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canal to the west city limits; thence northerly and westerly, fifty feet north of the ship canal and along the center of the Paw Paw river, that being the westerly and northerly city limits, to the north city limits in section eighteen, town four south, range eighteen west; thence following the north and east city limits to the center of Highland avenue; thence westerly along the center of Highland avenue to the center of Fourth street; thence northerly along the center of Fourth street to the center of Main street; thence westerly along the center of Main street to the center of Water street; thence northerly along the center of Water street to the center of Bridge street; thence westerly along the center of Bridge street to the place of beginning.
SEC. 3. The council of said city of Benton Harbor shall have Powers and the authority to require and cause all docks, wharves and council. landings, whether upon public grounds or upon the property of private persons, to be constructed of such material and in such manner and maintained in conformity with such grades as may be established therefor by the council, and may prescribe the line beyond which any such wharf, dock or landing shall not be constructed or maintained; the council may by resolution require the owner or owners of any property abutting upon any navigable water in said city to build, construct and repair such docks, wharves and landings in said city as said council may designate, and in conformity with the provisions established therefor by the council; and should any such owner or owners neglect or refuse to build, construct or repair such docks. wharves or landings within the time and in the manner specified by the council, then the council may cause the same to be done, and may cause the expense thereof, together with all expenses for engineering, preparing plans and all other costs and expenses in relation thereto, to be paid by special assessment upon the property adjacent to or benefited by such improvement, in the manner in act number two hundred and fifteen of the Public Acts of Michigan for the year A. D. one thousand eight hundred and ninety-five, entitled "An act to provide for the incorporation of cities of the fourth class," provided for levying and collecting special assessments; or in the discretion of the council, a proportion of such costs and expenses may be paid by special assessments as aforesaid and the balance thereof from the general street fund.
SEC. 4. The cost and expense of any improvement in said Special city which may be defrayed by special assessment, shall include the cost of all surveys, plans, assessments and costs of construction. In no case shall the whole amount to be levied by special assessment upon any lot or premises for any one improvement, exceed twenty-five per cent of the value of such lot or premises as last valued and assessed by the board of review in said city; any cost exceeding that per cent which would otherwise be chargeable upon said lot or premises shall be paid from the general funds of the city: Provided, If any Proviso. lot or premises included in such special assessment district
General tax not to exceed
was not separately assessed and valued by such board of review, then the board of assessors, subject to the approval of the council, may make such assessment and valuation at the time of making the special assessment, which, when confirmed by the council, shall be final.
SEC. 5. The aggregate amount which the council may raise one per cent. by general taxes upon the taxable real and personal property in said city for the purpose of defraying the general taxes and liabilities of the corporation and for all purposes for which the several general funds mentioned in section three of chapter thirty of said act number two hundred and fifteen of the Public Acts of Michigan for the year eighteen hundred and ninetyfive, are constituted (exclusive of taxes for school and school house purposes), shall not, except as herein otherwise provided, Amount may exceed in any one year one per cent; and if a street district fund is raised in any street district as provided in the first subdivision of section four and in section six of said chapter thirty, then the amount so raised in any street district for a street district fund, shall not, together with the amount raised in such district for the several general funds above mentioned and as above provided, exceed in any one year one per cent of the assessed value of the taxable property, real and personal in the street district.
in street districts.
Special assessments not
SEC. 6. In addition to the above amounts, the council may to exceed five raise in any year by special assessments in any sewer district, and in any special assessment district for the purpose of grading, paving, curbing, graveling and otherwise improving any street, and for constructing sewers and drains, and making other local improvements, chargeable upon the lands and property in the district according to frontage, or benefits, and for any other purposes for which the main sewer funds and special assessment funds are constituted, such sums as they shall deem necessary but not exceeding in any year, for any one of such improvements, five per cent of the value of said lands and property as last valued and assessed by the board of review.
Annual appropriation bill, what to contain, etc.
SEC. 7. The council also in the month of September, or in the month of May, where the council has decided to have the taxes levied and paid in two installments as authorized in section two of said chapter thirty, shall pass an ordinance to be termed the "Annual Appropriation Bill," in which they shall make provision for and appropriate the several amounts required to defray the expenditures and liabilities 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 ten of said chapter thirty, and shall order the same or so much of such amounts as may be necessary to be raised by tax with the next general tax levy, or with the city or July tax levy, where the council has decided to have the taxes levied and collected in two installments, and to be paid into the several general funds and street district funds of said city; but the whole amount so ordered to be raised by tax shall not, except as herein otherwise provided, exceed the amount which the city is authorized by sec
tion five of this act and section nine of said chapter thirty, to raise by general tax during the year. The council shall specify in such ordinance the objects and purposes for which such appropriations are made and the amount appropriated for each purpose and object, 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 they require to be levied or reassessed as mentioned in section eleven of said chapter thirty, and the disposition to be made of such moneys; and shall designate in said bill any local improvements which they may deem advisable to make during the current or next fiscal year, to be paid for in whole or in part by special assessments, and the estimated cost thereof.
funds, part by
report estischool funds.
