid waste collection contractors operating or doing business within the City to provide monies for the city’s portion of landfill closure costs, participation in a recycling program if adopted; and to prohibit disposal of solid waste by any other means than through a business licensed hereunder, with certain exceptions.

Section 4: License Requirements. No person may commence or continue a solid waste collection or disposal business, or any part of such business, as herein defined, within the City without having first obtained a City License therefore as hereinafter provided and without maintaining such license in current effect during any business operations or activity.

Section 5. Solid Waste Disposal: All solid waste, garbage or rubbish generated by a person in the City shall be disposed of frequently enough to protect the public health. Disposal upon a person’s own land is not permitted.

Section 6: Unlawful Acts.

a. It shall be unlawful to throw or deposit any solid waste, garbage, yard waste, or rubbish upon or into any street, alley, or other property, public or private, except for the purpose of allowing collection of same by a business licensed hereunder, as provided in Section 3, e herein;

b. It shall be unlawful to deposit household, commercial, or industrial garbage, yard waste that is not compost, solid waste, or rubbish of any kind for pickup by any person who is not licensed in the city of Manistique to collect solid waste as otherwise required in this ordinance;

c. It shall be unlawful for any person, not licensed to collect solid waste in the City to collect, remove, pick up, or cause to be collected, removed, or picked up any residential, commercial or industrial solid waste, garbage, yard waste that is not compost or rubbish;

d. Exception: Recyclable materials and compost material may be disposed of or collected without violating this Ordinance, so long as done in conformity with the Schoolcraft County Solid Waste Management Plan and Solid Waste Management Act, MCL 299.401 et seq.

Section 7: Procurement Procedure for License. No license to commence or continue a solid waste collection or disposal business shall be issued until the owner or operator thereof shall have first submitted an application to the licensing agent of the City on a form provided by the licensing agent for such purposes. A few of Two Hundred ($200.00) Dollars shall accompany the application. Upon the filing if the properly completed application and upon payment of the fee, the licensing agent shall issue a license to the person to commence or continue the business designated in said application if the business complies with the terms of this ordinance.

a. The license issued under this ordinance shall be effective until May 1 of the succeeding year with renewals of the same to be issued upon application and payment of the fee thereof in the same manner as set forth herein for the original issuance of the license. No license shall be issued y the licensing agent where the existing or proposed business does not meet the licensing requirements herein specified. The holder may transfer no license to any other person except upon prior approval of the City Council. The licensing agent shall have the right of inspection of the business premises or equipment of the business to assure compliance with this ordinance. In the event of any noncompliance with the provisions of this ordinance after a license ahs been issued, the same may be revoked by order of the licensing agent until the noncompliance has been corrected as determined by said agent.

b. By making an application for license under this ordinance, upon a license being granted, and as a condition of continued licensure, the business shall do all of the following:

1. The business shall comply with the current Schoolcraft County Solid Waste Management Plan and further, shall transport all refuse to a licensed facility in a manner required by Michigan Public Act 641, being MCL 299.401 et seq. , as amended, and comply with any other applicable rules and regulations of the State of Michigan. DNR.

2. The business shall furnish adequate equipment to fully carry out the specifications of the license for the full term of the license; and, the business shall license all equipment it is operating for refuse hauling in accordance with Michigan motor vehicle laws, and shall adhere to all motor vehicle rules and regulations of the State of Michigan regarding commercial vehicles and nay other applicable state or federal laws, rules and regulations.

3. Licensee shall place on file at the City Hall his/her current rate chart, including rates for all residential and commercial collection programs that are offered by the business.

4. The business shall maintain business records for a period of two years. After the end of the license term; and, shall furnish same for review by the City of Manistique if requested to do so. Licensee agrees to maintain route schedules and to keep same current at all times; and further, to make these route schedules available to the City semiannually.

5. The business shall, upon application for license, have the following insurance policy coverage, which must continue for the term of the license:

a. Automobile or Motor Vehicle: i. Bodily Injury. Each person $500,000.

Each occurrence. $1,000,000

ii. Property Damage: Each occurrence $500,000.

iii. Michigan No-Fault coverage must also be carried throughout the term of the license.

b. General Liability: i. Bodily Injury Liability. Each person $500,000

Each occurrence: $500,000. Aggregate $1,000,000

c. Workers Compensation Insurance: Licensee, at the time for license, shall file a certification that it carries statutory Workers Compensation Insurance.

d. Certificates: Copies of the certificates of all insurance policies described in a., b., and c. will be required to be kept on file with the individual government unit served.

6. The business shall place on file, at the City Hall, 300 North Maple Street, Manistique, Michigan 49854, his/her business telephone number and current business address.

7. The business agrees, as a condition of licensing, that the business will pick up only such residential Type II refuse which has been placed in garbage bags marked City of Manistique. The council shall enact rules setting up the fees for landfill closure costs for the collection of residential Type II refuse, either by pound or cost per bag. Council shall also set up rules determining the size of bags and method of distribution. The garbage bags shall be sold at City Hall and other places designated by the City Council. Council shall set rules, regulations and fees for designated agents selling garbage bags. The business further agrees to supply any and all records required by the City Council.

8. The business may also pick up Type II Commercial Solid Waste in approved dumpsters, canisters or bags. The business shall pay the city monthly per cubic yard or per pound as council so designates by a fee schedule for commercial solid waste collected within the City to help provide the city’s portion of the landfill closing costs, participation in a recycling program, if adopted, etc. as outlined in Section 3e. The business agrees, as a condition of licensing to pay the city by the 15th of each month for the previous month monies collected under this Section. The business further agrees to provide the City with customer names, routes, and documentation or bags. Construction material and/or demolition debris is exluded from the landfill closure costs, recycling program, if adopted, etc., portions of this ordinance.

9. The city of Manistique shall have the right to change the rates owed the City for the land fill closure costs, participation in a recycling program, if adopted, etc. as outlined in Section 3 (e) at any time provided the licensees and the public receive thirty days prior notice. Further, the City shall be allowed to amend the rules and regulations for licensees under this ordinance on the anniversary date of each license. Notice of any change in regulations shall be give to any licensee or agent thirty days prior to the expiration of any license issued hereunder. Construction material and/or demolition debris are excluded from the land fill closure costs, participation in a recycling program if adopted; and to prohibit disposal of solid waste by any other means that through a business licensed hereunder, with certain exceptions.

Section 9: Enforcement Officers. Duly authorized police officers are designated as enforcement offices to issue warning notices or citations, and to make arrests of any person violating the provisions of this ordinance.

Section 10: Penalty. Any violation of this Ordinance or any part thereof shall be punishable by a fine not to exceed $100.00 plus costs and or confinement in the county Jail for a term not to exceed 90 days. In addition, the city specifically reserved the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or toehr appropriate remedy to compel compliance with this ordinance.

Section 11: Contracts Prior to May 1, 1993.: This ordinance shall not interfere with or purport to void any valid contact, executed prior to May 1, 1993, which prior contract was between a contractor and a resident or residence of the City of Manistique or between a contractor and a commercial or business enterprise, or state or local or federal government agency located in Schoolcraft County.

Section 12: Severability. Should any portion of this ordinance adopted hereby be declared unconstitutional, illegal or of no force and effect by a court of competent jurisdiction, such portion thereof shall not be deemed to affect the validity of any other part or portion there of.

Section 13: Effective Date. This ordinance shall be in full force and effect thirty days following a notice of adoption of this ordinance published in a newspaper of general circulation in Schoolcraft County and after the expiration of the existing county wise Department of Public Works contract with Manistique Rentals.

Introduced: January 9, 1995

Passed: January 23, 1995

Section 1- NECESSITY

It is hereby determined to be necessary for the public health, welfare, and financial stability of the City of Manistique (hereinafter referred to as City), to proceed with increasing the water rates charged to Domestic, Commercial, and Industrial metered water users and unmetered water users, in order that said rates more accurately reflect the debt retirement requirements of the city for the past installation and improvement of said system and the costs of operation thereof.

Section 2- RATES AND CHARGES

The rates to be charged for water and sewer service furnished by the system shall be as follows:

Section 3- INCORPORATION BY REFERENCE

All other sections of this Ordinance 216 of 1989 are hereby adopted and incorporated by reference.

Section-4 EFFECTIVE DATE

This Ordinance shall take effect ten (10) days after its publication

Introduced: April 24, 1995.

Passed: May 8, 1995

Published: May 18, 1995.

Section 1-NECESSITY

It is hereby determined to be necessary for the public health, welfare, and financial stability of the city of Manistique (hereinafter referred to as City), to proceed with changing sewer rates in order the said rates more accurately reflect the debt retirement requirements of the City for the past installation and improvement of the waste water treatment plan and the costs and operation thereof.

Section 2- RATES AND CHARGES

The rates to be charged for Sewer service furnished by the City through its treatment plant and system shall be as follows:

Section 3- INCORPORATION BY REFERENCE

All other sections of Ordinance 216 of 1989 are hereby adopted and incorporated by reference.

Section 4- EFFECTIVE DATE

This ordinance shall take effect ten (10) days after its publication.

Introduced: April 24, 1995

Passed: May 8, 1995.

Published: May 18, 1995.

Section 1. Purpose It is the purpose of this ordinance to prevent, reduce, or eliminate blight in the City of Manistique by prevention or elimintation of contributing factors and causes of blight which exist or which may in the future exist in the City of Manistique.

Section 2. REPEAL Ordinance No. 112 of 1965 is hereby repealed.

Section 3- Conflict with other Ordinances: in any case where a provision of this code is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the city existing on the effective date of this article, the provision which establishes a higher standard for the promotion and protection of health, safety and welfare shall prevail. In any case where a provision of this article is found to be in conflict with a provision of any other ordinance or code of the city existing on the effect date of this article which establishes a lower standard for the promotion and protection of the health and safety of the people the provisions of this article shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this article.

Section 4. Definitions: The following words or terms, when used herein, shall be deemed to have the meanings set forth below:

A. Blighted Structure- any dwelling, garage, or outbuilding, or any factory, shop, store, office building, ware house, or any other structure or part of a structure which:

1. Because of fire, wind, other natural disaster , or physical deterioration, is no longer habitable as a dwelling or useful for the purpose for which it was originally intended; or

2. Is Partially completed and which is not presently being constructed under an existing, valid building permit issued by or under the authority of the City of Manistique; or

3. Is not structuarlly sound, weather-tight, waterproof or vermin proof; or

4. Is not covered by a water resistant paint or other waterproof covering so as to protect said structure from the adverse effects of the elements or from physical deterioration.

B. Building Material- any lumber,bricks, concrete, cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, cement, nails, screws, or other material commonly used in the construction or reapir of any buildings or structures.

C. Enforcement Officer- means the Manistique City Building INspector, any Manistique City police officer, or any person designatd by the Manistique City Council to enforce the provisions of this ordinance.

D. Junk- Any abandoned, discarded, unusable, or unused objects or equipment including, but not limited to, furniture, stoves, refrigerators, freezers, cans, implements, parts of motor vehicles, machinery, cloth, rubber, bottles, any metals, boxes, cartons, or crates.

E. Person- Any natural person, firm, association, partnership or corporation.

F. Vacant Buildings- Any building which is unoccupied and which is not securely locked, with the windows glazed or neatly boarded up and protected against the elements and from vandals and rodents and other animals.

Section 5. Prohibited Conduct. Except as may otherwise be permitted by the conducting of a specific business or by city of Manistique ordinance, no person shall:

A. Store, accumulate, or permit the storage of junk on premises owned, leased, rented, or occupied by said person.

B. Store, accumulate, or permit the storage or accumulation of any building materials on property owned leased, rented, or occupied by said person for any period longer than reasonably necessary for the immediate use of such materials, but in no event longer than sixty (60) days.

C. Maintain or permit the maintenance or existence of any vacant building on property owned, leased, rented or occupied by said person.

D. Maintain or permit the maintenance or existence of any blighted structure on property owned, leased, rented or occupied by said person.

E. Store or permit the storage of firewood on property owned, leased, rented or occupied by said person except in a neat, orderly stack to a height of no greater than five (5) feet. The storage of firewood shall be restricted to the rear yard or an interior side yard of the premises. F. In any area zoned for residential purposes, to store or permit the storage upon any property of junk automobiles. for the purpose of this Ordinance the term "junk automobiles" shall include any motor vehicle, part f a motor vehicle, or former motor vehicle stored in the open, which is not currently licensed for use upon the highways of the State of Michigan, and it either (1) Unusableor inoperable because of damage from collision, deterioration, or having been cannibalized; or (3) beyond repair and therefore not intended for future use as a motor vehicle; or (4)being retained on the proeprty for possible use of salvageable parts.

