Imágenes de páginas

Penalty, how recovered.

Actions, how brought.

SEC. 8. Whenever a pecuniary penalty or forfeiture shall be incurred for violation of any ordinance, and no provision shall be made for the imprisonment of the offender upon conviction thereof, such penalty or forfeiture may be recovered in an action of debt or assumpsit. Whenever a corporation shall incur a penalty or forfeiture for a violation of any ordinance the same may be sued for in one of the actions aforesaid.

SEC. 9. Any action for the recovery of a penalty or for feiture for the violation of any ordinance shall be brought in the name of the city of Muskegon Heights, and may be commenced by summons. The form, time of return, and service thereof, the pleadings and all proceedings in the cause, shall, except as otherwise provided herein, conform to and be the same, as near as may be, as in like actions for the recovery of When execu- penalties for violations of the laws of the State. Upon rendition of judgment against the defendant, execution shall issue forthwith, and except when against a corporation, shall require that, if sufficient goods and chattels cannot be found to satisfy the same, the defendant may be committed to the county jail of Muskegon county, the jail, workhouse or house of correction of said city, for a period not exceeding ninety days, unless execution be sooner paid, or he be discharged by the due course of law.

tion to issue.

Prosecutions, how commenced.

SEC. 10. Prosecution for violation of the ordinances of said city may also in all cases, except against corporations, be commenced by warrant for the arrest of the offender; such warrant shall be in the name of the people of the State of Michigan, and shall set forth the offense complained of, and be substantially of the form and be issued upon complaint made as provided by law in criminal cases cognizable by justices of Proceedings, the peace; and the proceedings relating to the arrest and custody of the accused during the pendency of the suit, the pleadings and all proceedings upon the trial of the cause and in procuring the attendance and testimony of witnesses, and the rendition of judgment and execution thereof, and the enforcement of the same shall, except as otherwise provided by this act, be governed by and conform, as nearly as may be to the provisions of law regulating the proceedings in criminal cases cognizable by justices of the peace.

how governed.

When court to render


City allowed


SEC. 11. If the accused shall be convicted, the court shall render judgment thereon and inflict such punishment, either by fine or imprisonment, or both, not exceeding the limit prescribed in the ordinance violated, as the nature of the case may require, together with such costs of prosecution as the court shall order.

SEC. 12. The city of Muskegon Heights shall be allowed use of county the use of the county jail of Muskegon county for the confinement of persons liable to imprisonment under the ordinances thereof, or under any of the provisions of this act, and the sheriff or other keeper of such jail shall receive and safely keep any person committed thereto as aforesaid, until lawfully discharged.

ordinance in


SEC. 13. It shall not be necessary in any suit, proceeding Mention of or prosecution for the violation of any ordinance of the city, to state or set forth such ordinance or any provision thereof, in any complaint, warrant, process or pleading therein, but the same shall be sufficiently set forth or stated by reciting its title and the date of its passage or approval, and it shall be a sufficient statement of the offense or cause of action in any such complaint or warrant, to set forth substantially with reasonable certainty, the time and place, the act or offense complained of, and to allege the same to be in violation of an ordinance of said city, referring thereto by its title and the date of its passage or approval.

quired to give

SEC. 14. In all prosecutions, and in all suits to which the City not recity shall be a party, brought to recover any penalty or for- bonds. feiture for violation or breach of any ordinance, and in any suit commenced by summons, warrant or other process, to which the city shall be a party, brought in justice court, the like proceedings shall be had thereon, except as herein otherwise provided, and the judgment rendered therein may be appealed from in like manner as in similar cases tried before justices of the peace, except that the city of Muskegon Heights shall not be required to give any bond.

be paid into

SEC. 15. All moneys collected from fines, penalties or for- Fines, etc., to feitures or judgments, shall be paid into the city treasury to treasury. be disposed of as the council shall direct. Justices of the peace receiving any such fines and neglecting or refusing to pay over the same within thirty days thereafter, shall be deemed guilty of a misdemeanor and shall be punished accordingly.


