May lay pipes, etc.

Expense of, how paid.

in case of special assessment.

general tax roll of the city for such year, and when collected shall be placed to the credit of said board and be applied for the purposes for which the same was raised.

SEC. 11. Said board shall have power to lay pipes in and through any of the streets, alleys and public grounds of said city and to construct such intakes, wells, reservoirs, pumping works, stand pipes, valves, gates, hydrants, fountains and other structures as they shall deem expedient; and may provide that the whole expense thereof, including the land and rights of way therefor, be defrayed out of any appropriate funds in hand or to be raised by tax or loan, or that such expense, or such portion or amount thereof as they shall determine to be just, shall be raised by special assessment on the lots and parcels of real estate to be specially benefited by any such Proceedings improvement. Before incurring any expense, except for land and right of way, for any improvement, the expense of which is to be in whole or in part defrayed by special assessment, said board shall cause a brief description of such proposed improvement, with estimates of the cost and expense thereof and of the portion or amount proposed to be raised by special assessment and also a plat or description of the district proposed to be assessed, to be deposited for public examination for at least ten days prior to the time when said board will hear objections and suggestions in relation to the same; and notice thereof and of the time and place where said board will meet to hear such objections and suggestions, shall be given by publication in a newspaper of said city at least ten days prior to such time. Upon or after such hearing said board may make changes or alterations in the plans and estimates for said proposed improvement, in the amount to be raised by special assessment and in the district to be assessed, and may construct or enter into a contract for the construction of said improvement; and when the amount to be raised by special assessment for such improvement shall be determined by said board, they shall make or cause to be made a special assessment roll of all the lots and parcels of land within said district, except public property, and shall assess thereon against the said lots and parcels of land and against the owners, if known, the amount to be raised by special assessment for such improvement, assessing upon each lot or parcel of real estate embraced therein its just proportion, according to their judgment, of the whole amount to be raised by special assessment for such improvement, having reference to the proportionate amount of benefit to be derived from such improvement by each of said When to con- lots or parcels of land. A time and place shall be fixed where said board will meet to consider the revision and confirmation of said roll, and ten days' notice of such meeting and the purpose thereof shall be given by publication in some newspaper of said city. Upon or after such hearing said board may confirm such roll or may revise and amend the same and change the limits of the assessment district or the amount of the assessment upon any lot or parcel of land therein, or may make or

When may change plans.

When to make roll.

firm.

cause to be made a new assessment roll for such improvement; and in case the limits of such district be enlarged or a new roll be made, another and like notice of revision and confirmation of said revised roll or of such new roll shall be given in the same manner; and proceedings may be had thereon in like manner until confirmation is had of a roll, a notice of the confirmation of which has been given, as aforesaid.

to be lien.

collected,

SEC. 12. Upon and after the confirmation of any such roll Assessments each of the several assessments therein made shall at once be a personal charge in favor of said board against the owner of the real estate against which such assessment was made and together with all interest and legal charges thereon shall be and remain a lien on such real estate until the same is paid; and such assessment roll shall be presumed by all courts and tribunals to be regular and valid, and shall be prima facie evidence of the validity of the assessments therein made against the persons and property therein named and the owners of such property; and said assessments shall not be deemed to be invalid by reason of having been made against any person other than the owner of the real estate, who shall be and remain personally liable therefor; and said assessments shall Interest, how bear interest at the same rate and be collected in the same etc. manner, as near as may be, as is or may be provided by the charter of the city of Marquette, in respect to special assessments levied by the common council of said city, and the laws of the state applicable to such assessments; and notice of the lien of such assessments may be filed, by order of said board, in the office of the register of deeds of said county, and may be discharged in the same manner as is or may be provided by said charter with respect to special assessments levied by said common council; but the failure to file any such notice shall not be deemed a waiver of the lien of any such assessment. All the provisions of the charter of said city in refer- Provisions of ence to the validity, the vacation, the reassessment and the apply. collection of special assessments, and the return, sale and disposition of lands delinquent for non-payment of such special assessments, and other things pertaining to special assessments subsequent to the confirmation thereof, shall be deemed applicable, so far as practicable, to such special assessments levied by said board, except that said board shall possess the powers and perform the duties therein required of the common council; and said board and its officers and the proper state, county and Powers and city officers and the courts of this state are hereby given the officers. same powers and jurisdiction and are hereby required to per form all duties in respect to such assessments, subsequent to confirmation, and in proceedings for the collection thereof upon the tax roll of said city, or otherwise, and in the return, sale and conveyance of lands for such assessments, as near as may be, as are or shall be conferred upon and required by the common council of said city and of State, county and city officers and of the courts of this state by the charter and ordinances of said city and the laws of this state applicable to