G. Maintain or permit the maintenance in any area the existence of any noxious or poisonous vegetaion such as poison ivy, ragweed, or other poisonous plants, or any weeds, grass,brush, or plans, which, in the opinion of the City Manager is a fire hazard or otherwise detrimental to the health or appearance of the neighborhood. Weeds and/or grass in excess of six (6) inches high is strictly prohibited.

Section 6 Enforcement

A. Before commencing prosecution under this Ordinance, the enforcement officer shall notify the violator(s) of the existence of a violation under this Ordinance. Such notice shall be in writing and may be in the form of an appearance ticket, and served upon the violator(s), either personally or by first class mail sent to the last known address of the violator(s) or to the common address of the proeprty upon which the violation exists. The violator(s) shall be given ten (10) days from the date of personal service or twelve days from the date of maling the notice in which to remedy the violation.

B. Each day that a violation under this Ordinance continues to exist shall be considered a separate violation subject to penalties hereinafter set forth.

Section 5. Prohibited Conduct. Except as may otherwise be permitted by the conducting of a specific business or by city of Manistique ordinance, no person shall:

A. Store, accumulate, or permit the storage of junk on premises owned, leased, rented, or occupied by said person.

B. Store, accumulate, or permit the storage or accumulation of any building materials on property owned leased, rented, or occupied by said person for any period longer than reasonably necessary for the immediate use of such materials, but in no event longer than sixty (60) days.

C. Maintain or permit the maintenance or existence of any vacant building on property owned, leased, rented or occupied by said person.

D. Maintain or permit the maintenance or existence of any blighted structure on property owned, leased, rented or occupied by said person.

E. Store or permit the storage of firewood on property owned, leased, rented or occupied by said person except in a neat, orderly stack to a height of no greater than five (5) feet. The storage of firewood shall be restricted to the rear yard or an interior side yard of the premises. F. In any area zoned for residential purposes, to store or permit the storage upon any property of junk automobiles. for the purpose of this Ordinance the term "junk automobiles" shall include any motor vehicle, part f a motor vehicle, or former motor vehicle stored in the open, which is not currently licensed for use upon the highways of the State of Michigan, and it either (1) Unusableor inoperable because of damage from collision, deterioration, or having been cannibalized; or (3) beyond repair and therefore not intended for future use as a motor vehicle; or (4)being retained on the proeprty for possible use of salvageable parts.

G. Maintain or permit the maintenance in any area the existence of any noxious or poisonous vegetaion such as poison ivy, ragweed, or other poisonous plants, or any weeds, grass,brush, or plans, which, in the opinion of the City Manager is a fire hazard or otherwise detrimental to the health or appearance of the neighborhood. Weeds and/or grass in excess of six (6) inches high is strictly prohibited.

Section 6 Enforcement

A. Before commencing prosecution under this Ordinance, the enforcement officer shall notify the violator(s) of the existence of a violation under this Ordinance. Such notice shall be in writing and may be in the form of an appearance ticket, and served upon the violator(s), either personally or by first class mail sent to the last known address of the violator(s) or to the common address of the proeprty upon which the violation exists. The violator(s) shall be given ten (10) days from the date of personal service or twelve days from the date of maling the notice in which to remedy the violation.

B. Each day that a violation under this Ordinance continues to exist shall be considered a separate violation subject to penalties hereinafter set forth.

Section 9. Penalty Failure to comply with the notice given by the enforcement office under SEction 6 within the time allowed shall be punishable, upon conviction, by a fine of not more than $500 or by imprisonment of not more than ninety days or both, such fine and imprisonment in the discretion of the court.

Section 10. Severability The sections and provisions of this Ordinance are declared to be severable and any portion which is declared inoperative or invalid for any reasons by a court of competent jurisdiction shall in no way affect the ramining sections or provisions of this Ordinance.

Section 11. Transfer of Ownership Transfer of Ownership: It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise transfer ownership or occupancy to another until such violation has been reesolved with the Chief Building Official or until the new owner or occupant of the subject dwelling unit or structure has been made aware of all violations and accepts unconditional responsibility for resolving such violations.

Section 12. Effective Date This ordinance shall be duly published as required by law and shall take effect and be in force ten days from the date of publication thereof.

Introduced: May 8, 1995.

Passed: May 22, 1995.

Published: May 25, 1995.

Section 1. Prohibition No person shall shelter, exhibit, market, raise, harbor, breed, maintain or have in his or her possession or under his or her control within the City any dangerous animal.

Section 2. Definition As used in this ordinance.

a. “dangerous animal” means and includes any mammal, reptile, amphibian, arachnid, insect, or fowl which is not naturally tame or gentle, but is of a wild nature or disposition, and which, because of its size, nature, or other characteristic(s), could constitute a danger to human life or property.

b. “animal” means a live and vertebrate creature, mammal, fowl, amphibian, arachnid, insect, or reptile.

c. “harbor” means to feed or shelter an animal.

d. “wild” means living in an original and natural state, not commonly domesticated.

e. “market” means to buy, sell or otherwise deal in a commodity, such as wild animals, at wholesale or at retail.

f. Dangerous animals include, but are not limited to:

1. Any poisonous or venomous animal, mammal, fowl, amphibian, arachnid, insect, or reptile.

2. alligator

3. apes, chimpanzees, gibbons, gorillas, orangutans and siamangs.

4. baboon

5. bear

6. bison

7. bobcat

8. cheetah

9. crocodile

10. constrictor snake not to exceed 8 feet in length.

11. coyote

12. deer

13. elk

14. moose

15. elephant

16. fox

17. game cock or other fighting bird

18. hippopotamus

19. hyena

20. jaguar

21. leopard

22. lion

23. lynx

24. ostrich

25. raccoon

26. puma, also cougar, mountain lion, and panther

27. rhinoceros

28. tiger

29. wolf

Section 3. Exceptions

(a) Any person while transporting any animal, fish, fowl ,reptile, arachnid, amphibian, or insect through the City, provided that such animal, fish, fowl, reptile, arachnid, amphibian, or insect is adequately restrained to avoid injury to persons or damage to property.

(b) The keeping of such animals in a bona fide license veterinary hospital for treatment.

(c) The keeping of such animals in a bona fide educational or medical institution, museum or other place where they are kept as live specimens for public view or for the purpose of instruction or study.

(d) Dangerous or poisonous reptiles maintained by bona fide educational or medical institution for the purpose of instruction or study, provided such reptiles are securely confined; or

(e) any official police canine.

(f) Temporary events such as a circus, sporting event or zoo exhibition where the animals or mascots are handled by trained and experienced professional caretakers.

Section 4. Penalty. Violations of this ordinance shall be punishable by imprisonment not exceeding ninety days or a fine not to exceed $100.00 or by both such fine and imprisonment.

Section 5. Repeal. To the extent any ordinance heretofore adopted is inconsistent herewith, same is hereby repealed to the extent of said inconsistency, and the balance of said ordinance shall be preserved and reamin enforceable.

Section 6. Ordinance subject to Michigan Law. The provisions of this ordinance are subject to the laws of the State of Michigan.

Section 7. Severability. Should any portion of this ordinance adopted hereby be declared unconstitutional illegal or of no force and effect by a court of competent jurisdiction, such portion thereof shall not be deemed to affect the validity of any other part or portion thereof.

Section 8. Publication and Recordation This ordinance shall be published in full in the Manistique Pioneer Tribune, Inc. , a newspaper of general circulation in the City of Manistique qualified under state law to publish legal notices promptly after its adoption, and the same shall be recorded in the ordinance Book of the City and such recording authenticated by the signatures of the Mayor and the City Clerk.

Section 9. Effective Date This ordinance shall take effect ten days after its publication.

Introduced: August 28, 1995

Passed: September 25, 1995

Published: October 12, 1995

Section 1- REVISED DEFINITIONS OF FENCES AND FRONT AND SIDE LOT LINES (Article 2, Section 200):

Fence: AN artificially constructed above-ground barrier of any material or conbination of materials erected to enclose, screen or separate areas. Fences are constructed of barbed wire, razor wire, electrified materials or a single strand of any material are not permitted, except that barbed wire or razor wire may be used in conjunction with chain link fence at least six feet in height in the industrial district.

Fence Obscuring: An artificially constructed barrier of any material or conbination of materials, other than barbed wire, razor wire, or electrified amterials, erected to enclose, screen or separate areas and to block vision from one area to another.

Lot Lines:

(1) Front Lot Line: In the case of an interior lot, the line separating said lot from the street. In the case of a corner lot or double frontage lot, both lot lines abutting on streets shall be considered front lot lines.

(3) Side Lot Line: Any lot lines other than the front lot line or rear lot line. In case of a corner lot or double rontage lot, all lot lines other than front lot lines shall be side lot lines.

Section 2-AMENDMENT TO ARTICLE 18- GENERAL EXCEPTIONS, SECTION 1800.7B:

Fences or hedges not exceeding six feet in height may be located in the rear yard of any lot, except in the industrial district; fences or hedges not exceeding four (4) feet in height may be allowed in the side yard of any lot, except in the industrial district. Fences are prohibited in the front yard of any lot, except in the industrial district; hedges not exceeding four feet in height may be located in the front yard of any lot along side lot lines only. Hedges along side lto lines must be set back two feet from the front property line or sidewalk. Hedges and fences are prohibited along all front lot lines, except in the industrial district. No fence or hedge shall intrude into or break teh vertical plane of the property line; shrubs and trees planted for purposes of maintaining a small hedge shall be planted so that the trunk or main stem of the plant is no closer than three 3 feet from any lot line. Use of barbed wire, razor wire, electrified materials or a single strand of material as a fencing material is prohibited, except that barbed wire or razor wire may be used in conjunction with chain link fence at least six feet in height in the industrial district.

In the industrial district, fences not to exceed 10 feet in height are permitted on all lot lines. If barbed wire is used in conjunction with chain link fencing , the barbed wire must be at least six feet off the ground.

Section 3- PUBLICATION; EFFECTIVE DATE

This ordinance shall be duly published as required by the City Charter and shall take effect and be in force ten days from the date of publication thereof.

Section 4- Repeal

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Section 5- Severablility

Should any section of this ordinance be declared unconstitutional, such declaration shall not affect the validity of the remaining sections of this ordinance.

Introduced: January 8, 1996.

Passed: January 22, 1996

Published: January 25, 1996.

Section 1. Sidewalks to be Cleared. The occupant of every lot or premises adjoining any street, or the owner of such lot or premises, if the same are not occupied, shall clear all ice and snow from sidewalks adjoining such lot or premisses within the itme herein required. When any snow or ice shall cease to fall, such snow or ice shall be cleared from the sidewalks within forty-eight hours after cessation.

Section 2. Failure to clear If any occupant or owner shall neglect or fail to clear ice or snow from the sidewalk adjoingin his or her premises within the time provided in the previous section, or shall otherwise permit ice or snow to accumulate on such sidewalk, said person shall be guilty of a violation of this ordinance and in addition, the City Manager or his or her designee may cause the same to be cleared and the expense of removal shall become a debt to the city from the occupant or owner of such premises, and shall cconstitute a lien on the property served; and, if not, paid by MArch 1st, the official or officials in charge of the collection shall, prior to April 1st of each year , certify to the City Assessor the facts of such delinquency, whereupon the City Assessor shall enter such delinquent charge upon the next general city tax roll as a charge against said premises, and the lien thereof shall be enforced in the same manner as provided by law for delinquent and unpaid taxes. This indebtedness may also be collected by the City by suit or otherwise.

Section 3. Depositing Snow in Right of Way . No persons shall take any snow or ice from any property and deposit or place the same upon any street, alley or sidewalk within the City of Manistique is usually plowed or cleared for travel, except that snow or ice accumulated on sidewalks which abut the curb of a public street may be removed from the sidewalk and deposited on the pubilc street provided that said snow or ice shall be deposited no further than three feet into the street as measured from the curb.

Section 4. Penalty. Conviction in a court of competent jurisdiction of this ordinance shall be punishable by fine of not more than $100.00 and or imprisonment in the County Jail not to exceed 90 days.

Section 5. Exemption Any person who is physicaly unable to clear their sidewalks pursuant to Section 1 because of age or physical disability shall apply to the City Manager or his or her designee for an exemption from sec. 1 of this ordinance. Before granting an exemption, the city Manager or his or her designee shall determine whether there are other household members who can remove the ice or snow and whether or not a service club, civil or governmental agency, will assist the person seeking an exemption in removing ice or snow pursuant to Section 1.

Section 6.Suspension of Ordinance. The city Manager or in his or her abscence the Director of Public Works may cause the suspension of Section 1 of this Ordinance if in his or her opinion there exists extreme or unusual weather conditions. The period of any suspension shall be announced on local radio stations in the City of Manistiqu eand shall be posted at City Hall and the County Courthouse.

