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of the same, as is provided for in this act for the ascertainment, assessment, collection and payment of damages sustained by the taking of real estate for purposes of public improvement.

relative to assessment.

SEC. 19. The jury appointed to appraise and assess the dam- Duties of jury ages incurred by the person whose building is destroyed in whole or in part, as provided for in the two preceding sections, shall take into account the probability of the same having been destroyed or injured by fire, if it had not been so pulled down and destroyed, and may report that no damages should equitably be allowed to such person. Whenever a report shall be made and finally confirmed, in the proceedings for appraising and assessing the damages, a compliance with the terms thereof by the city council, shall be deemed a full satisfaction of all damages of such person.


SEC. 20. Said board shall see that all ordinances and regu- Board to lations of the city council, and all provisions of this act relat- ordinances. ing to the fire department and to the prevention and extinguishment of fires, and all the provisions of the general laws of the State relating thereto, are faithfully enforced and it may, at all times, call upon and direct the police force to enforce the


mit estimates

SEC. 21. It shall be the duty of said board to prepare and Board to subsubmit to the city council for its ratification or amendment, on to council. or before the first day of May of each year, estimates of the whole expense of maintaining the police and fire departments of the city for the ensuing year, from the first day of May, in accordance with the provisions of this chapter. Such estimates shall be separate for the two departments, and shall specify in detail the objects of the expenditures, the sum desired for each, and any special reasons the board may have for desiring the same.

unless author


SEC. 22. Said board shall not incur any indebtedness, nor Not to incur enter into any contract requiring the payment of money, unless indebtedness such indebtedness or such contract is provided for in the said ized by coundetailed annual estimate provided for in the preceding section, unless especially authorized so to do by a majority of all the aldermen elect of the city council. Said board shall have power to allow compensation to members of the police and fire departments for lost time occasioned by injuries incurred while in the discharge of duties: Provided, That such compensa- Proviso. tion shall not exceed two-thirds of the regular pay of such disabled member and such compensation shall not continue beyond sixty days.

may com

SEC. 23. The city council may, upon the recommendation When council of said board, provide suitable compensation for any injury pensate inthat any fireman, hook-and-ladder-man and hose-man may re- jured firemen. ceive in his person or property, in consequence of his exertions at any fire.


SEC. 24. This chapter shall not take effect until the question Question of of establishing a board of police and fire commissioners shall board to be have been, at either a general or city election, or at a special election, called for that purpose, submitted to a vote of the

submitted to electors.

Repealing clause.

electors of said city and a majority of the vote cast upon such question at such election shall be in favor of establishing such a board. And it is hereby provided that the question of estab lishing such a commission may be submitted at any election which the city council of said city may by resolution determine.

SEC. 2. All acts or parts of acts inconsistent with this act or any part thereof, are hereby repealed.

This act is ordered to take immediate effect.
Approved May 27, 1903.

Sections amended.

Special assessments, how made.

Board of assessors, by whom appointed.

Council to declare assess


[No. 493.]

AN ACT to amend sections forty-seven and one hundred ten of act number two hundred nineteen of the Session Laws of eighteen hundred and seventy-three, entitled "An act to incorporate the city of Ionia," approved March twenty-first, eighteen hundred seventy-three, and all acts and parts of acts amendatory of said sections.

The People of the State of Michigan enact:

SECTION 1. Sections forty-seven and one hundred ten of act number two hundred nineteen of the Session Laws of eighteen hundred seventy-three, entitled "An act to incorporate the city of Ionia," approved March twenty-first, eighteen hundred seventy-three, and all acts and parts of acts amendatory thereof, are hereby amended so as to read as follows:

SEC. 47. Whenever under the provisions of this act the costs or expenses of any local or public improvement are to be de frayed in whole or in part by special assessment upon lands abutting upon, and adjacent to, or otherwise benefited by such improvements, such assessment shall be made as herein provided:

First, There shall be a board of assessors, to be appointed by the council, consisting of a city surveyor and two other members, who shall be electors in the city. Their compensation shall be prescribed by the council. Special assessments authorized by this act shall be made by such board. If a member of the board shall be interested in any special assessment directed by the council, they shall appoint some other person to act in his stead in making the assessment, who for the purpose of that assessment, shall be a member of the board;

Second, When the council shall determine to make any pubment by reso- lic improvement or repairs, the cost and expense of which are to be paid by special assessment, they shall so declare by resolu tion, stating the improvement and what part or proportion of the expense thereof shall be paid by such special assessment, and what part, if any, must be paid from the general fund of

the city; and shall designate the district or land and premises upon which the special assessment shall be levied;

estimates to

Third, Before ordering any public improvements or repairs When to cause any part of the cost and expense of which is to be defrayed by be made. special assessment, the council shall cause estimates of the expense thereof to be procured, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof, and of the public improvement or work and of the districts to be assessed, by publication thereof at least two consecutive weeks in two of the newspapers of the city, and of the time when the council will meet and consider any objections thereto: Provided, however, Proviso. That the aggregate of such special assessment shall not exceed one-half of one per cent of the equalized valuation of the property to be assessed;


Fourth, The cost or expense of any improvement which is Costs, what to to be defrayed out of the general fund of said city shall include the cost for surveys, plans and estimates for the same;


Fifth, When any special assessment is made pro rata upon when special the lots and premises in any special district, according to front- made by asage or benefits, the council shall, by resolution, direct the same sessors. to be made by assessors, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lot and premises or locality constituting the district to be assessed;

out roll.