SEC. 16. All process issued by any justice of the peace to Process, how enforce any of the ordinances of the said city shall be directed to the chief of police of the city of Muskegon Heights or any constable of the county of Muskegon and such process may be executed by any of said officers anywhere within the State, and shall be returnable the same as other similar processes issued by justices of the peace.



SECTION 1. The fiscal year of the city of Muskegon Heights Fiscal year. shall commence on the first day of July in each year.

levy tax.

SEC. 2. The council shall have authority within the limita- Council may tions herein prescribed to raise annually by taxation within the corporation such sums of money as may be deemed necessary to defray the expenses and pay the liabilities of the city, and to carry into effect the powers in this act granted. SEC. 3. The revenues raised by general tax upon all the Revenues property in the city, or by loan to be paid by such tax, shall be divided into the following general funds:

vided into



Fire department.

General highway.

General sewer.



Public building.


Interest and sinking.

Other funds.

Special funds.

Street district.

District sewer.



First, Contingent fund, to defray the contingent and other expenses of the city, for the payment of which from some other fund no provision is made;

Second, Fire department fund, to defray the expenses of purchasing grounds, erecting engine houses thereon, purchasing engines and other fire apparatus, and all other expenses necessary to maintain the fire department of the city;

Third, General highway fund, to defray the expenses of opening, widening, extending, altering and vacating streets, alleys and public grounds, and for grading, paving, curbing, graveling and otherwise improving, repairing and cleaning the streets, alleys and public grounds of the city, and for the construction and repair of sidewalks and crosswalks and for the care thereof;

Fourth, General sewer fund, to defray the expenses of sewers, drains, ditches and drainage, and the improvement of water courses;

Fifth, Bridge fund, for the construction and maintenance of bridges;

Sixth, Water fund, for the construction, extension and maintenance of the waterworks and for the maintenance of the water department and providing supplies of water;

Seventh, Public building fund, for providing for public buildings, and for the purchase of land therefor, and for the erection, preservation and repair of any such buildings, city hall, offices, prisons, watch houses and hospitals, as the council is authorized to erect and maintain, and not herein otherwise provided for;

Eighth, Police fund, for the maintenance of the police of the city, and to defray the expenses of the arrest and punishment of those violating the ordinances of the city;

Ninth, Interest and sinking fund, for the payment of the public debt of the city and the interest thereon;

Tenth, Such other general funds as the council may from time to time constitute.

SEC. 4. Revenues and moneys raised by taxation in special districts of the city shall be divided into the following special funds:

First, A street district fund, for each street district, for defraying the expenses of grading, improving, repairing and working upon the streets therein and for the payment of all street expenses, and for the building and repair of sidewalks and crosswalks which the council shall charge upon the street district, except as in this act otherwise provided;

Second, A district sewer fund, for each main sewer district, for the payment of the cost and expenses of sewers and drainage in and chargeable to the main sewer district, when the city shall be divided into such districts;

Third, Special assessment funds, any money raised by special assessment levied in any special assessment district or special sewer district, to defray the expenses of any work, paving improvement, or repair or drainage therein.

raise by

SEC. 5. The aggregate amount which the council may raise Amount may by general taxation upon the taxable real and personal prop- general tax, erty in the city of Muskegon Heights for the purpose of defraying the general expenses and liabilities of the corporation (except for the payment of the public debt of the city and the interest thereon), and for all purposes for which the several general funds mentioned in section three of this title (exclusive of the taxes for the interest and sinking fund and for school, library and schoolhouse purposes) shall not, except as herein otherwise provided, exceed in any year one per cent of the assessed value of all the real and personal property in the city made taxable by law as shown by the assessment roll of the current year.