Section 7. Repeal To the extent, any ordinance heretofore adopted is inconsistent herewith same is hereby repealed to the extent of said inconsistency and the balance of said ordinance shall be preserved and reamin enforceable.

Section 8. Publication and Recordation. This ordinance shall be published in full in the Manistique Pioneer Tribune, Inc., a newspaper of general circulation in the City of Manistique qualified under state law to published legal notices, promptly after its adoption, and the same shall be recorded in Ordinance Bokk of the City and such recording authenticated by the signatures of the mayor and the City Clerk.

Section 9. Effective Date This ordinance shall take effect ten days after its publication.

Introduced: November 13, 1996

Passed: November 25, 1996

Published: December 12, 1996.

Section 1. Removal of Snow from Sidewalk or Driveway. . A property owner or occupant who cleans his driveway or sidewalk of snow shall not permit such snow to be left on teh traveled portion of a street including area's designated for parking.

Snow removed by a property owner or occupant must be returned to the property from which is was removed unless permission to deopsit the snow on another's property has been received by the owner of that property.

Section 2. Responsibility by Owner Commercial Removal. If a property owner of occupant has his driveway cleared by a commercially operated snow removal service, the onwer or operator of such service shall have the same responsibility as the property owner or occupant as in Section 1 above.

Section 3. Business District, Right of Way. No persons shall take any snow or ice from any property located in the business district and deposit or place the same upon any street, alley or sidewalk within the City of Manistique which is usually plowed or cleared for travel , except that snow or ice accumulated on sidewalks which about the curb of a public street may be removed from the sidewalk and deposited on the public street provided that said snow or ice shall be deposited no further than three feet into the street as measured from the curb.

Section 4. Removal of Snow by City. Snow deposited in violaton of Section 1 may be cleared at the direction of the City Manager and the expense of removal shall become a debt to the City from the occupant or owner of such premises, and shall constitute a lien on the property where snow was removed inviolation of section1; and, if not, paid by March 1st, the official or officials in charge of the facts and such deligquency, whereupon the City Assessor shall enter such delinquent charge upon the next general city tax roll as a charge against said premises, and the lien therof shall beenforced in the same manner as provided by law for delinquent and unpaid taxes. This indebtedness may also be collected by the City by suit or otherwise.

Section 5. Penalty Conviction in a court of competent jurisdiction of violation of this ordinance shall be punishable by a fine not more than $100.00 and or imprisonment in the county jail not toe exceed 90 days.

Section 6. Repeal. All sections of Ordinance 240 of 1996 shall remain in full force and effect unless inconsistent with this ordinance. To the extent any ordinance heretofore adopted is inconsistent herewith same is hereby repealed to the extent of said inconsistency and the balance of said ordinance shall be preserved and remain enforceable.

Section 7. Publication and Recordation This ordinance shall be published in full in the Manistique Pioneer Tribune, Inc. , a newspaper of general circulation in the City of Manistique qualified under state law to publish legal notices, promptly after its adoption, and the same shall be recorded in Ordinance Book of the City and shall recording authenticated by the signatures of the mayor and the City Clerk.

Section 8. Effective Date This ordinance shall take effect Ten days after is publication.

Introduced: January 27, 1997

Passed: February 10, 1997

Published: February 13, 1997

That Section 8 of Ordinance No. 233 of 1995 shall be amended as follows:

Section 8: Conditions of License.

a. The license issued under this ordinane shall be effective until May 1 of the succeeding year with renewals of the same to be issued upon application and payment of the fee thereof in the same manner as set forth herein for the original issuance of the license. No license shall be issued by the licensing agent where the xisting or poposed buisness does not meet the licensing requirements herein specified. No license may be transferred by the holder to any other person except upon prior approval of the Ciy council. The licensing agent shall have the right of inspection of the business premises or equipment of the business to assure compliance with this ordinance. In the event of any noncompliane with the provisions of this ordinance after a license has been issued, the same may be revoked by order of the licensing agent until the noncompliance has been corrected as determined by said agent.

b. By making an application for license under this ordinance, upon a license being granted, and as a condition of continued licensure, the business shall do all of the following:

1. The business shall comply with the current Schoolcraft County Solid Waste Management Plan; and further, shall transport all refuse to a licensed facility in a manner required by Michigan Public Act 451 of 1994, being MCL 324.101 et seq. as amended, and comply with any other applicable rules and regulations of the Stat of Michigan Department of Environmental Quality.

2. The business shall furnish adequate equipment to fully carry out the specifications of the license for the full term of the license; and, the business shall license all equipment it is operating for refuse hauling in accordance with Michigan motor vehicle laws, and shall adhere to all motor vehicle rules and regulations of the State of Michigan regarding commercial vehicles and any other applicable state or federal laws, rules, and regulations.

3. Licensee shall place on file at the City Hall his/her current rate chart, including rates for all residential and commercial collection programs that are offered by the business.

4. The Business shall maintain business records for a period of two (2) years after the end of the licensed term; and, shall furnish same for review by the City of Manistique if requested to do so. Licensee agrees to maintain route schedules and to keep same current at all times; and further, to make these route schedules available to the City semiannually.

5. The business shall, upon application for license, have the following insurance policy coverages which must continue for the term of the license.

a. Automobile or motor vehicle:

i. Bodily Injury. Each person $500,000. EAch occurrence $1,000,000

ii. Poperty damage. Each occurrence $500,000

iii Michigan No-Fault coverage must also be carried throughout the term of the license.

b. General liability

i. Bodily Injury Liability. Each person $500,000. Each occurrence $500,000

ii. Property damage liability. Each occurrence $500,000. Aggregate $1,000,000

c. workers Compensation Insurance: Licensee, at the time for icense, shall file a certification that it carries statutory Workers Compensation Insurance.

d. Certificates: Copies of the certificates of all insurance policies described in a.,b.,and c. will be required to be kept on file with the City of Manistique.

6. The business ahll place on file, at the City Hall, 300 North Maple Street, Manistique, Michigan 49854, his/her business telephone number and current business address.

That Section 8 of Ordinance No. 233 of 1995 shall be amended as follows:

Section 8: Conditions of License.

a. The license issued under this ordinane shall be effective until May 1 of the succeeding year with renewals of the same to be issued upon application and payment of the fee thereof in the same manner as set forth herein for the original issuance of the license. No license shall be issued by the licensing agent where the xisting or poposed buisness does not meet the licensing requirements herein specified. No license may be transferred by the holder to any other person except upon prior approval of the Ciy council. The licensing agent shall have the right of inspection of the business premises or equipment of the business to assure compliance with this ordinance. In the event of any noncompliane with the provisions of this ordinance after a license has been issued, the same may be revoked by order of the licensing agent until the noncompliance has been corrected as determined by said agent.

b. By making an application for license under this ordinance, upon a license being granted, and as a condition of continued licensure, the business shall do all of the following:

1. The business shall comply with the current Schoolcraft County Solid Waste Management Plan; and further, shall transport all refuse to a licensed facility in a manner required by Michigan Public Act 451 of 1994, being MCL 324.101 et seq. as amended, and comply with any other applicable rules and regulations of the Stat of Michigan Department of Environmental Quality.

2. The business shall furnish adequate equipment to fully carry out the specifications of the license for the full term of the license; and, the business shall license all equipment it is operating for refuse hauling in accordance with Michigan motor vehicle laws, and shall adhere to all motor vehicle rules and regulations of the State of Michigan regarding commercial vehicles and any other applicable state or federal laws, rules, and regulations.

3. Licensee shall place on file at the City Hall his/her current rate chart, including rates for all residential and commercial collection programs that are offered by the business.

4. The Business shall maintain business records for a period of two (2) years after the end of the licensed term; and, shall furnish same for review by the City of Manistique if requested to do so. Licensee agrees to maintain route schedules and to keep same current at all times; and further, to make these route schedules available to the City semiannually.

5. The business shall, upon application for license, have the following insurance policy coverages which must continue for the term of the license.

a. Automobile or motor vehicle:

i. Bodily Injury. Each person $500,000. EAch occurrence $1,000,000

ii. Property damage. Each occurrence $500,000

iii Michigan No-Fault coverage must also be carried throughout the term of the license.

b. General liability

i. Bodily Injury Liability. Each person $500,000. Each occurrence $500,000

ii. Property damage liability. Each occurrence $500,000. Aggregate $1,000,000

c. workers Compensation Insurance: Licensee, at the time for icense, shall file a certification that it carries statutory Workers Compensation Insurance.

d. Certificates: Copies of the certificates of all insurance policies described in a.,b.,and c. will be required to be kept on file with the City of Manistique.

6. The business ahll place on file, at the City Hall, 300 North Maple Street, Manistique, Michigan 49854, his/her business telephone number and current business address.

7.The business agrees, as a condition of licensing, that the business will pick up only such residential Type II refuse which has been placed in appropriate garbage bags or rigid containers. The council may enact rules setting up the fees for landfill closure costs for the collection of residential type II refuse, either by puond or cost per bag. Council may also set up rules determining the size of bags and method of distribution. Council shall set rules, regulations and fees for designated agents selling garbage bags. The business further agrees to supply any and all records and required by the City Council.

8. The business may also pick up Type II commercial Solid waste in approved dumpsters, canisters or bags. The business shall pay the city monthly per cubic yard or per pound as council so designates by a fee schedule for Commercial Sold Waste collected within the City to help provide the City's portion of the landfill closing costs, participation in a recycling program, if adopted, etc. as outlined in SEction 3e. The business agrees, as a condition of licensing to pay the city by the 15th of each month for the previous month monies collected under this Section. The business further agrees to provide the City with customer names, routes, and documentation of volume or weight of refuse collected from dumpsters, canisters, or bags. Construction material and/or demolition debris is excluded from the landfill closure costs, recycling program, if adopted etc., portions of this ordinance.

9. The City of Manistique shall have the right to change the rates owed the City for the landfill closure costs, participation in a recycling program, if adopted, etc. as outlined in Section 3(e) at any time provided the licensees and the public receive thirty (30) days prior notice. Further, the city shall be allowed to amend the rules and regulations for licensees under this ordinance on the anniversary date of each license on May 1 or November 1 of each year. Notice of any change in regulations shall be given to any licensee or agent thirty (30) days prior to May 1 or Nover 1. Construction material and or demolition debris are exluded from the landfill closure costs, participation in a recycling program, if adopted; and to prohibit disposal of solid waste by any other means than through a business licensed hereunder, with certain exceptions.

Effective Date This ordinance shall take effect Ten (10) days after its publication.

Introduced: May 12, 1997

Passed: May 27, 1997

Published: June 5, 1997

1701A. SITE PLAN REVIEW:

1. Intent

It is the purpose of this Section to require site plan review approval for all buildings, structures and used that can be expected to have a significant impact on natural resources, traffic patterns, adjacent parcels and the character of future development. The regulations contained hereni are intended to provide for and promote the orderly development of the City; safe and convenient traffic movement, both within a site and in relation to access streets; and provide information which enables local officials to evaluate both on-sit impacts of the proposed development.

The site plan may be drawn on the application form or on a separate sheet of paper as appropriate to the scale and amou of information shown.

3. Site Plans for single and two family dwellings, and Residential Accessory Uses and Structures. The Site plan for single-family dwellings , two family dwellings, and residential accessory used and structures shall show the following information:

(A) The legal description and street address of the site.

(B) All lot lines and dimensions of the lot.

(C) All existing and proposed sidewalks, streets and easements on or abutting the lot. Named streets should be labeled.

(D) All existing and proposed structures, including dimensions and use.

(E) Distances between all structures.

(F) Distances between all structures and all lot lines.

(G) Natural features affecting development, such as rock outcrops, water, wetlands, etc.

(H) Location of existing and proposed utility connections.

(I) North arrow.

4. Site Plans for commercial, industrial and multiple family development (all other development)

Site plans meeting the following standards shall be required for any use or construction not covered in Section 1701A.3 This information shall be provided on then identical copies on one or more sheets, at a scale adequate to illustrate the proposed activity, and shall include the following information:

(A) The legal description and street address of the lot(s).

(B) The name, address and telephone number of the owner, developer and/or designer.

(C) The date the site plan was prepared.

(D) North arrow and scale.

(E) The actual dimensions of the lot(s) as shown by a licensed surveyor, engineer, architect, or registered land scape architect, with survey stakes visible. The requirement for a survey may be waived if building dimensions will not change as a result of the proposed activity.

(F) The relationship of the subject lot(S) to abutting properties.

(G) The location of all existing and proposed structures, including sings, on the subject lot(S) , and all existing structures within 100 feet of the boundaries of the subject lot(s).

(H) The dimensions of all existing and proposed structures on the subject lot(s), including height.

(I) Distances between all existing and proposed structure on the subject lot(s) and all lot lines.