Sixth. Upon receiving such order and direction, the board of Board to make assessors shall make out an assessment roll, entering and describing therein all the lots, premises and parcels of land to be assessed and the valuation thereof, with the names of the persons, if known, chargeable with the assessment thereon, and shall levy thereon and against such persons the amount to be assessed in the matter directed by the common council and the provisions of this act applicable to the assessment, and when such assessment is completed they shall report the same to the council;


Seventh, If the assessment is required to be according to How to make frontage, they shall assess to each lot or parcel of land such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed, unless, on account of the shape or size of any lot, an assessment for a different number of feet would be more equitable. 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 benefit resulting to such lot from the improvement;

how reported to council.

Eighth, When any expense shall be incurred by the city Assessments, upon or in respect to any single or separate lot, parcel of land or premises which, by the provisions of this act, the council is authorized to charge and collect as special assessment against the same, and not being of that class of special assessments re

When reported to board for assessment.

When board

to make special as

Notice of assessment to

quired to be made pro rata upon several lots or parcels of land in the assessment district, an account of the labor or services for which such expense was incurred, verified by the officer or person performing the labor or service, together with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person made chargeable therewith, shall be reported to the common council in such manner as the council may prescribe;

Ninth, The council shall determine what amount or part of every such expense shall be charged, and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and as often as the council shall deem it expedient, they shall require all of the several amounts so reported and determined, and the several lots or premises, and the persons chargeable therewith respectively, to be reported by the city clerk to the board of assessors for assessment;

Tenth, Upon receiving the report mentioned in the preceding section the board of assessors shall make a special assesssessment roll. ment roll, and levy as a special assessment thereon, upon each lot or parcel of land so reported to them, and against the persons chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises respectively, and when completed they shall report the assessment to the council; Eleventh, When any special assessment shall be reported be published. by the board of assessors to the council, as in this chapter directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the council shall cause notice to be published for at least two consecutive weeks, in some newspaper of the city, of the filing of the same with the city clerk and appointing a time when the board of assessors and council will meet to review the assessment. Any person objecting to the assessment may file his objection thereto in writing with the city clerk;


Twelfth, At the time appointed for that purpose, as aforehow reviewed. said, the council and board of assessors shall meet, and there, or at some adjourned meeting, review the assessment; and the council shall correct the same if necessary and confirm it as reported or as corrected, or they may refer the assessment back to the board for revision, or annul it and direct a new assessment, in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed, the city clerk shall endorse a certificate thereof upon the roll, showing the date of confirmation;

Confirmation to be final.

To constitute lien.

Thirteenth, When any special assessment shall be confirmed by the council it shall be final and conclusive; but no such assessment shall be confirmed except by the concurrence of twothirds of all the aldermen elect;

Fourteenth, All special assessments shall be from the date of the confirmation thereof, constitute a lien upon the respective lots or parcels assessed, and shall be a charge against the person to whom assessed until paid;

Fifteenth, All special assessments shall be due and payable When due. upon confirmation, when due;

may cause

Sixteenth, Whenever any special assessment shall, in the When council opinion of the council, be invalid by reason of irregularity or new assessinformality in the proceedings, or if any court of competent ment. jurisdiction shall adjudge such assessment to be illegal, the council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment, and whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises, and the reassessment shall to that extent be deemed satisfied;

not to destroy

Seventeenth, No judgment or decree, nor any act of the Judgments council vacating a special assessment, shall destroy or impair lien. the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same, or as by a regular mode of proceedings might have been lawfully assessed thereon;

visor to levy.

Eighteenth, Whenever any special assessment shall be con- Assessments to be reported firmed and be payable, the council may direct the city clerk to to supervisors. report to the supervisor of each ward in which any of the lots and premises assessed in the special assessment roll are located a description of such lots and premises as contained in said roll, with the amount of the assessment levied upon each, and the name of the owner or occupant against whom the assessment was made, and requiring said supervisor to levy the several sums so assessed as a tax upon the several lots and premises to which they were assessed respectively. Upon re- When superceiving said report the supervisor shall levy the sum therein mentioned upon the respective lots and premises to which they are specially assessed. and against the persons chargeable therewith, as a tax, in the ward tax roll next thereafter, to be made in a column for special assessments, and thereupon the amounts so levied in said ward tax roll shall be collected and enforced with the other taxes in the ward tax roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid; and when collected shall be paid into the city treasury;

ed directly

Nineteenth, When any special assessment shall be confirmed When collectand be payable as hereinbefore provided, the council, instead from roll. of requiring the assessment to be reported to the supervisor of the ward, as provided in the preceding section, may direct the assessment so made in the special assessment roll to be collected directly therefrom; and thereupon the city clerk shall attach his warrant to a certified copy of said special assessment roll, therein commanding the city collector to collect from each of the persons assessed in said roll the amount of

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