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To obtain consent of certain company.
Who to own and control
twenty-nine west, in the county of Dickinson and State of Michigan, and extending thereon and therefrom in and across the Menominee river, to and upon lot two or lot three, or partly on lot two and partly on lot three, of section twentytwo, in township thirty-eight north, range twenty-one east, in the county of Marinette and State of Wisconsin, and to make use of the hydraulic power furnished by said dam as he or they may, from time to time, see fit. The aforesaid persons, their heirs or assigns, shall build a suitable slide or chute in said dam, of sufficient width for running logs and other products of the forest, and shall keep said slide or chute in repair.
SEC. 2. Before proceeding to construct said dam, and as a condition of constructing the same, said Powell Stackhouse, his associates, and their heirs and assigns, shall obtain the consent thereto of the Menominee River Boom Company, a corporation under the laws of Wisconsin and Michigan. Such consent shall be evidenced and authenticated by a certificate in writing, in duplicate, signed by the president and secretary of said company, and sealed with its corporate seal, stating the fact of such consent, and the date when the same was given. One of such certificates shall be filed and recorded in the office of the register of deeds of the county of Marinette and State of Wisconsin and the other shall be filed and recorded in the office of the register of deeds of the county of Dickinson and State of Michigan.
SEC. 3. Said Powell Stackhouse, his associates, their heirs and assigns, shall erect and maintain above said dam in said Menominee river, such piers, booms, structures and other appliances as may be necessary for the passage of logs and other forest products over said dam and through said slide or chute to be provided therefor. Said dam and the slide or chute and gates of the same, and said booms, piers, structures and other appliances shall belong to the said Powell Stackhouse and his associates, their heirs and assigns, and be under their control, subject always to the provisions of this act relative to the running and driving of logs and other forest products over said dam, and to the supervisory control of the said Menominee River Boom Company, so far as it may be necessary or expedient in the conduct of its business, and in the Chute to be exercise of its rights and franchises on said river. Said slide or chute in said dam shall be kept open and available at all times when there are logs or other forest products ready to be run over said dam. And said slide or chute, and the gates, booms, piers, structures and other appliances aforesaid, shall be so maintained and used by said Powell Stackhouse, his associates, their heirs or assigns, as not to unnecessarily obstruct, hinder or delay the navigation and use of said Menominee river for the driving of logs and other forest products therein.
To be provided with fish ladder.
SEC. 4. Said dam so erected shall be provided with a fish ladder or fishway, good and sufficient to admit of the free and uninterrupted passage of fish up and down said dam at all
times, and said fish ladder or fish way shall at all times be
This act is ordered to take immediate effect.
Became a law June 12, 1903, without the signature of the Governor.
AN ACT to authorize and empower the village of Highland Park, in the county of Wayne, to extend its system of water works and to issue bonds for the payment thereof.
The People of the State of Michigan enact:
for, by village.
SECTION 1. The village of Highland Park is hereby author- Bond issue ized and empowered to extend its system of water works at a cost not to exceed twenty thousand dollars; and said village is further authorized and empowered to issue bonds to pay for such extension work. Said bonds shall be due and payable in twenty years from the date of issue and shall draw interest at the rate to be fixed by the village council but not to exceed four and one-half per cent interest per annum, payable annually or semi-annually as the village may direct: Provided, That said bonds shall not be sold for less than par Proviso. value.
SEC. 2. Before any work shall be done or bonds issued, as question to be submitted herein provided, the village council shall in each year deter to electors. mine by resolution the amount proposed to be expended in such extension work and thereupon there shall be submitted to a vote of the electors of said village at any general or special election, as the council may determine, the question "Shall the village issue $........ in bonds for the purpose of water works extension?" If on such vote on the question proposed, a majority of the voters vote "Yes," the work proposed may be done and the bonds issued, otherwise, the work
shall not be done and the bonds shall not be issued in such year: Provided, That if on the submission of such a proposition in any year such proposition does not receive a majority of affirmative votes, a second proposition may be submitted in the same year specifying a less amount to be expended in the same manner and with like effect as herein provided for the first proposition.
SEC. 3. Said water works extensions when constructed and said bonds when issued shall be governed in all respects as provided in chapter eleven of act number three of the Public Acts of eighteen ninety-five, entitled "An act to provide for the incorporation of villages within the State of Michigan, and defining their powers and duties," except as herein otherwise directed.
This act is ordered to take immediate effect.
Tax may be levied for, in township.
How levied in city.
Council may extend time of payment.
