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AN ACT to amend section six of chapter five, and all of chapter twenty-six, of act number four hundred forty-two, of the Local Acts of eighteen hundred ninety-seven, entitled "An act to revise the charter of West Bay City and to repeal all acts or parts of acts inconsistent therewith." approved May twenty-six, eighteen hundred ninety-seven, as amended by act number three hundred fifty-three of the Local Acts of eighteen hundred ninety-nine, approved April twelfth, eighteen hundred ninety-nine.
The People of the State of Michigan enact:
SECTION 1. Section six of chapter five, and all of chapter Sections twenty-six, of act number four hundred forty-two of the Local Acts of eighteen hundred ninety-seven, entitled "An act to revise the charter of West Bay City and to repeal all acts or parts of acts inconsistent therewith," approved May twentysixth, eighteen hundred ninety-seven, as amended by act number three hundred fifty-three of the Local Acts of eighteen hundred ninety-nine. approved April twelfth, eighteen hundred ninety-nine, are hereby amended so as to read as follows:
SEC. 6. The mayor, city treasurer, comptroller, city clerk, Term of cerand all the supervisors shall each hold their offices for a term of two years from the second Monday in April of the year when. elected, and until their successors are elected and duly qualified, and enter upon the duties of their respective office. Constables shall hold their office for a period of one year, from and after the second Monday in April, of the year when elected, and until their successors are elected and qualified and enter upon the duties of their office.
SECTION 1. The city council of said city are hereby author- Council may ized and empowered, to purchase, sell, convey or construct water works. new, and to maintain, repair and extend existing water-works, for the introduction of pure water into the city, supplying the city and vicinity and the inhabitants thereof with such water, for use in extinguishing fires and for such other ordinary and extraordinary purposes as the council may prescribe or the public good may require.
SEC. 2. The council may acquire, purchase, erect and main- May maintain tain, either within or without the city, such reservoirs, canals, etc. aqueducts, sluices, buildings, engines, water-wheels, pumps, hydraulic machines, distributing pipes and other apparatus, appurtenances and machinery, and may acquire, purchase, appropriate and own such real estate, rights and privileges,
Amount may borrow for.
Council to fix time of payment.
Question to be submitted to electors.
Expense of connecting pipes, by
either within or without the city, as may be necessary in the opinion of the council for the securing, construction, extensions or maintenance of such water-works.
SEC. 3. It shall be lawful for the city to borrow any sum of money not exceeding three per cent of the assessed value of the property in the city as shown by the last preceding tax roll, to be used exclusively for the purpose of purchasing. constructing or extending water-works, as provided in the two preceding sections. The council shall have the power to fix the time and place of the payment of the principal and interest of the debt contracted under the provisions of this chapter, and to issue bonds of the city therefor, but the rate of such interest shall not exceed five per cent per annum and such bonds shall not be sold for less than their par value: vided, That the total amount expended for constructing, purchasing or extending such water-works shall not exceed the amount of the estimate of expense provided for in section four of this chapter.
SEC. 4. Before any money shall be borrowed, appropriated, raised or expended for the purchase, construction or extension of water-works, either within or without the city, the council shall cause to be made an estimate of the expense thereof and the question of raising the amount required for such purposes shall be submitted to the electors of the city at its next annual election or at a special election called for that purpose by the council as provided in this act and shall be determined as a majority of the electors voting, at such election, by ballot, shall decide: Provided however, That after water-works have been purchased or constructed by the city, the council may then raise and expend, in making repairs or alterations, or in extending such water-works, such sum as in the opinion of the council shall be necessary, without submitting the question to the electors of the city but the sum to be raised for such purpose shall be included in and shall not increase the total amount which the council may raise for such water-works, which altogether shall not exceed one per cent upon the assessed valuation of the property in the city as shown by the last preceding assessment roll.
SEC. 5. The connecting or supplying pipes leading from buildings or lots to the distributing pipes, shall be inserted and kept in repair, at the expense of the owner or occupant of the building or lot or premises, and shall not be inserted or connected with the main pipe until a permit thereof shall be obtained from the council. All such connecting or supply pipes shall be constructed and connected in the manner prescribed by the council.
SEC. 6. The council may enact such ordinances and adopt have control such resolutions as may be necessary for the care, protection, preservation and control of the water-works, and all the fixtures, appurtenances, apparatus, buildings and machinery connected therewith or belonging thereto, and to carry into effect the provisions of this chapter and the powers herein conferred
in respect to the construction, management and control of such water-works.
SEC. 7. Whenever the water-works system, or any part To have conthereof, shall be constructed or operated outside of the corpo- city. rate limits of the city, the council shall have authority to enforce beyond the corporate limits of the city, and within the county of Bay, and over any and all buildings, machinery or other property belonging to or connected with such waterworks, in the same manner and to the same extent as if they, or it, were within the city, all such ordinances, rules and police regulations as may be necessary for the care, protection, preservation, management and control thereof.
SEC. 8. For the purpose of operating, constructing and City may lay maintaining or extending such water-works, the city shall have streets, etc. the right to lay conduit pipes, aqueducts or other necessary works, over or under any water course, or under and along any street, alley, lane, turnpike road, railroad or other public highway, but not in such a manner as to obstruct the same or impede or prevent travel thereon; and the city authorities may at all times enter upon and dig up such street, alley, road or other public highway or lay pipes therein, or to construct works beneath or above the surface thereof, but they shall at all times cause the surface of such streets, alleys, roads or other public highways to be relaid and restore to its usual state, and such right shall be continuous for the purposes of repairing and relaying water pipes or for other work in connection with such water-works, and the electric light works if run in connection with the water-works system, upon like conditions.