(J) Use of all existing or proposed structures on the subject lot(s).

(K) The location of all proposed fences and planting screens or other buffers.

(L) The location and right of way widths of all streets, alleys, private road easements and/or railroads located within or abutting the subject lot(s). named streets should be labeled.

(M) The location of all existing and proposed ingress/egress points, sidewalks, driveways and parking areas on the subject lot(s).

(N) The locations of existing inress/egress points, driveways, streets, alleys and or railroads within 300 feet of the boundaries of the subject lot(s).

(O) The size and location of all existing and proposed public and private utilities.

(P) The location of natural features affecting development, such as rock outcrops, water, wetlands, etc.

(Q) The location of existing and proposed surface water impoundments and surface water drainage pattern.

(R) The location and extent of all planned earth movement. INdicate status of any necessary permits , such as sedimentation and soil erosion permit, wetlands permit, etc.

(S) Any other information necessary, in the opinion of the Zoning Administrator, to establish compliance with this Ordinance or any other applicable ordinances.

5. Site Plan Review Procedures

Upon receipt of any site plan, the Zoning Administrator shall conduct a preliminary review to determine whether the site plan is in the proper form and contains all of the information required by Section 1701A.3 or 1701A.4 If the Site plan meets these requirements , it is forwarded, along with other application materials, to the appropriate zoning official or body. IN the case of applications for zoning compliance permits, the Zoning Administrator is responsible for reviewing and approving site plans and applications . Conditional uses and variances are decided by the Zoning Board of Appeals.

Denial of a zoning compliance permit, conditional use, variance or other zoning request shall set forth in writing the reasons for the denial. The denial shall specify inadequacies or deficiencies in the site plan, and may not set forth changes which would result in approval. The Zoning Administrator, Planning Commission and Zoning Board of Appeals shall use the standards set forth in Section 1701A.6 in their review of site plans.

6. Standards for Site Plan Approval

(A) The proposed use shall conform to the uses permitted in that district.

(B) The dimensional arrangement of buildings and structures shall conform to the dimensional requirements of Article 16.

(C) The proposed use shall conform to all use and design provisions and requirements found in this Ordinance for specified uses.

(D) The relationship of existing and proposed streets, alleyways, ingress/egress points, driveways, railroads and other transportation related features shall assure the safety and convenience of pedestrian and vehicular traffic.

(E) Adverse effect upon owners and occupants of adjacent and surrounding properties shall be minimized by providing for adequate ingress/egress, internal and external traffic flow, storm drainage, erosion control, grading, lighting, parking, etc. , as specified by this or other ordinances or state or federa regulations. (F) The proposed development shall be served by adequate utilities, and shall not adversely affect the provision of utilities to owners or occupants of adjacent or nearby properties.

(G) natural features of the site shall be retained where such features enhance the proposed development , provide a buffer or barrier between the proposed use and adjoining properties, and or assist to preserve or enhance the general safety, health and appearance of the community.

(H) Adverse effects on adjacent property owners or occupants are minimized fby buffers, screening and or fencing as provided for in this Ordinance.

(I) All buildings and structures shall be accessible to emergency vehhicles from all sides.

(J) The site plan shall demonstrate that the proposed development is consistent with the intent and purpose of this Ordinance, as described in the Preamble to this Ordinance.

7. Site Plan as Park of Permit

An approved site plan is a part of any zoning compliance permit, conditional use, variance, or other zoning decision issued in accordance with the standards set forth in this Ordinance. Subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a change conforming to the zoning ordinance is mutually agreed upon by the owner of the site and the individual or body which initially approved the site plan.

8. Repeal

To the extent any ordinance heretofore adopted, including ordinance No. 137 of 1969, is inconsistent herewith, same is hereby repealed to the extent of said inconsistency, and the balance of said ordinance shall be preserved and remain enforceable.

9. Publication and Recordation

This ordinance shall be published in full in the Manistique Pioneer Tribune, Inc., a newspaper of general circulation in the City of Manistique qualified under state law to publish legal notices, promptly after its adoption, and the same shall be recorded in the Ordinance Book of the City and such recording authenticated by the signatures of the Mayor and the City Clerk.

10. Savings Clause

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.

11. Effective Date

This ordinance shall take effect ten (10) days after its publication.

Introduced: April 13, 1998

Passed: April 27, 1998

Published: April 30, 1998

SECTION 1. Purpose of Ordinance. The purpose of this ordinance is to regulate and control the operation of snowmobiles within the limits of the City of Manistique, and, except as otherwise provided herein the City of Manistique adopts the laws of the State of Michigan governing the use of snowmobiles, being Act 451 of the Public Acts of 1995, as amended (MCL 324.82101, et seq).

SECTION 2. Definitions. As used in this ordinance, the following words shall be defined as follows:

(A) Snowmobile: Any motorized vehicle designed for travel primarily on snow or ice, steered by wheels, skis or runners.

(B) Alley: any dedicated public way affording secondary means of access to abutting property.

(C)Street or Highway: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehiclar travel.

(D). Operator: Any person who operates or is in actual physical control of a snowmobile.

(E). Operate: To ride in or on and to control the operation of a snowmobile .

(F) Roadway: That portion of a street or highway ordinarily used for vehicular travel.

(G). Right of Way: That portion of a street or highway less the roadway and any shoulders.

(H). Unqualified Operator: Any person operating a snowmobile who is under the age of 17 years unless that person meets one of the conditions of MCL 324.82120(2)

SECTION 3. Dutie of Ownder and Presumption of Consent. At all times the affirmative duty of all owners of snowmobiles is to control the oerpation of their snowmobile . Every snowmobile shall be presumed to be operated by or with the consent of the owner unless it is proven that the snowmobile was stolen. No owner or operator shall travel or allow a snowmobile to remain unattended on public property, streets or highways, while the motor is running or with the keys to start the same in the ignition switch.

SECTION 4. Duties of Owner No owner shall permit his or her snowmobile to be operated upon the public streets of the City of Manistique in violation of the laws of the State of Michigan, or of any ordinance of the City of Manistique.

SECTION 5. Operations Within the City limits of Manistique, no snowmobile shall be operated:

(A) except in a single file:

(B)in a careless or reckless manner, or operated in anyway which endangers any person or any property;

(C) at a rate of speed greater than 10 mph;

(D) by anyone under the influence of intoxicating liquor or any controlled substance, or with a blood alchohol content of .1 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or by anyone whose ability to operate said snowmobile may be impaired thereby;

(E) by anyone transporting thereon a fire arm, unless the same be securely encased and unloaded in both barrel and magazine;

(F) on any boardwalk or other area where motorized vehicles are prohibited.

SECTION 6. Seasonal Operation Only. Snowmoviles may be operated within the City of Manistique, as provided herein, from November 1st until April 30th, inclusive each year.

SECTION 7. Hour Regulations. No snowmoviles shall be operated anywhere within the City of Manistique between the hours of 11:00pm and 6:00 am of the prevailing local time.

SECTION 8. Street Crossing. All snowmobiles shall come to a complete stop before proceeding, at right angles, across any public sidewalk, street, or intersection. All snowmobiles shall yield the right of way to motor vehicle and pedestrian traffic. Towing of sleds, toboggans or other such device occupied by people is prohibited while crossing a public street.

SECTION 9. Street Travel No snowmoviles shall be operated on the streets, roadways, or rights of way of the city, which are used for vehicular traffic; except where permission for such oepration may be given by the City council by special proclaimation , and, at such times, no snowmobile shall be operated except on the days designated and in the areas set forth by said City Council proclamation; and ecept as is provided in Section 8 of this Ordinance.

SECTION 10. Operation Upon Street or Highways. for the sole purpose of reaching designated snowmobile operating areas from a point where snowmobiles are unloaded from a trailer or from aresidential storage area, or to return to the aforementioned location, a snowmobile may be operated upon the designated alleys and streets of the City. Under no circumstances shall any snowmobile be operated on any portion of the highways or streets of the City shown in bold lines of the map of the City of Manistique.

SECTION 11. Duty to Stop Upon request or signal of a police officer a snowmobile operator shall immediately stop his snowmobile in a safe place and outside of the flow of traffic.

SECTION 12. Stock Mufflers, Lights, Helmet. All snowmobiles must be equipped with stock mufflers in god operating condition. All snowmobiles shall be operated within the City with headlights on and working, and all operators and passengers shall wear helmets during operation.

SECTION 13. Responsibility . The operator of a snowmobile involved in any accident resulting in any property damage, personal injury, or death shall report such accident to the local police immediately.

SECTION 14. Parental Responsibility. Any parent or guardian who knowingly permits or allows any minor to operate a snowmobile in violation of any provision of this ordinance shall be in violation of this ordinance.

SECTION 15. Impoundment of Snowmobiles. A law enforcement officer may impound any snowmobile used or operated in violation of any provisions of this Ordinance for a period not to exceed thirty (30) days , and the owner or operator of the snowmobile shall be responsible to pay for all costs involved in the storage and or removal of the impounded snomobile. If the opeartor of the impounded snowmobile is not the owner, the law enforcement officer shall notify the owner of such impoundment by telephone, letter or personal contact as soon as practical, but within 24hrs. The snowmobile used by any unqualified operatior may be impounded by order of the Chief of Police of Manistique Police Department ofr a perod not to exceed thirty (30) days and, in addition, the unqualified operator shall also be subject to the same penalties as set forth in this ordinance.

SECTION 16. Penalty-Civil Infraction/Misdeameanor. A person who operates a snowmobile under the influence of intoxicating liquor or a controlled substance or while impaired is guilty of a misdemeanor, and upon conviction shall be fined not more than $500 and or imprisoned for not more than 90 days. A person responsible for the activity that violates this ordinance other than operation of a snowmobile under the influence of liquor or drugs, or while the ability to operate is impaired, shall be guilty of a civil infraction or a misdemeanor, as provided below. A person found responsible for a violation involving a snowmobile shall be guilty of a civil infraction as defined in RJA Section I 13, MCLA 600.113, punishable by civil fine according to the following schedule:

First Offense within one year $50.00

Second Offense within one year $100.00

Any person who commits three or more snowmobile related violations shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than $500.00 and or imprisoned for not more than 90 days..

For purposes of computing this one year period, time shall run from the date the first ticket was issued and not the conviction date.

SECTION 17. Severability. If any section, subsection, sentence, clause, phrase, or portions of this Ordinance is for any reason held invalid or unconstitutional by any cour of competent jurisdiction, such portions shall be deemed a separate distinct, and independed provision, and such holdings shall not affect the validity of the remaining portion.

SECTION 18. Notice to be Published The City clerk shall publish this ordinance in the manner required by law.

SECTION 19. When effective. This ordinance shall be in full force and effect in this governmental unit ten (10) days after the date of the publication.

Introduced: September 24, 1998

Passed: September 28, 1998

Published: October 1, 1998

SECTION 1. Duty to Remove Defecation. No owner or person having custody of any dog or other animal shall permit such dog or other animal to defecate on any public park grounds, school grounds, public street, alley, sidewalk, or any other public gournds, or any private property within the City other than the premises of the owner or person having custody of such dog or other animal, unless the defecation is immediately removed by the owner or peson having custody of such dog or animal. A person violating the subsection is responsible for a civil infraction with a fine of $50.00 for the first offense and a fine of $100 for each subsequent offense.

SECTION 2. Other Duties . All persons having in there custody or control a dog or other animal in any public park, grounds, school grounds, public street, alley, sidewalk or any other public grounds, or any private property within the city other than the premises of the owner or person having custody of such dog or other animal, shall have in their immediate possession the means for picking up the defecation of a dog or other animal. A person violating this subsection is responsible for a civil infraction with a fine of $10.00

SECTION 3. Definition of Civil Infraction. A civil infraction is an infraction as defined in RJA section 113, MCL 600.113.

SECTION 4. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portion.

SECTION 5. Notice to be Published The city clerk shall publish this ordinance in a manner required by law.

SECTION 6. When Effectiv This ordinance shall be in full force and effect in this governmental unit ten days after the date of publication.

Introduced: September 28, 1998

Passed: October 13, 1998

Published: October 15, 1998

Section 1- necessity

It is hereby determined to be necessary for the public health, welfare, and financial stability of the City of Manistique (herein after referred to as City), to proceed with increasing the water rates charged to Domestic, Commercial and Industrial metered water users and unmetered water uses, in order that said rates morea ccurately reflect the debt retirement requirements of the city for the past installation and improvement of said system and the costs of operation there of.

Section 2- RATES AND CHARGES

The rates to be charged for water and sewer service furnished by the system shall be as follows:

Commencing April 1, 2000, the increase on water rates shall be 5% or the rate of inflation as establisehd by the Consumer Price Index for the State of Michigan for the preceding calendar year (Jan-Dec.), whichever is less.

