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day in April in the year one thousand nine hundred and four, and every three years thereafter, there shall be elected by the qualified voters of the whole city an assessor who shall hold his office for three years, and until his successor shall be elected and qualified, and whose term of office shall commence on the first day of January next succeeding his election. On the second Monday of January in the year one thousand nine hundred and four, or as soon thereafter as may be, the council shall appoint an assessor for said city who shall hold his office until the first day of January one thousand nine hundred and five, and until his successor shall be elected and qualified as hereinbefore provided. But this section shall not be operative until the first day of January, nineteen hundred and four.
Sec. 2. That section thirty-two of title six of said act with the sub-title prefixed to said section, viz. : “Board of Assessors” be and the same hereby is amended so as to read as follows:
Sec. 32. The assessor shall annually assess all the property Powers and in said city liable to taxation under the laws of this State, now or hereafter in force, for the purpose of levying the taxes lawfully imposed thereon, and shall for the purpose of making such assessment, have all the powers and perform all the duties of supervisors of townships in this state. It shall be the duty of the assessor to assess all of the real estate of the city from actual view. The assessor shall be a member of the board of equalization and shall attend the sessions of said board but shall have no vote therein. He shall prepare the annual tax rolls of said city for and under the direction of the city clerk, and shall render such clerical services in relation thereto as the city clerk may require. The assessor shall have such further powers, and perform such further duties, as are or may be imposed upon him by this act and by any ordinance of the city. The assessor shall have power to administer oaths and affirmations, whenever necessary to the proper discharge of the duties of his office; and any person who shall wilfully swear falsely to any return, valuation, record, property or material fact regarding his property liable to be assessed under the laws of this State, shall be held and deemed to be guilty of the crime of perjury. The board of assessors heretofore existing in said city, and the offices of the several members of said board are hereby abolished, and the duties of said board shall devolve upon and shall hereafter be performed by the assessor. But this section shall not be operative until the first day of January, nineteen hundred and four.
Sec. 3. That section eight of title six of said act be and the same hereby is amended so as to read as follows:
SEC. 8. The clerk shall make and present to the council Clerk to make whenever required, a detailed statement of the receipts, expenditures and financial condition of the city, of the debts to be paid and moneys required to meet the estimated expenses
statement to council.
Relative to streets.
of the corporation, and he shall publish in a newspaper, printed
SEC. 4. That section eleven of title fourteen of said act be
Sec. 11. The council shall have power to grade, pave, repave. plank, gravel, curb, and otherwise improve, repair and clean the streets and alleys of said city. The cost and expense of repairing and cleaning any street shall be paid out of the general street fund. The term paving shall be deemed to include the construction of crosswalks, gutters and curbing.
Sec, 5. That section twelve of title fourteen of said act be
and the same hereby is amended so as to read as follows: Relative to
Sec. 12. Fifty per cent of the cost and expense of improvpaving, etc.,
ing any street by grading, paving, repaving, planking, gravelwhere niesway ing, curbing or otherwise, or so much of any street, upon which have tracks. any street railway company has a track or tracks, as, under
the terms and conditions of the ordinance or ordinances of
SEC. 6. That section thirteen of title fourteen of said act
SEC. 13. Such part of the expenses of improving any alley, of alleys.
by grading, paving, repaving, planking, graveling, curbing, or
Sec. 7. That section two of title fifteen of said act be and the same hereby is amended so as to read as follows:
Sec. 2. Said city may acquire, purchase, erect and main- May hold land, tain such reservoirs, canals, aqueducts, sluices, buildings, en- water works. gines, water wheels, pumps, hydraulic machines, distributing pipes and other apparatus, appurtenances and machinery, and may acquire, purchase, appropriate and own such grounds, real estate, rights and privileges as may be necessary and proper for the securing, construction and maintenance of such water-works.
Sec. 8. That section four of title fifteen of said act be and the same hereby is amended so as to read as follows:
Sec. 4. Before any money shall be borrowed, appropriated. Question to be raised or expended for the purchase, construction or exten- electors. sion of water-works in said city, the council shall cause to be made an estimate of the expense thereof and the question of raising the amount required for such purpose shall be submitted to the electors, being freeholders of said city, at its next annual election or at a special election called for that purpose by the council as provided in this act, and shall be determined as a majority of such electors voting at such election by ballot upon the question shall decide. Provided, how. Proviso. ever, That after such water-works have been purchased or constructed by said city, the council may then raise and expend in making repairs or alterations or in extending such works, such sum as they may see fit without submittting the question to the electors of the city, but the sum to be raised for such purpose shall be included in and shall not increase the total amount which by the provisions of section five of title nineteen of this act the council is authorized to raise.