SEC. 9. Whenever it shall be necessary, in the judgment of How may acquire propthe city council, to appropriate private property, either within erty outside or without the corporate limits of the city, for the construc- city. tion, extension, maintenance or operation of the water-works system, it may proceed to acquire the same, either by purchase, or in the manner provided in this act, or in the general laws of the State, for taking private property for public use.
SEC. 10. The council may contract from year to year, or Council may for a period of time not exceeding ten years, with any person, water supply. persons, or corporation for the supplying of the city and the inhabitants thereof with water, upon such terms and conditions, as may be agreed, and may grant to such person, persons or corporation, the right to the use of the streets, alleys, roads, public highways or other public grounds as shall be necessary to enable such person, persons or corporation to construct and operate proper works for the supply of water for the use of the city and the inhabitants thereof upon such terms and conditions as shall be specified in such contract. SEC. 11. The city council shall annually, between the first Council to day of May and the first day of June, cause to be prepared a complete assessment roll of the rates to be paid by the owners or occupants of each house, building or premises, having or using water, upon such basis as it shall deem equitable and just, and shall file the same with the city treasurer for
assess water rates.
To become lien on property.
Council may provide for
Council to appoint superintendent,
When council to let contract for improvements.
collection; all water rates shall be due and payable three months in advance, payable the first days of January, April, July and October of each year, as per the above assessment, and prior to the time such rate shall become due and payable, the city clerk shall issue or cause to be issued to every owner or occupant of any house, building or premises having or using water, a notice that the rate has been fixed at a certain price, naming it, when the same will become due, and that the water will be shut off unless such rates are paid on or before the fifteenth day of January, April, July or October, as the case may be, following such notice. All water rates or assessments when fixed and determined as herein provided, shall at once become a lien upon the house, building or structure and upon the lot or premises whereon the same may be situated and any and all unpaid water rates shall be certified by the city clerk to the city comptroller, who shall extend the same in a separate column on the city tax roll to be extended in the same manner as are taxes for special improvements: Provided, That before such rates are certified by the clerk to the comptroller the city clerk shall mail a notice to the owner of such delinquent water rate property, stating the amount due and demanding payment of same. The city council may provide for a system of water meters and determine the rates to be paid in such cases, and when meters shall be provided for, then the assessment of rates herein provided for shall not be applicable to any house, building or premises using such meter; the rates or assessments for metered water shall be determined annually and shall become a lien in the same manner and to the same extent as herein provided for water used without meter. The council shall have the right to provide, by ordinance, for additional rules and regulations as to the collection of water rates, metered or otherwise, by suit at law, by assessing the same upon the premises or otherwise, as deemed advisable by the council.
SEC. 12. The city council may appoint a superintendent of the water department and as many and such assistants as in its judgment may be necessary for the efficient management of the water-works; one chief engineer and as many assistants as may be necessary, and such other officers, agents, and employes as may be necessary for the proper and efficient management of the water-works system, all of whom shall hold their respective positions during good behavior and whose salaries shall be fixed and determined by the said council. All such officers now in office shall remain in such office during the term for which they were elected or appointed.
SEC. 13. Whenever the expense of constructing, extending or repairing such water-works, or the electric light works, or any other public utilities, or public improvements, or public works shall not exceed the sum of three hundred dollars, the work may be done by the council in such manner as they may deem proper; but whenever such expense shall exceed the sum of three hundred dollars, the council shall advertise for sealed proposals and shall give such notice as it may direct, and
shall let the contract to the lowest responsible bidder who shall be deemed competent to do the work and give adequate security for the performance thereof, which contract and security shall be approved by the council. The council shall have the right to reject any and all bids, and to re-advertise, or they may, if they shall determine by a vote of a majority of all the alder men elect, that the bid of the lowest responsible bidder is unreasonably high, direct and cause such improvement to be made and shall purchase necessary materials and cause to be done everything necessary in making and completing such improvement.
SEC. 14. If any person shall wilfully do or cause to be done Penalty for any act whereby any work, materials or property whatsoever, of water, etc. erected or used in the city or belonging to the city, for the purpose of procuring or keeping the supply of water, shall in any manner be injured, or if any person shall wilfully pollute the water supply of the city, or if any person shall perforate or bore or cause to be perforated or bored, without the consent of the council, any distributing pipe, or main, lateral or log beglonging to the water works of the city, or make or cause to be made any connection or communication whatever with said pipes, or break or in any way injure the same, such person or persons shall be deemed guilty of a misdemeanor and upon conviction thereof before a court of competent jurisdiction, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the Bay county jail not exceeding three months, or by both such fine or imprisonment in the discretion of the court.
This act is, ordered to take immediate effect.
AN ACT to authorize the construction and maintenance of so much of a dam as may be within the limits of the State of Michigan, to be located on certain lands in the county of Dickinson and State of Michigan, and extending thereon and therefrom, in and across the Menominee river, to and upon certain lands in the county of Marinette and State of Wisconsin.
whom dam to
The People of the State of Michigan enact: SECTION 1. Subject to the consent thereto of Menominee Where and by River Boom Company, as hereinafter provided. Powell Stack- be conhouse of Philadelphia, Pennsylvania, his associates and their structed. heirs and assigns, are hereby authorized and empowered to construct and maintain so much of a dam as may be within the limits of the State of Michigan, to be located on lot three of section twenty-seven in township thirty-nine north, range