In addition to the foregoing consumption charge, a monthly service charge based on the size of the customer's service connection shall be made as follows:

SEction 3-INCORPORATION BY REFERENCE

All other sections of Ordinance 216 of 1989 are hereby adopted and incorporated by reference

Section 4- EFFECTIVE DATE

This Ordinance shall take effect 10 days after its publication.

Introduced: April 26, 1999

Passed: May 10, 1999

Published: May 13 and May 20, 1999

Section 1- NECESSITY

It is hereby determined to be necessary for the public health, welfare, and financial stability of the City of Manistique (hereinafter reffered to as City), to proceed with changing sewer rates in order that said rates more accurately reflect the debt retirement requirements of the city for the past installation and improvement of the wastewater treatment plant and the costs and operation there of.

Section 2- RATES AND CHARGES

The Rates to be charged for sewer service furnished by the City through its treatment plant and system shall be as follows:

On the first day of April, commensing in 1996, the rate per 1000 gallon as aforesaid shall increase by 10%. An increase of 5% shall occur on each succeeding APril 1st thereafter.

Commencing April 1, 2000, the increase on sewer rates shall be 5% or the rate of inflation as established by the Consumer Price Index for the State of Michigan for the preceding calendar year (Jan-Dec), whichever is less.

In addition to the aforesaid charge, a monthly service charge based on the size of the customer's service connection shall be made as follows:

Section 3- INCORPORATION BY REFERENCE

All other sections of this Ordinance 215 of 1989 are hereby adopted and incorporated by reference.

Section 4- EFFECTIVE DATE

This Ordinance shall take effect 10 days after its publication.

Introduced: April 26, 1999

Passed: May 10, 1999

Published: May 13 and May 20, 1999

SECTION 1. The Manistique West Side Boat Launch area and parking lot as established by the city shall be under the supervision of the chief of police.

SECTION 2. It sahll be unlawful to launch any boat at the Manistique Westside Boat Launch without first paying the monetary user's fee and obtaining and displaying a valid permit as required by resolution of the City Council.

SECTION 3. PENALTY-CIVIL INFRACTION/MISDEMEANOR. A person responsible for activity fthat violates Section 2 shall be guilty of a municipal civil infraction or a misdemeanor as provided below:

A person found responsible hereunder shall be guilty of a civil infraction as defined in MCL 89.2 and 600.8701 et. seq., punishable by civil fine according to the following schedule:

First offense wihin one year, $25.00

Second offense within one year, $50.00

Any person who commits three or more violations of Section 2 within a one year periood shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than $500.00 and/or imprisoned for not more than 90 days.

SECTION 4. NOTICE TO BE PUBLISHED. The City Clerk shall publish this ordinance in the manner reequired by law.

SECTION 5. WHEN EFFECTIVE. This ordinance shall be in full force and effect ten (10) days after the date of publication

Introduced: June 14, 1999

Passed: June 28, 1999

Published: July 1, 1999

THE CITY OF MANISTIQUE ORDAINS:

Sec.1 Definitions. The following words and terms used in this ordinance shall have the meanings assigned in the preamble to this Ordinance and in this Section, unless the context clearly indicates otherwise.

The word "acquired", as used in this Ordinance, shall have the meanings assigned in the preamble to this ordinance and in this Section, unless the context clearly indicates otherwise.

"Act 94" shall mean Act 94, Public Acts of Michigan, 1933, as amended.

"Bond Reserve Account" shall mean the subaccount in the Bond and Interest Redemption Fund established in accordance with Section 12 of this Ordinance.

"Bonds" shall mean the Issuer's 1999 Wastewater and Sewage Disposal System Revenue Bond, in the principal amount of $2,581,000 authorized to be issued pursuant to this Ordinance, together with any additional bonds of equal standing hereafter issued.

"Department of Treasury" shall mean the Department of Treasury of the State of Michigan.

"Depository Bank" shall mean State Savings Bank, in Manistique, Michigan, a member of the Federal Deposit Insurance Corporation, or other financial institution qualified to serve as depository bank and designated by resolution of the Issuer.

"Engineer" shall mean McNamee, Porter and Seely, Inc. Escanaba, Michigan.

"Fiscal Year" shall mean the fiscal year of the Issuer and the operating year of the System, commencing July 1st and ending June 30th of the subsequent year, as such year may be changed from time to time.

"Government" shall mean the government of the United State of America or any agency there of.

"Issuer" shall mean this ordinance and any ordinance or resolution of the Issuer amendatory or supplemental to this ordinance, including ordinances or resolutions authorizing issuance of Additional Bonds.

"Project" shall mean the acquisition and construction of certain additions, renovations, expansions and improvements to the wastewater treatment plant and sewage disposal system, together with all ncessary interests in land, rights of way and all appurtenances and attachments thereto.

"Public improvements" shall be understood to mean the public improvemnts, as defined in Sec. 3 of Act 94 which are authorized to be acquired and constructed under the provisions of this Ordinance.

"Reserve Amount" shall mean with respect to the Bonds the lesser of (1) the maximum annual debt due on the Bonds in the current or any future year, (2) 125% of the average annual debt service on the Bonds, or (3) 10% of the principal amount of the Bonds on the date of issuance of the Bonds.

"Revenues" and "Net Revenues" shall mean the revenues and net revenues of the Issuer derived from the operation of the System and shall be construed as defined in Sec. 3 of Act 94 , including with respect to "Revenues", the earnings derived from the investment of moneys in the various funds and accounts established by this Ordinance.

"System" shall mean the Issuer's wastewater and sewage disposal system including such facilites thereof as are now existing, are acquired and constructed as the Project, and all enlargements, extensions, repairs and improvements, thereto hereafter made.

"Transfer Agent" shall mean the transfer agent and bond registrar for each series of Bonds as appointed from time to time by the Issuer as provided in Section 5 of this Ordinance and who or which shall carry out the duties and responsibilities as set forth in Sec. 5 and 6 of this Ordinance.

Sec. 2 Necessity; Approval of Plans and Specifications. It is hearby determined to be a necessary public purpose of the Issuer to acquire and construct the project in accordance with the plans and specifications prepared bythe Issuer;s Engineer and on file with the Issuer, which plants and specifications are hereby approved.

Sec. 3 Costs' Useful Life. The total cost of the Project is estimated to be not less than two million eight hundered eighty one thousand dollars ($2,881,000) including the payment of incidental expenses as specified in Section 4 of this Ordinance, which estimate of cost is hereby approved and confirmed, and the period of usefulness of the Project is estimated to be not less than forty (40) years.

Section 4. Payment of Cost; Bonds Authorized . To pay part of the cost of acquiring and constructing the project and legal, engineering, financial and other expenses incident to said acquisition and construction, and incident to the issuance and sale of the Bonds, it is hereby determined that the Issuer borrow the sum of Two Million five Hundred Eighty one Thousand Dollars ($2,581,000) and that the revenue bonds be issued therefor pursuant to the provisions of Act 94.

Sec. 5 Bond Details. The Bonds shall be designated 1999 WASTEWATER AND SEWAGE DISPOSAL SYSTEM REVENUE BOND shall be dated as of the date of delivery of the first installment, shall consist of one fully registered nonconvertible bond of the denomination of $2,581,000 and shall be payable in the principal installments serially on August 1 of each year as follows:

Year	Amount
2000	$24,000
2001	25,000
2002	26,000
2003	28,000
2004	28,000
2005	30,000
2006	31,000
2007	33,000
2008	34,000
2009	36,000
2010	37,000
2011	39,000
2012	41,000
2013	43,000
2014	44,000
2015	47,000
2016	48,000
2017	51,000
2018	53,000
2019	56,000
2020	58,000
2021	61,000
2022	63,000
2023	66,000
2024	69,000
2025	72,000
2026	76,000
2027	79,000
2028	83,000
2029	86,000
2030	90,000
2031	94,000
2032	98,000
2033	103,000
2034	107,000
2035	112,000
2036	117,000
2037	123,000
2038	128,000
2039	142,000

The bonds are expected to be delivered to the government as initial purchaser thereof in installments (the "delivery" installments) and each delivery installment shall be noted on the registration grid set forth on the applicable Bonds. The delivery installments shall be deemed to correspond to the serial principal installments of the applicable Bonds in direct chronological order of said serial principal installments.

The serial principal installments of teh Bonds will each bear interest from the date of delivery of the corresponding delivery installment to the registered holder thereof as show on the registration grid set forth on the Bonds at the rate of not to exceed four and one half percent (4.5%) per annum, payable on the first February 1 or Agust 1 following the date of delivery of said delivery installment, and semiannually thereafter on Feb. 1 and Aug. 1 of each year until maturity or earlier prepayment of said installment. Acceptance of the interest rate on the Bonds shall be made by execution of the Bonds which so designates the rate specified by the Government and accepted in writing by the Issuer. The shall be issued in fully registered form and each series of the Bonds shall not be convertable or exchangeable into more than one fully registered bond.

The Bonds or Installments thereof will be subject to prepayment prior to maturity in the manner and at the times as provided in the form of the Bonds set forth in Section 9 of this Ordinance.

[ORDINANCE TO BE CONTINUED]

Section 6. Bond Registration and Transfer. The Transfer Agent shall keep or cause to be kept at its principal office sufficient books for the registration and transfer of the Bonds, which shall at all times be open to inspection by the Issuer. The transfer Agent shall transfer or cause to be transferred on said books Bonds presented for transfer, as hereinafter provided and subject to such reasonable regulations as it may prescribe.

Any bond may be transferre upon the books required to be kept by the Transfer Agent pursuant to this Section, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for transfer, accomapnied by ldelivery of a duly executed written instrument of transfer in a form approved by the Transfer Agent. Whenever any Bond or Bonds shall be surrendered for transfer, the Transfer Agent shall record such transfer on the registration books and shall register such transfer on the registration grid attatched to the Bond. At the time of such transfer the Transfer Agent shall note on the Bond the outstanding principal amount thereof at the time of such transfer. The Transfer Agent shall require the payment by the bondholder requesting the transfer of any tax or other governmental charge required to be paid with respect to the Transfer. The Issuer shall not be required (i) to issue, register the transfer of, or exchange any Bond during a period beginning at the opening of business fifteen days before the day of the mailing of a notice of prepayment of Bonds or binstallments thereof selected for redepmption and ending at the close of business on the day of that mailing, or (i) to register the transfer of or exchange any Bond or portion thereof so selected for prepayment. In the eevent any Bond is called for prepayment in part, the Transfer Agent, upon surrender of the Bond, shall note on the Bond the principal amount prepaid and shall return the Bond to the registered owner thereof together with the prepayment amount on the prepayment date.

The Issuer's Treasurer is hereby appointed to act as Transfer AGent with respect to the Bonds. If and at such time as a series of the Bonds is transferred to or held by any registered owner other than the Government, the issuer by resolution may appoint a bank or trust company qualified under Michigan Law to act as transfer agent and bond registrar with respect to such series, and the Issuer may thereafter appoint a successor Transfer Agent upon sixty (60) days notice to the registered owner of the applicable series of the Bonds.

Section 7. Payment of the Bonds Principal of and interest on the Bonds shall be payable in lawful money of the United State of America by check or draft mailed by the Transfer AGent to the registered owner at the address of the registered owner as shown on the registration books of the Issuer kept by the Transfer Agent. If the Govermnet shall no longer be the registered owner of the Bonds, then the principal of and interest on the Bonds shall be payable to the registered owner of record as the fifteenth day of the month preceding the payment date by check or draft mailed to the registered owner at the registered address. Such date of determination of the registered owner for purposes of payment of principal or interest may be changed by the Issuer to conform to future market practice. The Issuer's Treasurer is hereby authorized to execute an agreement with any successor Transfer Agent.

The Transfer Agent shall record on the registration books the payment by the Issuer of each installment of principal or interest or both on the Bonds when made and the canceled checks or drafts representing such payments shall be returned to and retained by the Issuer's Treasurer, which canceled checks or drafts shall be conclusive evidence of such payments and the oblicagtion of the Issuer with respect to such payments shall be discharged to the extentof such payments.

Upon payment by the Issuer of all outstanding principal of and interest on a series of the Bonds, the registered owners thereof shall deliver the Bond or Bonds to the Issuer for cancellation.

The issuer has been authorized and has made application to the Department of Treasury for authority to issue and sell the Bonds. Upon receipt of sia dapproval, the Issuer's Mayor and City Clerk are hereby authorized and directed to negotiate privately the sale of the Bonds to the Government at an itnerest rate not to exceed four and one half percent (4.5%) per annum.