SEC. 8. Instead of levying a tax for the whole amount May raise authorized by this act to be raised in that manner for any year tax and part for the purpose of the general and street district funds, the by loan. council may in its discretion raise a part thereof by tax and a part thereof by loan: Provided, That the proposition to raise Proviso. a part thereof by loan shall be authorized by two-thirds of the electors at an annual or special election called for that purpose. SEC. 9. The board of education shall make and deliver to the city council annually in the month of September an estimate and report of the amounts necessary to be raised, in addition to other school funds, for the entire support of the public schools, including pay of teachers, indebtedness falling due, and for the purchase of grounds and the construction of school buildings and support of the library, and for all purposes of expenditure, which the board is authorized or required to make during the ensuing year, specifying the different objects of expense as particularly as may be; which sums so reported, the council shall cause to be raised by tax upon all the taxable property of the city with the state, county and delinquent city taxes thereafter to be raised: Provided, That the amount Proviso. so to be raised in any one year for all purposes above mentioned shall not exceed one-half of one per cent of the taxable valuation of the real and personal property in said city as last valued and assessed by the board of review.
tion to be
SEC. 10. For the payment of current expenses the board of When may education may borrow from time to time in anticipation of the collection of taxes levied or herein authorized to be levied, during the same year for school purposes, such sum not exceeding twenty-five per cent of the tax, to be paid therefrom as they may deem expedient. Should any greater sum be required When quesin any year for any of the purposes herein provided than can submitted to be raised under the provisions of the foregoing section, such electors. sum, not exceeding two per cent of the assessed valuation of the property in the city as last valued and assessed by the board of review, may be raised by tax or loan if authorized by a majority vote of the qualified electors of the district present and voting thereon at any general meeting or at any special meeting appointed and called by the board for the purpose of
voting thereon. The electors voting on such proposition shall have the qualifications prescribed under the general school laws of this state for electors voting on proposition involving the raising of money by tax. Notice of the time, place and object of any such meeting shall be given by publishing such notice in one of the newspapers in the city, and by posting copies thereof in ten public places in the city, at least ten days before the meeting; for any sum borrowed and for the renewing of former loans, the board may issue bonds of the public schools of the city, for the payment of which the faith of the district shall be pledged.
SEC. 11. Except as herein provided the said city of Benton to certain act. Harbor shall be subject to the provisions of act number two hundred fifteen of the Public Acts of the State of Michigan for the year one thousand eight hundred and ninety-five, entitled "An act to provide for the incorporation of cities of the fourth class."
Office to continue.
etc., to re
SEC. 12. All officers of the city of Benton Harbor and of the first, second, third and fourth wards of said city as now constituted, shall continue in their respective offices for the terms for which they were chosen, and represent the city of Benton Harbor, and the first, second, third and fourth wards respectively, as designated in this act.
SEC. 13. The by-laws and ordinances of the city of Benton main in force. Harbor, and the rules and regulations of the council and of the board of health and any other board or boards of said city of Benton Harbor, now in force, and not inconsistent with this act, shall remain in force after the passage of this act, and are hereby declared to be reenacted by virtue of and under the powers conferred by this act, until altered, amended or repealed by the council or such board, as the case may be. This act is ordered to take immediate effect. Approved May 19, 1903.
AN ACT to provide a method for the better construction and care of highways in Berrien county.
The People of the State of Michigan enact:
SECTION 1. Whenever any considerable number of the taxpayers of a township seem to be agreed that it will be for the best interests of the township' to provide for the substantial betterment of the roads of the township, and that the raising of moneys sufficient to accomplish that result is necessary for the public good, not less than twenty-five of the taxpayers of the township may join in a request to the township board that the question of raising moneys by tax for the construction and
care of good roads shall be submitted to the taxpayers of the township at the then next succeeding township meeting, and that the rate of said tax be determined by such meeting to be per cent on the assessed valuation of the property of the township; but the rate of the tax asked to be raised, shall not be less than one-half of one per cent, nor more than five per cent on the total assessed valuation of the township.
SEC. 2. On receipt by the township board, of the request Notice of mentioned in the preceding section, the said board shall give given. public notice, not less than thirty days prior to the then next succeeding township meeting, that at the said township meeting the taxpayers of the township will be called upon to vote upon the question of raising a money tax on the taxable property in the township, of.. per cent on the assessed value of the township, (which rate shall be the same as that specified in the request for the submission of the question to the taxpayers of the township), such money tax so to be raised, to be expended by the highway commissioner under the direc tion of the township board, and not otherwise. Said notice shall be published in at least three issues of one or more weekly papers generally circulating in the township, and by posting in at least five public places in said township; and proof of said publication and posting shall be placed of record in the proceedings of the township board.
SEC. 3. The voting on the question stated in section two of Election, how this act, shall be by ballot, and it shall be the duty of the township board to provide printed ballots for the purpose, and a separate ballot box in which the ballots shall be deposited when received from the voters. The result of the vote on the question of raising a money tax, as heretofore described, shall be canvassed, counted, declared and recorded in the doings of the township meeting as other votes are canvassed, counted, declared and recorded.
SEC. 4. If it shall be found that the voters have determined, When tax to by a majority vote, that a money tax, on the taxable property of the township, shall be raised for the construction and care of the highways of said township, and that the rate per cent of such tax is the same as that which was asked to be voted on, it shall be the duty of the supervisor of the township to place the same on his roll, and to make the levy therefor in all respects in accord with the general tax laws of the state.
SEC. 5. It shall be the duty of the township board to deter- Moneys, how mine where the moneys raised under the provisions of this act shall be expended, the amount to be expended on any one road, and the part of the road to be improved, and shall deliver to the highway commissioner, in writing, definite instructions as to the construction and care of the several highways upon which it is intended to expend the funds of the township which have been raised for the purposes set forth in this act.
way tax not to
SEC. 6. In any township availing itself of the provisions When highof this act, there shall be no other revenues credited to the be levied. highway fund save as herein set forth; the highway labor tax