refusal or

SEC. 20. Whenever the council shall deem it expedient to Council may require ownconstruct any sidewalk within the city, it may, by ordinance ers to conor resolution, require the owner of any lot or premises ad. struct, etc. joining thereto, or fronting or abutting thereon, to construct such sidewalk in front of or adjoining such lot or premises; the council, in like manner, may, by ordinance or resolution, under such penalty as it may prescribe, require the owner to repair or reconstruct any sidewalk in front of or abutting on or adjoining his premises, in such manner as the council may direct. If such owner shall neglect or refuse to make, repair or In case of reconstruct any sidewalk in front of or adjoining his premises neglect. within such reasonable time as the council shall prescribe, it shall be lawful for said council to cause the same to be done at the expense of the city. In such case an accurate account of the expense thereof shall be certified to by the street commissioner, who is hereby authorized by virtue of his office, to make, repair or reconstruct such sidewalk, or cause the same to be done, and to file such account in the office of the city recorder, and a duplicate thereof with the city assessor, within five days after such work shall have been done and completed. Such account, so certified to by said street commissioner, shall contain an accurate description of each parcel of real estate in front of which or abutting on which or adjoining which said sidewalk was so made, repaired or reconstructed, also the expense of such construction, repairing, or reconstruction, and also the name of the owner of the real estate, if known. If the name of such owner shall not be known, such facts shall be stated in such account.

place unpaid

roll.

SEC. 21. It shall be the duty of the city assessor, on the Assessor to first day of March, June, September and December in each amounts on year, or as soon thereafter as may be, to place said accounts then remaining unpaid in an assessment roll, together with ten per cent of each account, to be added thereto. Said as'sessment roll shall be in form substantially the same as special assessment rolls provided for in this act, except that it shall not be necessary to place any valuation upon the real estate therein described. When completed, said assessment roll shall be filed in the office of the city recorder, and by him reported to the council.

visions to apply.

SEC. 22. All the provisions of this act relative to special Certain proassessments, as to notice of time of hearing objections to such assessments, the hearing of such objections, the reviewing, adopting and confirming of such assessment roll by the council, and the collection of such assessments, and the spreading of the same upon the general assessment roll of said city, shall apply to the assessment rolls provided for in this title.

17

Resolution by council.

To be published, etc.

Conducting of election.

Form of ballots.

Levy of tax for.

Numbering, etc., of bonds.

Limitation of amount.

TITLE XV.

ISSUE OF BONDS.

SECTION 1. Whenever the council shall deem it necessary to issue the bonds of the city for any purpose, except as provided in title nine of this act, it shall so declare by resolution, specifying the amount of and purpose for which it is proposed to issue said bonds, when said bonds are to mature, and the rate of interest thereon and the time when and the time where an election will be held to authorize the issue of said bonds, which time shall not be less than twenty days from the adopttion of said resolution.

SEC. 2. The council shall cause said resolution to be published in a newspaper of the city of Muskegon circulating in said city of Muskegon Heights, each day for at least fourteen days, and copies thereof shall be posted in at least three public places in each ward.

SEC. 3. The necessary inspectors and clerks of election shall be appointed in the manner provided for in this act. The votes cast at such election shall be by ballot, and the election shall be conducted and the votes canvassed and returns thereof made in the same manner, as near as may be, as other elections under this act. The ballots used at such elections shall bear upon their face the following: "For the issue of bonds— Yes," For the issue of bonds-No."

SEC. 4. Whenever the council shall be authorized by a vote of the electors of said city, as aforesaid, it may issue the bonds of said city for the amount so authorized, and provide for the payment of principal and interest thereon, and for that purpose shall assess, levy and collect on the assessed value of all the real and personal estate in said city made taxable by the laws of this State, taxes not to exceed in amount a sufficient sum to pay the interest accrued or to accrue, and the principal becoming due on said bonds for the year for which said taxes are levied.

SEC. 5. All bonds issued under the provisions of this title shall be numbered consecutively, and in such manner as to distinguish them from bonds which may be issued under the provisions of title nine of this act.

SEC. 6. The issue of bonds under the provisions of this title shall not at the time of issue of any part thereof, exceed in the aggregate ten per cent of the value of the assessable property in said city, as shown by the next preceding assessment roll.

Council to

have control of.

TITLE XVI.

PUBLIC IMPROVEMENTS AND WORKS.

SECTION 1. The council shall have supervision and control of the construction and care of all public works and improvements within said city.

and estimates

SEC. 2. Whenever the council shall have decided upon the When plans making of any repairs or public improvements, it shall so de- to be made. clare by resolution, and shall recommend the kinds of materials to be used, and shall cause estimates to be made of the quantity of such materials, and estimates in detail of the probable cost and expense of such improvements or repairs and of the materials to be used therein, and make a record of such estimates, and shall cause to be prepared so far as necessary plans and specifications of said improvement, which said estimates, plans and specifications shall be filed in the office of the city recorder; and where the estimated cost of such im- To advertise for proposals. provement exceeds the sum of five hundred dollars, the council shall, except as in this act otherwise provided, advertise for proposals for the furnishing of materials and the performance of such work, and shall require all bidders to furnish security for the performance of proposals tendered, if the bid be accepted, and also security for the performance of any contract awarded. All bids submitted to said council shall be publicly Contracts, to opened, and all contracts for the furnishing of such material or the performance of such work shall be let and made to the lowest responsible bidder who shall furnish security as aforesaid to the satisfaction of said council.

whom let.

dorsed, etc.

may re-let.