The sale of the bonds to the Government at an interest rate of not to exceed four and one half percent per annum and at the par value thereof is hereby approved. The Issuer's treasurer is hereby authorized to deliver the Bonds in accordance with the delivery instructions of the Government. after approval of the issuance and sale thereof by the Department of Treasury, if such approval is at that time required, or receipt of an order of exception of the Department of Treasury or expiration of the notice period with out receipt of an order of denial of the Department of Treasury.

Section 8. Execution and Delivery of the Bonds. The Bonds shall be manually signed by the Mayor and countersigned by the City Clerk and shall have the corporate seal of the Issuer impressed thereon. After execution, the Bonds shall be held by the Issuer's Treasurer for delivery to the Governmnet. No Bond or any installment thereof shall be valid until registered by the Issuer's Treasurer or by another person designated in writing by the Issuer's Treasurer to act as Bond Registrar, or upon transfer by the Government and thereafter, by an authorized representative of the Transfer Agent.

Section 9. Bond Form The form and tenor of the Bonds shall be substantially as folows, subject to appropriate variation upon issuance of additional Bonds:

No. R-1 $2,581,000

The City of Manistique, County of Schoolcraft, state of Michigan (the "Issuer"), for value received, hereby promises to pay to the registered owner hereof, but only out of the hereinafter descrived Net Revenues of the Issuer's Wastewater and Sewage disposal system including all appurtenances, additions, extensions and improvements thereto (the "System"), the sum of

on the dates and in the principal installment amounts set forth in Exhibit A attached hereto and made a part hereof with interest on said installments from the date each installment is delivered to the Issuer and as set forth onthe registration grid hereon until paid at the rate of four and one half percent (4.5%) per annum, first payable on February 1, 2000, and semianually thereafter; provided that the principal repayments required herein to the registered owner shall not exceed the total of the principal installments set forth on the registration grid attached thereto from time to time hereafter to acknowledge receipt of payment of the purchas eprice of this bond up to a tota of $2,581,000. Both principal of and interest on this bond are payable in lawful money of the United States of America to the registered owner at the address shown on the Issuer's registration books by check or draft mailed to the registered holder at the address shown on the registration books of the Issuer, and for the prompt payment thereof, the revenues of the System, after providsion has been made for reasonable and necessary expenses of operation, administration and maintenance thereof (the "Net Revenues"), are hereby irrevocably pledged and a statutory lien thereon is hereby recognized and created.

This bond is a single, fully registered, no convertible bond constituting an issue in the total aggregate principal sum of principal sum of $2,581,000. issued pursuant to Ordinance __ of Michigan, including specifically Act 94, Public Acts of Michigan, 1033, as amended for the purpose of acquiring and constructing certain additions, renovations, expansions and improvements to the Syustem consisting genverally of improvements to the wastewater treatment plant and sewage disposal system, together with all necessary interst in land, rights of way and all appurtenances and attachments thereto. For a complete statement of the revenues from which, and the conditions under which, this bond is payable, a statement of the conditions under which the additional bonds of equal standing may hereafter be issued, and the general covenants and provisions pursuant to which this bond is issued, reference is made to the Ordinance.

This Bond is a self liquidating bond and is not a general obligation of the Issuer and does not constitute an indebtedness of the Issuer within any constitutional, statutory or charter debt limitation, but is payable, both as to principal and interest, from the Net revenues of the System. The principal of and interest on the bond is secured by the statutory lien hereinbefore mentioned.

Principal installments of this bond are subject to prepayment prior to maturity, in inverse chronological order, at the Issuer's option, on any interest payment date on or after August 1, 2000, at par and accrued interest to the date fixed for prepayment.

Thirty days notice of the call of any principal installments for prepayment shall be given by mail to the registered owner at the registered address. The principal installments so called for prepayment shall not bear interest after the date fixed for prepayment, provided funds are on hand to prepay said installments.

This bond shall be registered as to principal and interest on the books of the Issuer kept by the Issuer's Treasurer or succcessor or written designee as bond registrar and transfer agent (the "Transfer Agent") and noted hereon, after which it shall be transferable only upon presentation to the Transfer AGent with a written transfer by the registered owner or his attorney in fact. Such transfer shall be noted hereon and upon the books of the Issuer kept for that purpose by the Transfer Agent.

The Issuer has covenanted and agreed and does hereby covenant and agree to fix and maintain at all times while any bonds including any installments of this bond payable from the Net Revenues of teh System shall be outstanding, such rates for service furnished by the System as shall be sufficient to provide for payment of the interest upon and the principal of this bond and any additional bonds of equal standing payable from the Net Revenues of the System as and when the same become due and payable, and to create a bond and inteerest redemption fund (including bond reserve account) therefor, to provide for the payment of expenses of administration and operation and such expenses for maintenance of the System as are necessary to preserve the same in good repair and working order, and to provide for such other expenditures and ufnds for the System as are required by the Ordinace.

It is hereby certified and recited that all actrs, conditions and things required by law to be done precedent to and in the issuance of this bond have been done and performed in regular and due time and form as required by law.

Section 10. Security of Bonds To pay the principal of and interest on the Bonds as and when the same shall become due, there is hereby created a statutory lien upon the whole of the Net Revenues of the System to continue until the payment in full of the principal of and interest ofn the Bonds and said Net Revenues shall be set aside for the purpose and identified as the Bond and Interest Redemption Fund, as hereinafter specified.

Section 11. Budget. Immediately upon the Effective date of this Ordinance for the remainder of the current Fiscal Year, and thereafter prior to the beginning of each Fiscal year, the Issuer shall prepare and annual budget for the System for the ensuing Fiscal Year itemized on the basis of monthly requirements. A copy of such budget shall be mailed to the Government without request from the Government for review prior to adoption (as long as the Government is the registered owner of any of the Bonds.), and upon written request to any other registered owners of the Bonds.

Section 12. Custodian of Funds: Funds. The Issuer's Treasurer shall be custodian of all funds belonging to or associated with the System and such funds shall be deposited in the Depository Bnak. The Issuer's Treasurer shall execute a fidelity bond with a surety company in an amount at least equal to the maximum annual debt service for the Bonds.

The Issuer's Treasurer is hereby directed to create and maintain the following funds and accounts into which the proceeds of the Bonds and the Revenues from the System shall be deposited in the manner and at the times provided in this Ordinance, which funds and accounts shall be established and maintained, except as otherwise provided, so long the Bonds hereby authorized remain unpaid.

(A) CONSTRUCTION ACCOUNT. The proceeds of the Bonds hereby authorized, and no other funds, shall be deposited in the 1999 WASTEWATER AND SEWAGE DISPOSAL SYSTEM BOND CONSTRUCtion FUND ACCOUNT (the "Construction Account"), in the Depository Bank. Monies in the Construction Account shall be used solely for the purposes for which the Bonds are issued.

Any unexpended balance of the proceeds of sale of the bonds remaining after completion of the Project herein authorized may in the discretion of the Issuer be used for further improvements, enlargements and extensions to the System, provided that at th time of such expenditure such use be approved by the Dpartment of Treasury (if such approval is then required by law). Any remaining balance after such expenditure shall be paid into the Bonds and Interest Redemption Fund and used as soon as is practical for the prepayment of installments of the Bonds or for the purchase of installments to the Bonds at not more than the fair market value thereof. Following completion of the Project, any unexpended balance of the Bonds shall be invested at a yield not to exceed the yield on the Bonds.

After completion of the Project and disposition of remainnig proceeds, if any, of the Bonds pursuant to the provisions of this Section, the Construction Account shall be closed.

(B) WASTEWATER AND SEAGE DISPOSAL SYSTEM RECEIVING FUND. Upon and after the effective date of this Ordinance, the Revenues of the System shall be set aside into a separate fund to be designated the WASTEWATER AND SEWAGE DISPOSAL SYSTEM RECEIVING FUND (the "Receiving Fund") and moneis so deposited therein shall be transferred, expended and used only in the manner and order as follows:

(1). Operation and Maintenance FUnd. There is hereby established a separate fund to be designated the OPERATION AND MAINTENANCE FUND (the "Operation and mMaintenance Fund"). Revenues shall be transferred each quarter of the Fiscal Year, commencing upon the effective date of this Ordinance, from the Receiving FUnd to the Operation and Maintenance Fund to pay the reasonable and necessary current expenses of administration and operating and maintaining the System for the ensuing quarter.

(2) Wastewater and Sewage Disposal System Revenue Bonds-Bond and Interest Redemption Fund. There is hereby establisehd a separate fund to be designated as the 1999 WASTEWATER AND SEAGE DISPOSAL SYSTEM BOND-BOND AND INTEREST REDEMPTION FUND (the "Bond and Interest Redemption Fund"). After the transfer required in (1) above, Revenues shall be transferred each quarter of the Fiscal Year, commencing October 1, 1999 from the Receiving Fund, before any other expenditures or transfer therefrom, and deposited in the bond and Interest redemption FUnd for payment of principal of and interest on the Bonds and to fund the Bond Reserve Account.

Upon delivery of an installment of the Bonds there shall be set aside at the time of delivery and on the first day of each quarter of the Fiscal Year thereafter to the next interest payment date an amount equal to that fraction of the amount of interest due on the next interest payment date on said installment so delivered, the numerator of which is 1 and the denominator which is the number of full and partial fiscal year quarters from the date of said delivery to the next interest payment date. There shall be set aside each Fiscal Year quarter on or after April 1, 2000, an amount not less than 1/2 of the amount of interest due on the next interest payment date on al outstanding installments of the Bonds not delivered during the then current interest payment period.

Upon any delivery of an installment of the Bonds there shall be set aside at the time of such delivery and on the first day of each quarter of the Fiscal Year thereafter to the next principal payment date an amount equal to that fraction of the amount of principal due on the next principal payment date on said installment so delivered, the numerator of which is 1 and the denominateor of which is the number of full and partial fiscal year quarters from the date of said delivery to the next principal payment date. There shall also be set aside each fiscal year quarter on or after October 1, 2000, an amount not less than 1/4 of the amount of principal due on the next principal payment date. Except as hereinafter provided, no further deposits shall be made into the Bonds payment date. Except as herein after provided, no further deposits shal be made into the Bond and Interest Redemption fund (excluding the Bond Reserve Account) once the aforesaid sums have been deposited therein. ANy amount on deposit in the Bond and Interest Redemption Fund (excluding the Bond Reserve Account) in excess of (a.) the amount needed for payment of principal installments of the Bonds for the then current principal payment period, plus (b.) interest on the Bonds for the then current interest payment period, shall be used by the Issuer for redemption of principal installments of the Bonds in the amnner set forth in Section 10 hereof, if such use is impractible, shall be deposited in or credited to the Receiving Fund.

If for any reason there is failure to make such quarterly deposit in the amounts required, then the entire amount of the deficiency shall be set aside and deposited in the Bond and Interest Redemption Fund out of the Revenues first received thereafter which are not required by this Bond and Interest Redemption fund and the RRI fund may be transferred to the Bond and Interest Redemption FUfnd and used to call Bonds or portions thereof for redemption , or at the option of the Issuer transferred to the RRI fund and used for the purpose for which the funds were establisehd; provided, howebver, that if there should be a deficit in the Operation and Maintenance Fund, the Bond and Interest Redemption fund, the Bond Reserve Account orthe RRI fund, on account of defaults in setting aside therein the amounts hereinbefore required, then transfers shall be made from such moneys remaining in the Receiving Fund to such funds in the priority and order named in this Section, to the extent of such deficits.

Section 13. Investments. Moneys in the unds and accounts established herein and moneys derived from the proceeds of sale of the bonds may be invested by the legislative body of the Issuer on behalf of the Issuer in the obligations and instruments permitted for investment by Section 24 of Act 94, as the same amy be amended from time to time; provided, however, that s long as the Bonds are held by the Government, then the investment may be limited to the obligations and instruments authorized by the Government Investment of moneys in the Bond and Interest Redemption Fund being accumulated for payment on the next maturing principal or interest payment on the Bonds shall be limited to obligations and instruments bearing maturity dates prior to the date of the next maturing principal or interest payment on the Bonds. Investment of moneys in the Bond reserve Account shall be limited to Government obligations and instruments bearing maturity dates or subject to redemption, at the option of the holder there of, not later than five (5) years from the date of teh investment. In the event investments are made, any securities representing the same shall be kept on deposit wit the Depository Bank. Interest income earned on investment of funds in teh Receiving Fund, the Operation and Maintenance Fund, the Bond and Interest Redemption Fund (except the Bond Reserve Accoutn) and the RRI Fund, shall be deposited in or credited to the Receiving Fund. Interest income earned on the investment of funds inthe bond Reserve Account shall be deposited in the Bond and Interest Redemption Fund.