charter to

duties of

Appointinent, etc., of fire wardens.

Duties.

Other employes.

Proviso.

Board to

assess water rates.

Board may make by-laws.

special assessments levied by the common council of said city, with the same force and effect.

SEC. 13. Said board shall appoint and shall fix and pay the compensation of one or more fire wardens of the city, who shall qualify as other officers of the city and give such bond for the faithful performance of their duties as said board may require and approve; and shall hold such office until their successors shall be appointed and enter upon their duties. Such fire wardens shall perform all the duties required of fire wardens by the ordinances of the city and such further duties as may be required by said board. Said board shall also have power to employ superintendents, clerks, inspectors, assessors, collectors, firemen, engineers, surveyors and such other persons as they may deem necessary to enable them to perform their duties under this act, and to specify the duties of the persons so employed. and to fix their compensation: Provided, That in no case shall said commissioners receive, directly or indirectly, any compensation for their own services.

SEC. 14. Said board shall from time to time cause to be assessed the water rate or rates to be paid by the owner or occupant of each premises, building or part thereof supplied with water, upon such basis as they shall deem equitable; and such water rates and the reasonable costs of collection thereof shall be and remain a lien until paid, upon such premises and upon the lot or parcel of land upon which such building is How adjusted. situated. Such rates shall be so adjusted from time to time that the amount of money raised by water rates each year shall not exceed three-quarters of the total amount to be expended in such year for maintenance of the fire department, operating expenses of the water-works system and interest on the indebtedness of said board. Said board shall have power to make and enforce all necessary by-laws and regulations for the collection of water rates, either by the appointment of collectors to demand the same, requiring payment at the office of the treasurer, shutting off the water, or by suit in any court of competent jurisdiction; and suit may be brought in the cir cuit court for the county of Marquette, in chancery, for the foreclosure of the lien on real estate of any sum or sums for water rates, irrespective of amount involved, and any number of claims may be embraced in such suit; and said court shall have jurisdiction to hear, try and determine such suits: Provided, That the attempt to collect such rates by any method above mentioned shall not in any way invalidate the lien of such water rates upon the real estate, until payment thereof.

Suits, how brought.

Proviso.

May accumulate sinking fund.

SEC. 21. Said board is hereby empowered to accumulate a sinking fund for the payment of the bonded indebtedness created on account of the fire and water systems of the city. and for that purpose may appropriate thereto any surplus funds in their hands from time to time, and may also embrace in the estimates mentioned in section nine of this act, and cause to be raised by tax in each year a sum of money not exceeding in amount one-tenth of one cent on each dollar of

invest.

the assessed valuation of the city. Said board may invest the How may moneys of such fund in interest bearing government, state, county or municipal bonds, which shall be kept in the custody of the treasurer, or in such place of safety as the board shall direct.

council.

contain.

SEC. 22. It shall be the duty of said board of commissioners To report to to make a report to the common council of said city on or before the second Tuesday of March of each year; which re- What to port shall embrace a statement of the condition and operation of the fire department and water works system; a statement of the funds and securities of said board, all debts due and owing to and by said board, an accurate account of their expenses, and a list of the fires and of the losses and insurance on all property injured or destroyed by fire during the year; which statement shall be certified by said commissioners and shall be filed with the recorder of said city and be published in such manner as said common council may direct. This act is ordered to take immediate effect. Approved May 14, 1903.

