CHAPTER IX. ELECTRIC LIGHT COMMITTEE. etc. SEC. 96. The mayor shall annually appoint at the second Appointment, meeting of the council in April or as soon thereafter as may be convenient, four of the aldermen of said city, who, together with the mayor, shall constitute the electric light committee. They shall appoint a secretary and cause to be kept, a record of their proceedings; said committee shall receive no compensation for services as members of such committee. scribe powers, etc. SEC. 97. The common council of said city shall, by ordi- Council to prenance, prescribe the powers and duties to be exercised by said committee, and by ordinance or otherwise place under the care and direction of said committee, the care, control and management of the electric light plants belonging to Bay City, under such rules and regulations as the council shall see fit to adopt. Any person holding any stock or shares, or being a partner, or directly interested in any electric light company, shall be disqualified from becoming a member of said committeee, and from continuing to act as such. CHAPTER X. THE BOARD OF ASSESSORS. tuted, term of office, etc. SEC. 99. Two persons, being electors of Bay City, together How constiwith the comptroller, shall constitute a board to be known and called the board of assessors of Bay City. The council. at its second meeting in April, nineteen hundred five, or as soon thereafter as may be convenient, shall appoint two electors, who, together with the comptroller, shall constitute the board of assessors of Bay City. The persons so appointed, shall be appointed and hold their offices respectively, for the term of two and four years from the second Monday in August, nineteen hundred five, and until their respective successors shall have been appointed, and shall have qualified; and biannually thereafter, at the second meeting in April, or as soon thereafter as may be convenient, a member of said board with the like qualifications, shall be appointed by the council, who shall hold his office for the term of four years from the second Monday in August of the year of his appointment, and until his successor shall have been appointed and shall have qualified. Vacancies in said board shall be filled in the same manner as appointments are made, as herein provided. SEC. 100. The comptroller shall be the president of said who to be board, and two members thereof shall constitute a quorum. president. The members of said board shall receive such compensation compensaas the common council may determine: Provided, however, That the comptroller shall not be entitled to any compensa- Proviso. tion for services performed as a member of said board other tion. To be members of board Duties. than his compensation as comptroller, as fixed under the provisions of this act. SEC. 101. The members of the board of assessors shall be of supervisors. members of the board of supervisors of Bay county, shall possess all the powers, discharge all the duties and be subject to all liabilities in, for and to the city, that are conferred and imposed upon supervisors of townships by the provisions of the general laws of this State; also by the provisions of the general laws in relation to the assessment and taxation of persons and property, so far as the same may be applicable, and except as herein otherwise provided. The board of assessors shall, in each year, in the manner provided in the general tax laws of this State, assess, at its true cash value, all the real and personal property subject to taxation within the limits of said city, and said board shall, before the time fixed for the first meeting of the board of review in each year, make out and complete the assessment roll, which shall be divided into separate books, one for each ward, to be provided for that purpose by the comptroller. If any lot, lots or other parcel of land shall lie partly in two or more wards, the same shall be assessed in the ward where the greater portion thereof shall be situated. How constituted, term of office, etc. Members not ive office. CHAPTER XI. THE BOARD OF PUBLIC WORKS. SEC. 102. Two persons, being electors of Bay City, together with the mayor, the city engineer, and city comptroller, shall constitute a board to be known and called the board of public works of Bay City. The council at its first meeting in nineteen hundred five, or as soon thereafter as convenient shall appoint two electors, who shall be appointed and hold their offices respectively, for the term of one and two years from the second Monday in April, nineteen hundred five, and until their respective successors shall have been appointed and shall have qualified, and annually thereafter, at its first meeting in April, or as soon thereafter as may be convenient, a member of said board, with the like qualifications, shall be appointed by the council, who shall hold his office for the term of two years from the second Monday in April of the year of his appointment, and until his successor shall have been appointed and shall have qualified. Vacancies in said board shall be filled in the same manner as appointments are made, as herein provided. SEC. 103. No member of said board, other than the mayor to hold elect and comptroller, during his term of office, shall hold any elective office under the charter of said city, nor shall any member be personally interested, directly or indirectly, in any contract for any public improvement in said city, nor in the purchase, disposition or sale of any material to be used or applied in or about any public works or improvement under the control or supervision of said board. SEC. 104. The appointive members of the board of public Compensaworks shall be paid for the time actually employed in the dis- tion. charge of their duties, a sum to be fixed by the council, not exceeding three dollars per day: Provided, That no member Proviso. of said board shall receive over one hundred and fifty dollars per annum for his services, not inclusive of his services as a member of the board of review. Each of said appointive mem- To give bonds. bers shall, before entering upon the duties of his office, execute a bond to the city conditioned for the faithful performance of his duties, which bond shall be given in the penal sum of one thousand dollars, shall be executed by one or more sufficient sureties, to be approved by the mayor. The comptroller may call meetings of said board whenever he may deem it necessary, and shall be secretary of said board. duties. SEC. 105. The board of public works shall have the exclusive Powers and and entire charge and management of the construction of all main and lateral sewers, of the construction of sidewalks, of the planking, paving, macadamizing, or covering with pounded or broken stone, or any other material, of any street, alley or other public place, the expense of which, by this act, is made a charge upon the property especially benefited thereby. They shall have exclusive charge and management of all public buildings, and of the construction and erection thereof; and no contract for the construction of any such public buildings shall be let by the council, without the recommendation of said board. The said board shall have the power to employ any person or persons to inspect or supervise the construction of all local improvements, public works and public buildings, and to fix the compensation of the person or persons so employed, and the compensation so fixed and the amount due such person or persons shall be reported to the common council by said board and shall by said council be allowed and a warrant on the treasurer of