SEC. 6. In addition to the above amounts, the council may By special raise by special assessment in sewer districts and special assessment districts for the purpose of grading and paving, curbing, graveling and otherwise improving the streets, and for constructing sewers, drains, and making other local improvements chargeable upon the lands and property in the district, and for all other purposes for which the main sewer funds and special assessment funds are constituted, such sums as it shall deem necessary but not exceeding in any one year twenty per cent on the assessed value of the property in the sewer district or special assessment district, as the case may be as shown by the assessment roll of the preceding year.

cause esti

SEC. 7. It shall be the duty of the council to cause estimates Counsel to to be made in the month of June of each year, of all the ex- mates to be penditures which will be required to be made from the several made. general funds of the city during the next fiscal year, for the payment of interest and debts to fall due, or for lands to be acquired, buildings to be erected or repaired, bridges to be built, and for the paving of streets, the construction of sewers, making improvements and for the support of the police and fire departments, and for defraying the current expenses of the year, and the amounts that will be required to be ex pended from street district funds during said next fiscal year in working upon, improving and repairing the streets in the several street districts of the city, and for every other purpose for which money will be required to be paid from any of the several general funds during such fiscal year.


SEC. 8. The council shall also, in the same month, deter- Council to mine upon the amount required to be raised in the next gen- amount. eral tax levy to meet any deficiencies for the current year, also the amount or part of any special assessments which it may require to be levied or reassessed in the next general assessment roll of the city upon lands in any main sewer, or special assessment district, or upon any parcel of land, or against any particular person as a special assessment.

SEC. 9. The council shall also, in said month of June, pass Annual a resolution to be termed the annual appropriation bill, in appropriation which it shall make provision for, and appropriate the several amounts required to defray the expenditures and liabilities

What to be designated in.

No further sums to be raised.


Contracts to go to lowest bidder.


of the corporation for the next fiscal year, payable from the several general funds and from the street district funds as estimated and determined upon as provided in section eight of this title, and order the same or so much of said amounts as may be necessary, to be raised by a tax in the next general tax levy, or by loan or by both, and to be paid into the several general funds and street district funds of the city; but the whole amount so ordered to be raised by tax or loan, or by both, shall not, except as herein otherwise provided, exceed the amount which the city is authorized by sections five and six of this title to raise by general tax during the year. The council shall specify in such resolution the objects and purposes for which such appropriations are made, and the amount appropriated, for each object or purpose, and to each of the general funds and street district funds. The council shall also designate in the appropriation bill the sums, if any, required to be levied to meet any deficiency for the current year, and the amount or part of any special assessment or other sum which it may require to be levied or reassessed with the next general tax as mentioned in section nine of this title, and the disposition to be made of such moneys, and shall also designate in said bill any local improvement which it may deem advisable to make during the next fiscal year, to be paid for in whole or in part by special assessments, and the estimated cost thereof.

SEC. 10. After the passage of the annual appropriation bill no further sum shall be raised or appropriated, nor shall any further liability be incurred for any purpose, to be paid from any general or street district fund, during the fiscal year for which the appropriation was made, unless the proposition to make the appropriation shall be sanctioned by a majority vote of the electors of the city, or such district, as the case may be, voting upon the proposition at the next annual city election, or at any special election called for that purpose; but this section shall not prohibit the council from making any necessary repairs or expenditures, at a cost not exceeding one thousand dollars, the necessity for which is caused by an epidemic, casualty, or accident, after making the annual appropriation for the year, and for borrowing the money therefor. SEC. 11. No contract for the construction of any public building, sewer, paving, graveling, planking, or for the construction of any public work whatever, or for any work to be done, or for purchasing or furnishing any material, printing or supplies for said corporation, if the expenses of such construction or repairs, work, printing, material or supplies shall exceed five hundred dollars, shall be let or entered into, except to and with the lowest responsible bidder, with adequate security: Provided, That in case of repairing paved streets, building and repairing cross-walks, culverts, intersections and sidewalks, the council may cause the same to be done when so deemed advisable, and ordered by a vote of two-thirds of all

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