[No. 472.]

AN ACT to reincorporate the city of Benton Harbor, Berrien county, Michigan.

The People of the State of Michigan enact:

contain.

SECTION 1. The following described territory is hereby con- Territory to stituted and declared to be a city corporate, by the name of Benton Harbor, as follows: Commencing at the center of the St. Joseph river at a point where the south line of section twenty-four, town four south, range nineteen west, would, if extended west, intersect said river, the same being in Berrien county, Michigan; thence east, along the south line of said section twenty-four, and along the south line of section nineteen, town four south, range eighteen west, the same being the center line of Empire avenue, to a point sixty rods west of the east line of said section nineteen; thence north, parallel to the east line of said section nineteen, to the center line of Vineyard avenue (or Vineyard avenue produced); thence east on said center line of Vineyard avenue to the east line of said section nineteen; thence north along said east line of section nineteen and along the east line of section eighteen, town four south, range eighteen west, to the east terminus of the east and west quarter-line of said section eighteen; thence west along the east and west quarter-line of section eighteen, town four south, range eighteen west, to a point one thousand three hundred and twenty feet west of the east line of said section eighteen; thence north one thousand three hundred and twenty

Boundaries of wards.

First ward.

Second ward.

Third ward.

Fourth ward.

feet; thence west to the center of the Paw Paw river; thence westerly and southerly along the center of the said Paw Paw river to a point fifty feet north of the north line of the Paw Paw river, also known as the ship canal; thence westerly parallel to and fifty feet north of the north bank of the said Paw Paw river, also known as the ship canal, to the center of the St. Joseph river; thence southerly along the center of the St. Joseph river, passing through the center of the draw pier of the highway bridge to the place of beginning.

SEC. 2. Said city of Benton Harbor shall be divided into four wards, said wards to be known and bounded as follows:

a. The first ward, which shall be bounded as follows: Commencing at the intersection of the center of Pipestone and Main streets in the city of Benton Harbor; thence southeasterly along said Pipestone street to the center of Michigan street; thence southwesterly along the center of Michigan street to the center of Colfax avenue; thence south along the center of Colfax avenue to the south city limits, being the south line of said section nineteen; thence west to the center of the St. Joseph river; thence northerly and westerly along the center of the St. Joseph river to the center of the Paw Paw river, also known as the ship canal; thence northeasterly along the center of the ship canal to the center of Bridge street; thence along the center of Bridge street to the center of Water Street; thence southerly along the center of Water street to the place of beginning.

b. The second ward, which shall be bounded as follows: Commencing at the intersection of the center of Michigan and Pipestone streets; thence southeasterly along the center of Pipestone street to the south city limits, being the south line of said section nineteen; thence westerly along the said south limits to the center of Colfax avenue; thence north along the center of Colfax avenue to the center of Michigan street; thence northeasterly along the center of Michigan street to the place of beginning.

c. The third ward, which shall be bounded as follows: Commencing at the intersection of the center of Main and Pipestone streets; thence east along the center of Main street to the center of Fourth street; thence south along the center of Fourth street to the center of Highland avenue; thence east along the center of Highland avenue to the center of Fair avenue, that being the east city limits; thence southerly along the center of Fair avenue, being the east line of said section nineteen, to the center of Vineyard avenue, or Vineyard avenue produced; thence west sixty rods; thence south, parallel with the east line of said section, to the south line of said section, that being the south city limits; thence westerly along said south city limits, to the center of Pipestone street; thence northwesterly along the center of Pipestone street to the place of beginning.

d. The fourth ward, which shall be bounded as follows: Commencing at the intersection of the center of Bridge street and the ship canal; thence west along the center of the ship