a free ferry from said city to the township of Sugar Island in the county of Chippewa, by the construction of a dock within said city, to be used for such free ferry purposes, and to expend from time to time such money as the common council of said city may deem necessary to aid in the maintenance of such free ferry between the city of Sault Ste. Marie and the town. ship of Sugar Island, in the county of Chippewa.

Approved April 16, 1903.

[No. 422.]

AN ACT to amend section three of chapter five of act number

forty-eight of the Local Acts of eighteen hundred eightytwo, entitled "An act to re-incorporate the city of Manistee,” approved March fifteenth, eighteen hundred eighty-two, and to add two new chapters to said act, to stand as chapter thirty-three and chapter thirty-four of said act; and to repeal all parts of said act, and of the amendments thereto, inconsistent herewith.

Section amended.

The People of the State of Michigan enact: SECTION 1. That section three of chapter five of act number forty-eight of the Local Acts of eighteen hundred eighty-two, entitled “An act to re-incorporate the city of Manistee," approved March fifteenth, eighteen hundred eighty-two, be and the saine is hereby amended so as to read as follows, and that two new chapters be added to said act to stand as chapter thirty-three and chapter thirty-four.

CHAPTER V.

Council to appoint certain oficers.

Sec. 3. The council shall, on the nomination of the mayor, elect and appoint, by a majority vote of all the aldermen elected, a city attorney, a street commissioner, a city surveyor, a pound master, a harbor master, one assessor, one police and fire commissioner, one water commissioner, and such other officers as the council may from time to time deem necessary, to carry into effect the powers granted by this act. The mayor shall submit to the council his nominations to the above named officers at the meeting of the council on the third Tuesday in April in each year.

CHAPTER XXXIII.

THE BOARD OF WATER COMMISSIONERS.

or whom to

SECTION 1. Albert Baumann, George R. Ray, John Seymour, consist, term William J. Barnhart and Thomas J. Elton, who now constitute. of office, etc.

the present board of water commissioners, having been by ordi

:

to elect mem

nance heretofore duly appointed to such office by the mayor
and common council of said city, are hereby named and con-
stituted as the board of water commissioners of the city of
Manistee, and as such shall be deemed officers of the city. Each
of said commissioners shall hold his office until the third
Tuesday in April of the following years respectively, and until
his successor is appointed and qualified, such expiration being
the same as heretofore fixed by the common council of Manistee,
to wit: Albert Baumann, nineteen hundred three; George R.
Ray, nineteen hundred four; John Seymour, nineteen hundred
five; William J. Barnhart, nineteen hundred six; Thomas J.
Elton, nineteen hundred seven.

Sec. 2. On the third Tuesday in April, nineteen hundred When council
three, and annually thereafter, the council shall, on the nomina: bers.
tion of the mayor, elect and appoint, by a majority vote of
all the aldermen elected, a citizen of said city, being a qualified
voter and freeholder, as a commissioner, who shall hold his
office for five years, or until his successor shall be appointed
and qualified : Provided. That this section shall not be con- Proviso.
strued as to disqualify any member of said board from re-ap-
pointment. And in case of the death or resignation, or re-
moval from the city, or removal from office, of any of the said
commissioners, the mayor and council shall, as soon thereafter
as possible, and in the manner herein provided, fill such vacancy
for the remainder of the term.

Sec. 3. Any member or members of said board may be re. How may be moved from office for cause, in the same manner as elective offi- removed. cers of said city.

SEC. 4. The said commissioners shall, at their first meeting to choose in May, nineteen hundred three, and annually thereafter, choose from their own number a president, a secretary, and such other officers as they shall deem necessary. In case of a vacancy in any office of the board, said commissioners shall have power to fill the same as in the first instance.