Section 14. Rates and Charges. Rates and charges for the services of the System have been fixe by ordinance in an amount sufficient to pay the costs of operating, maintaining and administering the System, to pay the principal of and interest on the Bonds and to meet the requirements for repair, replacement, reconstruction and improvement and all other requirements provided herein, and otherwise comply with the covenants herein provided. The Issuer hereby covenants and agrees to fix and maintain at all times while any of the Bonds shall be outstanding such rates for survice furnished by the System as shall be sufficient to provide for the foregoing expenses, requiremetns and covenants, and to create a bond and interest redemption fund -including a bond reserve account- for all such Bonds. The rates and charges for all services and facilities rendered by the System shall be reasonable and just, taking into consideration the cost and value of the System and the cost of maintaining, reapring, and operating the same and the amounts necessary for the retirment of all of teh Bonds, and accruing interest on all of the Bonds, and there shall be charged such rates and charges as shall be adequate to meet the requirements of this Section and Section 12 of this Ordinance.

Section 15. No Free Service. No free service shall be furnished by the System to any individual, firm or corporation, public or private or to any public agency or instrumentality.

Section 16. Covenants The Issuer covenants and agrees, so long as any of the Bonds hereby authorized remain unpaid, as follows:

(A) It will comply with applicabble state laws and regulations and continually operate and maintain the System in good condition.

(B)(i) It will maintain complete books and records relating to the oepration and fniancial affairs of the System. If the Government is the holder of any of the Bonds, the Government shall have the right to inspect the System and the records, accounts, and datea relating thereto at all reasonable times.

(ii) It will file with the Department of Treasury and the Government each year, as soon as is possible, not later than ninety (90) days after the close of teh Fiscal Year, a report, on forms prepared by the Department of Treasury, made in accordance with the accounting method of the Issuer, completely setting forth the financial operation of such Fiscal year.

(iii) It will cause an annual audit of such books of record and account for the preceding Fiscal Year to be made each year by a recognized independent certified public accountant, and will cause such accountant to mail a copy of such audit to the Government, without request of the Government, or to the amnager of the syndicate or account purchasing any seris of the Bonds. Such audit shall be completed and so made available not later than ninety (90) days after the close of each Fiscal Year, and said audit may, at the option of the Issuer, be used in lieu of the statement on forms prepared by the Department of Treasury and all purposes for which said forms are required to be used by this Ordinance.

(c) It will maintain and carry, for the benfit of the holders of the Bonds, insurance on all physical properties of the system, of the kinds and in the amounts normally carried by municipalities enagaged in the operation of similar systems. The amount of said insurance shall be approved by the Government. All moneys received for losses under any such insurance policeis shall be applied solely to the replacement and restoration of the property damaged or destroyed, and to the extent not so used, shall be used for the purpose of calling Bonds.

(d) It will not borrow any money from any source or enter into any contract or agreement to incur any other liabilities that may in any way be lien upon the Revenues or otherwise encumber th System s as to impair Revenues therefrom, without obtaining the prior written consent of the Government, nor shall it transfer or use any portion of the Revenues derived in the operation of the System for any purpose not herein specifically authorized.

(e) If will not voluntarily dispose of or transfer its title to the Sytem or any part thereof, including lands and interest in land, sale, mortgage, lease or other encumbrances, without obtaining the prior written consent of the Government.

(f) Any extensions to or improvements of teh System shall be made according to sound engineering principles and specifications shall be submitted t the Goverment for prior review.

(g) To the extent permitted by law, it shall take all actions within its control necessary to maintain the exlusion of the interest on the bonds from adjusted gross income for general federal income tax purposes under the Interenal Revenue Code of 1986, as amended, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of proceeds of the Bonds and moneys deemed to be proceeds of the Bonds.

Section 17. Additional bonds The issuer may issue additional bonds of equal standing with the bonds for the following purposes and on the following conditions:

(a) to complete construction of the PRoject according to the plans referred to in Section 1, additional bonds may be issued in the amount necessary therefor.

(b) For the purpose of making reasonable replacement or extension of the System or refunding any series of the Bonds if: (i) The augmented net revenues of teh System for the fiscal year preceding the year in which such additional Bonds are to be issued were 100 percent of the average annual debt service requirements on all Bonds then outstanding and those propsed to be issued net of any Bonds to be refunded by the new issue; or

(ii) The holders of at least 75 percent of the then outstanding Bonds consent to such issue in writing.

For purposes of this section the term "augmented net revenues" shall mean the Net Revenues of the System for a year, adjusted to reflect the effect of any rate increased placed in effect during that year (but not in effect for the whole year), placed in effect subsequent to the year or scheduled, at the time the new Bonds are authorized, to be placed in effect before principal of and interest on the new Bonds become payable from Revenues of the System , and augmented by any increase in Revenues or decrease in expenses estimated to accrue from the improvements to be acquired from the new Bonds. The adjustments and augmentations provided for the preceding sentence shall be established by certificate of an independent consulting engineer filed with the City Clerk of the issuer. If new Bonds are issued within 4 months of the end of a Fiscal Year, the determination made in subsection (b)(i) of this Section may be based upon the results of a fiscal year ending within 16 months of the date of issuance of the new Bonds.

The Funds herein established shall be applied to all additional bonds issued pursuant to this Section as if said bonds were part of the original bond issue and all Revenue from any such extension or replacement constructed by the proceeds of an additional bond issue shall be paid to the Receiving Fund mentioned in this Ordinance.

Except as otherwise specifically provided so long as any of such Bonds herein authorized are outstanding, no additional bonds or other obligations pledging any portion of the Revenues of the System shall be inccured or issued by the Issuer unless the same shall be junior and subordinate in all respects to the Bonds herein authorized.

Section 18 Ordinance Shall Constitute Contract The provisions of this Ordinance shall constitute a contract between the Issuer and the bondholders and affter the issuance of the bonds this ordinance shall not be repealed or amended in ay respect which will adversely affect the rights and interest of the holders nor shall the Issuer adopt any law, ordinance or resoution in any way adversely affecting the rights or the holders so long as the Bonds or interest thereon remains unpaid.

Section 19. Refunding of Bonds. If at any time it shall appear to the government that the Issuer is able to refund upon call for redemption or with consent of the Government the then outstanding Bonds by obtaining a loan for such pur poses from responsible cooperative or private credit sources at reasonable rates and terms for loans for similar purposes and periods of time, the Issuer will, upon request of the Government, apply for and accept such loan in sufficient amount to repay the Government, and will take all such actions as may be required in connection with such loans.

Section 20. Default of Issuer. If there shall be default in the bond and interest redemption fund, provisions of this Ordinance or in the payment of principal of or interest on any of the Bonds, upon the filing of a suit by 20 % of the holders of the Bonds, any court having jurisdiction of the action may appoint a receiver to administer the System on behalf of the Issuer with power to charge and collect rates suffcient to provide for the payment of the Bonds and for the payment of operation, maintenance and administrative expenses and to apply Revenues in accordance with this Ordinance and the laws of the State of Michigan.

The Issuer hereby agrees to transfer to any bona fide reciver or other subsequent operation of the System, pursuant to any valid court order in a proceeding brought o enforce collection or payment of the Issuer's obligations, all contracts and other rights of the Issuer, conditionally, for such time only as such receiver or operation shall operate by authority of the court.

The holders of 20 percent of the Bonds in the Event of default may require by mandatory injunction the raising of rates in a reasonable amount.

Section 21. Ordinance Subject to Michigan Law and GOvernment Regulations. The provisions of this Ordinance are subject to the laws of the State of Michigan and to the present and future regulations of the Government not inconsistent with the express provisions hereof and Michigan law.

Section 22. Fiscal Year of System. The fiscal year for operating the System shall be the Fiscal Year.

Sectoin 23. Issuer Subject to Loan Resolution. So long as the Government is holder of any bonds, the issuer shall be subject to the loan resolutioj (RUS-Bulletin 1780-27) and shall comply with all provisions thereof.

Section 24. Covenant Not to Defease. So long as the government is the holder of any of the Bonds the issuer covenants that it will not defease any of the Bonds held by the Government.

Section 25. Conflict and Severability All ordinances, resolutions and orders or parts thereof in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed, and each section of this Ordinance and each subdivision of any section hereof is hereby declared to be independent, and the finding or holding of any section or subdivision thereof to be invalid or void shall not be deemed or held to affect the validity of any other section or subdivision of this Ordinance.

Section 26. Paragraph Headings. The paragraph headings in this ordinance are furnished for convenience of reference only and shall not be considered to be a part of this Ordinance.

Section 27. Publication and Recordation. This Ordinance shall be published in full in the Manistique Pioneer Tribune, a newspaper of general circulation in the Issuer, qualified under State law to publish legal notices, promptly after its adoption, and the same shall be recorded in the Ordinance Book of the Issuer and such recording authenticated by the signatures of the Mayor and City clerk.

Section 28. Effective Date. This Ordinance is hereby determined by the City council to be immediately necessary for the preservation of the peace, health and safety of the Issuer and shall be in full force and effect from and after its passage and publication as required by law.

Passed and adopted by the City of Manistique, County of Schoolcraft, State of Michigan, on August 9, 1999.

THE CITY OF MANISTIQUE ORDAINS:

Sec.1 Definitions

in the interpretation of this article, the following definitions shall apply except where the context clearly indicates that another meaning is intended:

Applicant means any person applying for a license under this article, or any person applying for a driver's permit under this article, as the case may be.

Driver means any person who drives a taxicab.

Driver permit means a permit issued by the city clerk permitting the holder thereof to drive a taxicab.

For hire means remuneration or reward of any kind, paid or promised, either directly or indirectly.

License means a license issued by the city clerk licensing the operation of a vehicle for hire.

Limousine means a chaufeur driven motor vehicle for hire: (1) which is designed to carry not more than ten (10) additional passengers at an hourly or zone rate; (2)2 which is operated on a contractual basis; and (3)3 which is used for the transportation of persons.

Luxury sedan means a chaufeur driven motor vehicle for hire: (1) which is designed to carry notmore than four (4) additional passengers at an hourly or zone rate; (2) which is operated on a contractual basis; and (3) which is used for the transporation of persons.

Owner means any person to whom a vehicle for hire license has been issued.

Taxicab means a motor vehicle for hire (1) upon which a taximeter is affixed; (2) which is designed to cary not more than ten (10) passengers; (3) which is operated as a common carrier on call or demand; and (4) which is used for the transportation of persons.

Taximeter means a mechanical instrument or device by which the rates or fares to be charged for taxicab services are mechanically calculated and upon which such rates or fares shall be indicated by means of figures.

Vehicle for hire means a limousine, luxury sedan or taxicab. The terms does not include motor vehicles used as hearses or ambulances.

Sec.2 Maintenance of equipment.

The owner of each vehicle for hire licenses under this article shall examine and inspect the vehicle for hire as to its mechanical condition, especially as to brakes, power and lights, in such manner and with such frequency as to insure safety and ependability to patrons and the public, and each vehicle for hire licensed under this article shall be maintained at all times in a dependable workable and safe condition. Records of such inspections, defects found and reapirs made, shall be kept on file by the owner of each vehicle for hire licenses hereunder, and such records shall, during ordinary business hours, be open for inspection by the Director of Public Safety or his designee.

Sec.3 Compliance with laws and ordinances.

Each vehicle for hire licensed under this article shal be operated in accordance with the laws of this state and teh ordinances of the City and with due regard for safety, comfort and convenience of passengers and for the safety of the general public.

No vehicle for hire shall be operated at a rate of speed greater than that established by state law, or by ordinance of this city.

Sec. 4. Report of accidents.

All accidents arising from or in connnection with the operation of vehicles for hire which results in death of or injury to any person, or in damage to any property shall be reported within a reasonable time from the time of occurrence to the Department of Public Safety.

Sec.5. Dress

Drivers of vehicles for hire shall be clean in dress and in person at all times while operating a vehicle for hire.

Sec.6 Lost articles

Every driver of a vehicle for hire shall search the interior of the vehicle for hire at the termination of each trip for any article which may be left in such vehicle for hire by a passenger. ANy article found therein shall immediatly be returned to the passenger owning it, if he be known; otherwise, it shall be deposited with the owner of the vehicle for hire at the conclusion of the driver's tour of duty. A report of the findings and deposit of such article shall be made by the owner within twenty four (24) hours thereafter to the Department of Public Safety.

Sec. 7 Passengers

No driver or owner of a taxicab shall refuse or neglect to convey any orderly person or persons upon request by signal or telephone call, unless the taxicab is previously engaged. When a taxicab has been engaged by a passenger, no additional passengers shall be received therein except with the express consent of the first passenger. No driver or owner of a limousine or luxury sedan shall refuse to contract to transport any orderly person or persons upon request unless the limousine or luxury sedan has previously been committed to transport another person or persons.