SEC. 3. All contracts made by the council shall be in the How enname of the city of Muskegon Heights, and after approval thereof as to form and phraseology, endorsed thereon by the city attorney, shall be executed by the mayor and recorder, and when made said council shall in behalf of the city have direction of the performance thereof. The council shall re- When council serve the right in all contracts to determine all questions as to the proper performance of the same, and as to the completion of the work specified therein, and in case of improper delivery or imperfect performance thereof, to suspend work, at any time, and to order the reconstruction of the same, if improperly done, to re-let the work covered by said contract, or any unfinished portion thereof, or by its employes to take possession and complete the same at the expense of the contractor. It shall also have the right, and it shall be its duty May retain by proper provisions in all contracts to retain an amount from part of price the contract price sufficient to pay and discharge all debts incurred by the contractor for labor performed or materials furnished, and upon the failure of the contractor to pay the same to make payments thereof to the parties entitled thereto, and charge the amount so expended to said contractor.

SEC. 4. The council shall from time to time cause to be When may order paymade estimates of the amounts earned and payable upon any ment of. contract or wark done and materials furnished, and upon the adoption of such estimates and without unreasonable delay order payment thereof from the proper funds of said city.

keep com

SEC. 5. The recorder shall keep in his office in some conven- Recorder to ient and suitable place easy of access, a book called "A Com- plaint book. plaint book," in which any person may enter complaints concerning the lack of repair, or unsafe condition of any street,

sidewalk, crosswalk, bridge or culvert within the city, which book shall be in such form and with such headings as will show as nearly as may be the location by streets or by lots and blocks of any such defect, and the nature thereof. It shall be the duty of the recorder to enter in said "Complaint Book" the complaint of any person so made.

Council to

of.

TITLE XVII.

FIRE DEPARTMENT.

SECTION 1. The council shall have the care and custody of have custody all engine houses, fire engines and apparatus, horses and hose implements, tools, bells, towers, fire alarm telegraph, and all property of every nature in use by the fire department of the city, and shall have to organize and maintain the same, and prescribe all rules and regulations for the government of the same, and prescribe fines and penalties for the breach of the

May prescribe rules.

When may tear down buildings.

for same.

same.

SEC. 2. The council shall, when necessary, prescribe and publish a system of rules and regulations for the government of said fire department.

SEC. 3. The officer in charge of the department at any fire, with the concurrence of any two aldermen, may cause any building to be pulled down or destroyed, when deemed necessary in order to arrest the progress of the fire, and any person having an interest in the building so pulled down or destroyed shall, before bringing suit apply to the council, within three months thereafter, for damages or compensation for such Compensation buildings. The council may in its discretion pay him such compensation as it may deem just; the council may ascertain such damage by agreement with the owner or person interested, or by the appraisal of a jury to be selected in the same manner as in case of taking private property for public use, and the council may cause the amount of any damages determined upon, as aforesaid, to be defrayed by special assessment upon the property which in its opinion was protected or benefited by the destruction of said building; but no damages shall be paid for the amount of any loss which would probably have occurred to such building if it had not been pulled down or otherwise destroyed.

Compensa

tion for in

SEC. 4. The council may provide suitable compensation for jured firemen, any injuries which any fireman or employe of said department may receive to his person or property in consequence of the performance of his duties at any fire, as it may deem just.

TITLE XVIII.

WATER DEPARTMENT.

establish.

SECTION 1. The city shall have power to establish, con- City may struct, maintain, regulate, and keep in repair a system of water works for the purpose of supplying said city and its inhabitants with water for municipal, domestic and other purposes, and it shall be the duty of the council to enact any and all ordinances necessary to carry into effect the power and authority conferred upon the city relative to the water works of said city.

have care of.

SEC. 2. The council shall have the care, control, custody, Council to and management of all pumping houses, machinery, apparatus and property of every nature now and hereafter in use by the water department of said city, and the care, control and management of said department.

duties of

SEC. 3. The council shall define the duties of all persons ap- To define pointed to any position in said department or employed employes. therein, and subject to the limitations contained in this act, shall fix and determine the compensation to be paid to them.

water supply,

SEC. 4. Whenever it may become necessary in the opinion Additional of the council to procure any additional water supply for the how procured. city and its inhabitants for the purposes hereinbefore named from any source or sources within or without the limits of said city, the council shall determine the kind and quantity of power and machinery required therefor; the pipes, conduits, and reservoirs, to be used and the manner and extent of distribution in said city; and subject to the limitations in this act provided, may contract for all necessary work and labor and for the purchase or manufacture of all necessary material therefor; purchase and lease lands, water rights, and other privileges or franchises necessary to provide such supply; cause pipes to be laid in the streets, alleys and lanes and through the public places or grounds in said city. Said council may, in its discretion, establish, erect and maintain, fire and public hydrants, jets and fountains.

rates.

whom paid.

make rules.

SEC. 5. Said council shall fix and determine the rates to be Council to fix paid by consumers of water, and the terms and conditions on which water shall be supplied by said department. Said rates when and to shall be paid to the treasurer of said city, at such time or times, according to the terms and conditions aforesaid, as the council may determine, and shall be credited by said treasurer to the water fund of said city. Said council shall make all Council to needful rules and regulations for the government of said department and the guidance of its officers, agents and employes, and for the collection of water rates, the payment of which it shall be the duty of said council to enforce by cutting off supply to the consumers and by depriving such delinquent consumer of such supply from said department, until all arrearages of water rates shall be paid or payment of such arrearages of water rates may be enforced by suit in the name of the