Sec. 5. Each commissioner shall file with the city clerk a Commissionbond in the penal sum of two thousand dollars, conditioned for the faithful discharge of his duties, which bond shall be approved by the mayor and chairman of the finance committee of the council, before such commissioner enters upon the duties of his office. And the superintendent and bookkeeper shall Omcers to file. each file with the city clerk a bond in such penal sum as the board may determine, which bond shall be approved by the president and secretary of the board, before such employees enter upon the discharge of their respective duties.

SEC. 6. The board shall hold, at such time as they may by When to resolution prescribe, at least one regular stated meeting in each month for the transaction of business. Special meetings may be called by the president or any two members of the board, at any time, by giving notice to all the members thereof. Three Quorum. members of the board shall constitute a quorum for the transaction of any business. The board may provide by resolution for the appointment of standing committees of its members, who shall perform such duties, investigate, have charge of,

oficers.

ers to file bonds.

Compensa tion.

Duties, etc., of board.

Employes of,

and report upon such matters as may be referred to them. Such committees shall be appointed by the president. The board shall keep an accurate record of all proceedings, and cause its proceedings to be promptly published in at least one newspaper published in the city.

Sec. 7. The president and secretary of the board shall each receive one hundred dollars per annum, and each of the other members of the board shall receive fifty dollars per annum, and no other or further sum shall be paid to any member of said board for his services. The said salaries shall be deemed a part of the operating expenses of said water-works, and shall be paid from the income thereof.

Sec. 8. Said board shall have the entire management, control and operation of the water-works of the city, and it shall be the duty of the board to control, operate and manage said water-works, and, except as hereinafter provided, to make and superintend all necessary repairs, extensions, enlargements or improvements thereof; to employ all necessary labor to operate said water-works; to audit and pay all expenses of operating the same, and of the repairs and improvements thereof; and to perform all such other services for the careful and economical operation of said water-works. Said board shall also have such other and further powers not herein granted, as are given to water boards by the general laws of this State, and as are not inconsistent with the powers and rights herein granted.

Sec. 9. The regular employees of said board in the operation of said water-works shall be one superintendent, one bookkeeper, who shall be collector and clerk of the board, two engineers, two firemen and one tapper. But the board may employ such additional labor as may become necessary in works of construction, conservation or repair, or in case of emergency. The number of regular employees and their salaries shall not be increased at any time without the authority of the council.

Sec. 10. The board is hereby authorized and directed to prepare and adopt, as soon as practicable, a system of water rates to be charged to the city and the inhabitants thereof, for water supplied by the water-works. Such rates shall be prepared, with the purpose of securing sufficient revenue from said works to pay all the expenses of operation and repairs, and the waterworks bonds and interest thereon, as the same become due; but the rate charged the city for rent of hydrants, shall not exceed one hundred dollars each per annum. The board shall also prepare and adopt rules and regulations for the operation of said water-works, and shall regulate the manner of making connections with water mains, and the use of water. The said rates, rules and regulations may, from time to time, be revised and amended, and shall apply equally to all the inhabitants of the city. When such rates, rules and regulations have been prepared and adopted by the board, it shall cause the same to be printed in convenient form for distribution.

Sec. 11. All moneys collected or received by the board shall be paid over to the city treasurer upon the day of collection, and shall be kept by the city treasurer, separate and apart from

Board to adopt system of rates.

To adopt rules, etc.

Moneys collected to whom paid.

, drawn

to raise

all other city moneys, in a fund to be known as the water-works
fund, and no money shall be transferred from said fund to any
other city fund, except for the payment of water-works bonds
and the interest thereon.

Sec. 12. Moneys shall be drawn from said fund for the pay. Expense
ment of all expenses of operating, repairing, conserving and honey, how
extending said waterworks, only upon the order of the board,
signed by the president and secretary thereof, and each order
shall show the purpose for which it is drawn. The city treas-
urer shall not, without the consent of the council, pay any
order of the board, if drawn in favor of any member of the
board, except those drawn in payment of the salaries of the
members of the board provided by section seven of this chap-
ter. Neither the president nor the secretary shall sign or issue
any order upon the water-works fund, unless authorized by a
vote of the majority of the members of the board.