Sec. 8. Drivers Drinking on Duty prohibited

No driver of a vehicle forhire shall drink or be under the influence of alcoholic liquor or any controlled substance, as defined in Article 7 of Act. No. 368 of the Public Acts of Michigan of 1978 *MCL 33.7101 et seq., MSA 14.15(7101)et seq.), as amended, while on duty.

Sec. 9 Use for illegal purposes.

No owner or driver of a vehicle for hire shall use or permit the use of any taxicab for illegal purposes.

DIVISION 2. BUSINESS LICENSE

Sec.10 Required Acts.

No Person shall operate, or cause to be operated, any taxicab in the city without having first obtained a license to operate such vehicle, limousine or luxury sedan.

It shall be unlawful for any vehicles for hire to pick up any passengers or accept any business within the city limits without obtaining a business license.

No vehicle for hire shall be operated at a rate of speed greater than that established by state law, or by ordinance of this city.

Sec. 11 Application

Any person desiring a license to operate a vehicle for hire in the city shall file with the city clerk an application fee in an amount as set by resolution of the council, together with a sworn application therefor, on forms furnished by the city, whcih application shall contain the following:

The name, age, residence, citizenship and present occupation of the person applying for the license. If the applicant is a partnership, the names, addresses, citizenship and occupations of all partners shall be given. If the applicant is a corporation, the names addresses and occupations of all officers and directors thereof shall be given. If the applicant is a limited liability company, the names, addresses and occupations of all members, managers and assignees of membership interest shall be given'

The make, body style, year, serial and engine number, state license plate number, seating capacity and weight of the vehicle for hire for which the license is being applied for.

Whether there are any unpaid or unbonded judgements of record against the applicant, and, if so, the title of all actions and the amount of all unpaid or unbonded judgements and the court in which the same was rendered;

The experience of the applicant both inthe city and elsewhere, in the operation of vehicles for hire or other common carriers;

Whether or not the applicant for such license, or, if a partnership, limited liability company or corporation, any of the partners , members, managers assignees of membership interest, officers or directors thereof, has ever been charged with, convicted of or pled guilty to any felony, crime or misdemeanor, and if so, the date, nature of the offense, and the court in which such charge was made, conviction was obtained or plea of guilty was entered;

The place or places within the city, or elsewhere, where the person applying for the license proposes to operate the vehicle for hire;

The address of the place of business from where the person applying for the license intends to operate the vehicle for hire from;

The number of vehicles for hire for which the applicant holds licenses at the date of application;

Whether the applicant is the owner of the vehicle for hire for which license is being applied for, and, if not, the name of the owner thereof;

Such other information as the council may, in its discretion, require.

Sec.12 Granting of licenses.

The city clerk shall transmit each application for a license to the Director of Public Safety, who shall cause an investigation to be made regarding the character, fitness and qualifications of the person applying for the license. The Director of Public Safety shall thereupon return the application, together with his or her recommendation thereon, to the city clerk for prsentment to the council at the next regular meeting. If the council shall determine that the person applying for the license is a suitable person, it may grant a license thereof, to be issued upon the filing of the policy of insurance as hereinafter required and upon the city clerk's receipt of recommendation from the Director of Public Safety that the vehicle for hire proposed to be licensed is a safe and and suitable vehicle tob eused for such purposes hereinafter required; provided, that the council may refuse to grant a license to any applicant when, in the judgement of the council, additional vehicles for hire in the city would adversely affect the public;s safe and convenient use of the public streets of the city.

Sec. 13 Inspection

(A) Any person to whom the council has granted a license or whose license is renewed shall, within twenty (20) days thereof, file with the city clerk a fee in any amount as set by resolution of the council, together with an application for an inspection of a vehicle for hire, which application shall contain the following: the make, body style, year, serial and engine number, state llicense plate number, seating capacity, and weight of the vehicle for hire for which such license is being applied for.

(B) The city clerk shall transmit each application for an inspection of a vehicle for hire to the Director of Public Safety, who shall cause an inspection to be made of the vehicle identified thereon regarding the fitness of such vehicle to be used as a vehicle for hire, the Director of Public Safety shall thereupon return such application, together with his recommendation of approval or disapproval of the fitness of such vehicle to be used as a vehicle for hire, to the city clerk.

(C) If the Director of Public Safety recommends disapproval of the vehicle as a vehicle for hire, the reasons therefore shall be set forth in his/her recommendation.

Sec. 14 Insurance policy required.

(A) No license shall be issued until the applicant therefore shall obtain and file with the city clerk a policy of liability insurance issued bya responsible insurance company authorized to do business in the state providing insurance converage for each vehicle for hire for which a license is applied for.

(B) Such policyt of insurance shall insure the applicant against liability for personal injury or injuries to a passenger or passengers in such vehicles for hire or to a member or members of the general public, resulting from an accident or accidents in which such vehicle for hire may be involved through the recklessness or negligence of its driver, operator or owner, as well as against any damage to property.

(C) Such policy shall provide minimum insurance protection for each vehicle for hire in an amount as set by resolution of the council.

(D) Such policy of insurance shall provide for coninuing liablilty thereunder to the full amount thereof, notwithstanding any recovery thereon, and that the insolvency or bankruptcy of the insured shall not release the company.

(E) Such policy shall further provide that it shall not be canceled, surrendered or revoked by either party except after ten (10) days written notice to the city, furnished by the insurance company in suing the policy.

(F) The cancellation, surrender or other termination of any insurance policy issued and filed with the city in compliance with this section shall authomatically terminate the licenses of all vehicles for hire covered by such insurance policy unless another policy complying with this section shall be in effect and deposited with the city, prior to the time of such cancellation or termination.

(G) It shall be unlawful for any person to operate, or cause to permit to be operated, any vehicle for hire on the streets of the city withou having fully complied with the terms of this section.

Sec. 15. Issuance.

License granted by the council shal be issued by the city clerk; provided, however, no license shal be issued until:

The license fee as hereinafter required shall be paid;

The city shall receive the liability insurance policy, as provided in section 25-45 and the approval by the city attorney that the policy complies with the terms of this article; and

The city clerk shall receive approval of the fitness of the vehicle to be used as a vehicle for hire from the Director of Public Safety.

Section 16. Fee.

The owner of each vehicle for hire for which a license is granted or renewed shall pay to the city clerk an amount as set by resolution of the council before the original license, or before a renewal license is issued.

Sec. 17 Expiration.

All licenses shall expire on the 31st day of December at 12:00 midnight, the year following issuance thereof. The date of each license shall be indicated on the face thereof.

Sec. 18 Renewal

The city clerk may renew the license from year to year. A licensee applying for renewal of a license shall make application therefor on a form furnished by the city clerk and shall file the same with the city clerk. The city clerk shall transmit the application to the Director of Public Safety. The director of Public Safety shall make an investigation of the applicant and if he or she is satisfied that the information contained in the application is substantially the same as that contained ni the original application, and remains accurate, he shall endorse his recommendation for approval. If the Director of Public Safety shall recommend rejection, the city clerk shall deny renewal of the license.

Sec. 19 Transfer.

(a) Licenses shall be non transferable from one person to another. Any transfer or attempted transfer thereof to any other person shall automaticaly revoke the license.

(B) Change of ownership of or title to any vehicle for hire shall automatically revoke any license previously granted for the operation of the vehicle for hire, and the purchaser thereof shall not operate the vehicle for hire in the city, until he has applied for and been issued a license.

(C) The owner of any vehicle for hire for which a license has been granted may have the license transferred to another vehicle by filing with the city clerk a request therof, giving the make, year, body style, serial and engine number, state license plate number, seating capacity, and weight of the vehicle to which he proposes to have such license transferred; provided, that no transfer of license shall actually be made until the original vehicle for hire upon which such license was issued shall be retired from service and until approval as to the fitness of such other vehicle to be used as a vehicle for hire is obtained from the Director of Public Safety in the same manner as provided for in Section 13.

Sec. 20 Suspension or revocation.

Licenses may be suspended or revoked by the council for any of the following reasons:

The council finds that the information contained in the application for such vehicle for hire license was false or misleading.

The owner shall cease to operate any vehicle for hire for a period of thirty(30) consecutive days with out having obtained permission for cessation of such operation from the council; or

The council finds that the owner or any driver in his employ repeatedly violated any provision of the traffic ordinance of the city while oeprating a vehicle for hire licensed hereunder.

Sec. 21 Hearing

Any person whose application for license is approved but who is denied or any person whose license is revoked shall have the right to a hearing before the council, provided a written request therefor is filed with the city clerk within ten (10) days following the date of notice of revocation or denial of issuance of a license.

DIVISION 3: DRIVER'S PERMIT

Sec. 22 Required

No person shall drive a taxicab in the city without first having obtained a driver's permit from the city clerk ; provided that a person not having a driver;s permit issued by the city may bring passengers into the city from outside the city, but shall not pick up any passengers or accept any business within the city.

Sec. 23 Application

Any person desiring a driver's permit shall file with the city clerk, on forms furnished bythe city, a sworn application for a driver's permit, which application shall contain the following:

The name, age, residence, citizenship and present occupation of the applicant, and his place or places of residence for five(5) years immediately preceding the date of application;

The experience which the applicant has had in the operation of automobiles, taxicabs, or other vehicles used in carrying passengers for hire or on contact;

Whether or not such applicant has ever been charged with, convicted of, or pled guitly to any felony, crime or misemeanor, and if so, the date, nature of the offense, and the court in which such charged was made, conviction was obtained , or pleas of guilty entered;

Whether any chauffeur;s license or operator's permit is issued to has ever been suspended or revoked, and if so, for what cause;

Such other information as the council may, in its descretion, require.

Sec. 24 Granting of Permit

Upon the filing of application for driver;s permit, the city clerk shall transmit the same to the Director of Public Safety, who, shall cause an investigation to be made of the character and fitness of the applicant. If in the opinion of the Director of Public Safety, the applicant is a proper person to receive a driver;s permit, he shall approve the issuance thereof, provided, however, that no driver;s permit shall be issued to any person who has not atttained eighteen (18) years of age and who does not hold a chaufeur's license from the state.

Sec. 25. Issuance.

If the application for the driver's permit is approved by the Director of public Safety, he shall return the application, together with his approval endorsed thereon, to teh city clerk, who shall issue the applicant a driver's permit.

Sec. 26 Fee.

At the time of filing an application for a driver's permit or a renewal application, the applicant therefor shall pay to the city clerk a fee in an amount as set by resolution of the council.

Sec. 27 Expiration

All Driver's permits shall expire on the thrity first of December at 12:00 midnight , for teh year of the isssuance thereof. The expiration date of each driver's permit shall be indicated on the face thereof.

Sec. 28 Renewal.

The city clerk may renew driver's permits from year to year. A driver applying for a renewal of his driver's permit shal make application thereofr on a form furnished by the City and shall file the same with the city clerk. The city clerk shall transmit the application to the Director of Public Safety. The Director of Public Safety shall make an investigation, and if he is satisfied that the applicants driver's permit should be renewed, shall endorse this approval upon such application and return it to the clerk, who shall issue the renewal.

Sec. 29 Transfer

(a) DRiver's permits shall be nontransferable.

(B) No person who has been issued a driver's permit shall transfer, or attempt to transfer, such driver's permit or any badge or card issued hereunder to any other person.

Sec. 30 Revocation

The Director of Public Safety shall have the power to revoke any driver's permit in the following cases:

If the holder thereof shall be convicted of or plead guilty to any violation of this article or of the traffic ordinances of the city or to any statute or penal law of the state, whether in relation to the operation of motor vehicles or not;

If the holder thereof shall be involved in any accident causing injury to or death of any person , or injury or destruction of any property.

Whenever in the opinion of the Director of Public Safety, the holder thereof shall by his conduct demonstrate that the best interest of the public require that his driver's permit be revoked.

Sec. 31 Hearing

Any person whose application for a driver's permit or renewal thereof is denied or whose driver's permit is revoked shall have the right to a hearing before the council, providd a written request therefor is filed with the city clerk within then (10) days following the date of notice of revocation or denial of the application for a driver's permit.

Sec. 32 Violation of Ordinance/Misdemeanor

Any person, firm, association, partnership or coporation who shall violate any section of this ordinance shall be guilty of a misdemeanor. The maximum fine shall be $500 and the maximum jail time shall be 90 days. The Distric Court may impose both fines and jail time in the court's discretion.

Sec. 33 Effective Date; Publication

The provisions of this Ordinance shall become effective fifteen (15) days after its adoption and shall be published within 15 days of its adoption by publication of a brief notice in a newspaper circulated in teh City, stating the date of enactment and the effective date of the ordinance, abrief statement as to the subject matter of this Ordinance and such other facts as the Clerk shall deem pertinent, and that a copy of the Ordinance is available for public use and inspection at the office of the city clerk.