Sec. 9. That section nine of title fifteen of said act be and the same hereby is amended so as to read as follows:
Sec. 9. For the purpose of operating and constructing, main- City may lay taining or extending such water-works, the city shall have the pipes, etc. right to lay conduit pipes, aqueducts or other necessary works over or under any water course or under and along any street, alley, lane, turnpike road, railroad or highway within said street, but not in such manner as to obstruct the same or impede or prevent travel thereon, and the city authorities may at all times enter upon and dig up such street, alley, road or highway to lay pipes thereon or to construct works beneath the surface thereof, but they shall cause the surface of such street, alley, road or highway to be ralaid and restored to its usual state and any damage done thereto to be repaired, and such right shall be continuous for the purpose of repairing and relaying water pipes upon like conditions.
Sec. 10. That section two of title eighteen of said act be and the same hereby is amended so as to read as follows:
Sec. 2. When the council shall determine to make any pub- Resolution lic improvement or repairs, the whole or any part of the cost of special and expense whereof is to be defrayed by special assessment, assessment. either as required by section twelve of title fourteen of this
Costs of improvements, what to include.
When assessors to make out roll.
In case of unknown ownership.
act, in the cases therein provided for, or in any other case as determined by the council, they shall so declare by resolution, stating the improvement, and what part or proportion of the expenses thereof shall be paid by special assessment and what part, if any, shall be appropriated from the general funds of the city, and shall designate the district or lands and premises upon which the special assessment shall be levied.
SEC. 11. That section four of title eighteen of said act be and the same hereby is amended so as to read as follows:
Sec. 4. The cost and expenses of any improvement which may be defrayed by special assessment shall include the costs of surveys, plans, assessments and costs of construction.
SEC. 12. That section seven of title eighteen of said act be and the same hereby is amended so as to read as follows:
Sec. 7. t'pon receiving such order and directions, the board of assessors shall make out an assessment roll, entering and describing therein all the lots, premises and parcels of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon; and shall levy thereon and against said persons the amount to be assessed, in the manner directed by the council and the provisions of this act, applicable to the assessment. In all cases where the ownership of any description is unknown to the board of assessors, they shall in lieu of the name of the owner insert the name "unknown," and if by mistake or otherwise, any person shall be improperly designated as the owner of any lot, parcel of land or premises, or if the same shall be assessed without the name of the owner, or in the name of a person other than the owner. such assessment shall not, for any such cause, be vitiated, but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed, be a lien on such lot, parcel of land or premises, and collected as in other cases.
SEC. 13. That section eight of title eighteen of said act be and the same hereby is amended so as to read as follows:
SEC. 8. If the assessment is required to be according to frontage, the board of assessors shall assess to each lot or parcel of land such relative portion of the whole amount to be levied by such assessment as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed. If the assessment is directed to be according to benefits, they shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefits resulting to such lot from the improvement. When the board of assessors shall have completed the assessment they shall report the same to the council; such report to be signed by the assessors, may be in the form of a certificate, endorsed on the assessment roll, as follows:
Property, how assessed.
When assessors to report to council.
Form of report.
State of Michigan,
We hereby certify and report that the foregoing is the special assessment roll, and the assessment made by us pursuant to a resolution of the council of said city, adopted (give date), for the purpose of paying that part of the cost which is to be paid and borne by special assessment for the (here insert the object of the assessment): That in making such assessment we have as near as may be, and according to our best judgment, conformed in all things to the directions contained in the resolutions of the council hereinbefore referred to, and the charter of the city relating to such assessments.
Board of Assessors. Sec. 14. That section twelve of title eighteen of said act be and the same hereby is amended so as to read as follows: Sec. 12. When any special assessment shall be reported by Assessment
rolls, where the board of assessors to the council, as in this title directed the same shall be filed in the office of the city clerk and numbered consecutively. Before adopting such assessment, the Notice of council shall cause notice to be published two weeks at least, assessment. in some newspaper of the city, of the filing of the same with the city clerk, and appointing a time when the council and board of assessors will meet to review such assessment. Any person objecting to the assessment may file his objections thereto in writing with the city clerk. The notice provided for in this section may be addressed to the persons whose names appear upon the special assessment roll, and to all persons interested therein, and may be in the following form:
NOTICE OF SPECIAL ASSESSMENT.
To (insert the names of the persons against whom the assess. Form of ment appears), and to all persons interested, take notice: That the roll of the special assessment heretofore made by the board of assessors for the purpose of defraying that part of the cost which is to be paid and borne by special assessment for the (insert the object of the assessment and the locality of the proposed improvement in general terms) is now on file in my office for public inspection. Notice is also hereby given that the council and board of assessors of the city of Menominee will meet at the council room in said city (insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard. Dated..