Sec. 13. If, at any time, there are not sufficient moneys in When council the water-works fund to pay any of the bonds heretofore issued, for, by special or that may hereafter be issued by the city, for water-works tax. purposes, when the same shall become due, the board shall, on or before the first day of September in the year in which such deficiency occurs, certify to the council the amount of such deficiency, and it shall be the duty of the council to raise said amount by a special tax in the same manner as general taxes of the city; said special tax to be designated a water tax; and said amount shall be credited to the water-works fund by the city treasurer: Provided, That in lieu of raising said amount Prov.so. by a special tax, the council may extend the time of payment of said bonds, as provided for other bonds of the city, in section twenty-five of chapter twenty-six of this act. Sec. 14. When, in the opinion of the board, it becomes When may

make improvenecessary to increase the capacity of the water-works, or to ments. construct any new works, or to increase the service of said water-works, involving a total expenditure of more than five thousand dollars in any one year, the board shall, before incurring any expense or liability therefor prepare plans and specifications of the proposed improvement, and estimates of the cost thereof, and report the same to the council for its approval of, and consent to the proposed expenditure,

Sec. 15. The said board shall, on or before March fifteenth To ile report. in each year, make and file with the city clerk a full and complete report for the year ending on the last day of February, showing the income received from said water-works and the sources thereof; the expenses of operating the water-works; the amount expended for extensions, improvements and repairs, and in the payment of bonds and interest; the amount of money on hand, and the purpose for which held. The finance Who to audit committee of the council, or other committee appointed by the board. council for that purpose, shall, upon the filing of said report, audit the books of the board and compare the report with said books, and report their findings to the council, at the first meeting thereof. after said date; and such report shall be published as part of the proceedings at said meeting of the council.

:7

Cost of special work, how paid.

Sec. 16. In case of any special work being required from said board by the council, such as the lowering of water mains to conform to a change of street grade, or moving any fire hydrant from one place to another, the cost of such special work shall be paid to the board by the council. Fire hydrants shall be placed wherever ordered by the council; and whenever new fire hydrants are ordered to be installed, requiring the extension of one or more water mains, the cost of such extension and hydrants shall, in the first instance, be paid to the board by the council, but as soon as sufficient revenue is derived from private consumers and hydrant rentals from such extensions, the cost of the same shall be repaid to the council by the board.

Sec. 17. The council shall have authority to enact such ordinances as they may deem necessary, for the protection of the water-works, and any and all parts thereof, and against the violation of such ordinances may impose therein such fines, penalties and forfeitures as are prescribed in chapter nine of this act.

Water works, ordinances.

CHAPTER XXXIV.

ELECTROLYSIS.

Company's works not to injure city property.

City to have right of action.

SECTION 1. It shall be the duty of all persons, companies and corporations owning, using, or operating any telegraph, telephone, electric light or street railroad system, or any business or occupation using electricity, to so construct, manage, maintain and operate their plant, works and all connections thereof, as not to injure any water pipe, or any other structure or property of the city, or any other person, company or individual, by means of such electricity causing electrolysis.

SEC. 2. Said city of Manistee, or any other person, company or corporation, whose property has been injured by any such electrical current, or electrolysis, shall have a right of action against the person, company or corporation so causing or permitting such injury, for all damage, costs and expenses caused thereby.

Sec. 3. For the enforcement of the provisions of this chapter of said act, the city council of the city of Manistee shall have the power, and it is hereby authorized to pass such ordinances as it shall deem necessary therefor, and it may therein pre scribe such penalties, fines and forfeitures for the violation or violations thereof as provided in chapter nine of the city charter of the city of Manistee.

SEC. 4. That any and all parts of said act number fortyeight of the local acts of eighteen hundred eighty-two, and of the amendments thereto, in any manner contravening or inconsistent with this act, be, and the same are hereby repealed.

This act is ordered to take immediate effect.
Approved April 16, 1903.

Council may pass ordinances relative lo.

Repealing clause