said city shall be issued for such amount and paid. SEC. 106. The board of public works shall perform such Contracts to other duties as the council may direct; but said board shall be authorized. not enter into any contract for making any public improvements unless authorized by the common council. SEC. 107. The majority of said board shall constitute a Quorum. quorum for the transaction of business. contain. SEC. 108. All contracts for local improvements, public works Contracts, and public buildings, shall be made by said board, and shall how signed. be in the corporate name of the city, and shall be signed by the mayor and countersigned by the comptroller. All such What to contracts shall contain a covenant to pay all laborers employed thereon, and also for all materials used thereon, and the performance of such covenant shall be guaranteed by two or more sureties signing the contract, whose sufficiency shall be approved by the board of public works, but who shall not be liable beyond the amount of the price specified in the contract: Provided, The city shall not be liable for the sufficiency of the Proviso. contractors or sureties. Laborers who may do work stipulated for in any such contract, and material men, who may have fur Powers relative to work nished any materials therefor, may recover in an action in the name of the city, not exceeding the amount of the contract price (in which no costs shall be adjudged against the city.) Such suit may be brought in any court of competent jurisdiction. No action shall be brought for the benefit of laborers or material men on such contract, unless commenced within one year from the completion of said work. SEC. 109. Said board shall reserve the exclusive right and on contracts. power, in all contracts for local improvements and public works and buildings, to determine finally all questions as to the proper performance of such contracts, and as to the completion of the work specified therein; also as to the meaning and interpretation of the terms and conditions thereof, and in case of dilatory, improper or imperfect performance thereof, to suspend the work at any time, to order the partial or entire reconstruction of the same if imperfectly done, or to relet the work covered by such contract, or any unfinished portion thereof, whenever, from unreasonable delay in performing the work, or other just cause, of which said board shall be exclusive judge, it shall deem said contract forfeited. And exclusive power is given said board to determine finally all such questions arising under any such contract heretofore or hereafter entered into, according to the true intent and meaning thereof. SEC. 110. No claims shall be allowed or paid by the common council for labor or materials performed or furnished under any such contract for local improvements and public works or buildings, unless the payment thereof shall have been recommended by the board of public works. Said board shall have the exclusive power to determine the amounts due for the performance of such work, or the furnishing of such material, or for the performance of any such contract or part thereof; and no payment shall be made therefor unless recommended to the council by said board. To recommend payments on contracts. Procedure in case of dis putes on contracts. SEC. 111. In case of a dispute between the parties in and to such contract for local improvements or public works or buildings, the party or parties claiming under such contract shall have a hearing before said board; and the board shall cause notice of such hearing to be served upon all parties in and to such contract at least three days before the time fixed in such notice therefor. Such notice shall be personally served if such parties are residents of or can be found in the city of Bay City; but where such parties are non-residents of this city, service may be made by notice personally served, or by publication thereof in the official newspaper of said city for at least three days prior to the time fixed for such hearing, as said board may determine. At the time so fixed the board shall proceed summarily to hear and determine all questions, differences, grievances and claims of the several parties to such contracts, who shall be given an opportunity to be heard; and after such hearing the board shall make its decision and determination as to such grievances, differences and claims of the respective parties, and fix and determine finally the rights of the respective parties therein. Such decision shall be final. CHAPTER XII. LOCAL IMPROVEMENTS AND ASSESSMENTS. establish sewers, etc. SEC. 112. The council of said city shall have the power to Council to establish, construct and maintain sewers and drains whenever and wherever necessary, and of such dimensions and materials, and under such regulations as they may deem proper for the drainage of the city, and may regulate and maintain those already constructed. how assessed. proviso. SEC. 113. The expense of paving, macadamizing, planking Expenses, or covering with broken or pounded stone, including the grading preparatory thereto of any street or alley, the expense of constructing any main or lateral sewer, and the expense of constructing any sidewalk shall be assessed upon the lots and premises specially benefited thereby, according to the benefits derived therefrom: Provided, That if such expense shall Proviso. amount to a larger sum than would be properly chargeable upon such lots or premises according to the benefits actually derived, then the excess of such costs over the benefits to accrue to such lots and premises, according to the assessment of the comptroller, shall be chargeable to the city at large and paid out of the general fund: Provided, further, That if the excess cost Further of any such improvement over the amount properly assessable upon such lots and premises, shall exceed thirty per cent of the total cost of the improvement of such lot or premises, that fact shall be certified by the comptroller to the council, and thereupon all further proceedings in the making of such improvements shall be suspended until such time as the benefits to accrue on the lots and premises to be assessed therefor shall, in the judgment of the comptroller, equal at least seventy per cent of the entire cost of such improvements: Provided, further, Proviso as to That the cost of grading, paving, planking, macadamizing or covering with broken or pounded stone, at the intersection of any cross streets or alley crossings, shall be paid out of the highway funds of the ward in which said work is located: Pro- Further vided, further, That whenever any street railway company shall be required, by ordinance or resolution of the common council, to pay the cost and expense of grading, draining, paving, macadamizing or planking its right of way, the board of public works shall estimate the cost thereof and submit the same to the council for its approval; after such approval and after letting the contract for such work, the comptroller shall set down and assess in the local tax roll for the paving, planking or macadamizing of the street on which is such right of way so required to be paved, planked or macadamized, the amount including contract price, cost of superintending and advertis ing made chargeable against such street railroad company for such work. The amount so assessed against such street rail- Assessment road company shall be, after the review of such local tax roll, a lien on the right of way, the rails, road, cars and property of such street railway company; and such tax and assessments crossings. proviso. to be lien. |