AN ACT authorizing the spreading and collecting of a tax against certain lands of Lansing township for the construction and maintenance of an enclosed sewer or drain in the city of Lansing, in and along a certain water course in said city, commonly known as Weinman's creek, in proportion to the benefits accruing to said property owners by reason of drainage through said sewer or drain and benefits to the public health.
The People of the State of Michigan enact:
SECTION 1. A tax may be levied for the construction and maintenance of an enclosed sewer or drain in the city of Lansing, in and along a certain water course, commonly known as Weinman's creek, against all the lands deemed to be benefited thereby, situated in the township of Lansing in proportion to the several benefits accruing to it by reason of drainage through said sewer or drain, and benefits to the public health. A tax for the construction and maintenance of said sewer of the city of Lansing shall be assessed and collected in the manner provided by the charter of the city of Lansing for the assessment and collection of taxes for public improvements: Provided, That any one of the resident taxpayers of this city owning property in the district wherein said sewer shall be constructed, and liable for taxation for such sewer, may, prior to the order of the common council directing the mayor to attach his warrant to such tax roll for the collection of such taxes, petition the common council for an extension of the time of payment of such taxes. It shall be within the power of the common council by resolution, to extend pay
ment as follows: One-fifth shall be levied by the assessors of said city upon the next succeeding tax roll, one-fifth in one year, one-fifth in two years, one-fifth in three years and onefifth in four years thereafter, and such taxes, together with the interest at the rate of six per cent per annum thereon, shall be collected by the treasurer of the city upon warrants of the mayor in the manner provided for the collection of taxes in the charter of the city of Lansing for public improve
SEC. 2. The county drain commissioner shall apportion the Who to apporper cent of benefits to accrue to any piece or parcel of land situated in said township by reason of said drainage through said sewer or benefit to the public health, convenience or welfare, which per cent of benefits shall be apportioned upon and assessed against the lands benefited according to such assessment of benefit.
SEC. 3. The county drain commissioner shall, after having To give notice determined the lands benefited by said drain and the per cent to be assessed against each, give at least ten days' notice of such determination to all persons whose lands are affected by such assessment, which notice shall contain a description of the several lands comprising the special assessment district, the time and place when he will hear objections, if any, to said determination and benefit and tax district. The time for review shall be held open from nine o'clock a. m. until five o'clock p. m. At such review, the county drain commissioner When to shall hear the proofs and allegations of all parties in interest and shall carefully reconsider and review the descriptions of land comprised within the special assessment district, the several descriptions assessed, and on the assessments and benefits, to divide and equalize the same as may seem just and equitable: Provided, That all extra expense for making said Proviso. drain a covered one and the keeping and maintaining the same as a covered drain shall be borne by and assessed to the city of Lansing and the persons owning property therein, and none of such extra expense shall be borne by or assessed to the township of Lansing or any property owner in the said township: Provided further, That should the course of said Further drain be changed in the city of Lansing no expense in the change thereof shall be borne by or assessed to the township of Lansing or any property owner thereof, but the same shall be borne by and assessed to the city of Lansing and the property owners therein; all assessments to said township of Lansing and the property owners thereof for the benefits received by reason of said drain shall be on the basis of an open drain only.
SEC. 4. When the county drain commissioner shall have when superfinally determined the per cent of benefits and the property spread taxes against which it shall be assessed, the supervisor of said township shall cause the same to be spread on the next regular tax roll which shall be assessed and collected in the manner provided for the collection of taxes. The treasurer of said
Owner may appeal to
Court to appoint board of review.
Notice of meeting of board.
Powers and duties of
township shall, immediately after collecting said tax, turn over the same to the treasurer of the city of Lansing who shall apply the same to the fund from which the cost of the construction of said sewer or drain was charged.
SEC. 5. The owner of any land assessed the per cent of any benefits for the construction of said drain, who may feel himself aggrieved by the assessment of the county drain commissioner, may appeal therefrom, and for such purpose make an application to the probate court for the county of Ingham for the appointment of a board of review, as hereinafter provided, by filing with said probate court a notice to that effect and by filing also a bond with such court in the sum of two hundred dollars with one or more sureties to be approved by the judge of probate, conditioned upon the payment of all costs in case the assessment made by the county drain commissioner shall be sustained.
SEC. 6. The probate court, upon receipt of any such application as hereinbefore provided, shall forthwith notify the county drain commissioner in writing of such appeal and shall thereupon make an order appointing three disinterested and competent freeholders of such county, not residents of such township or city, as members of the board of review. The persons so appointed, shall constitute the board of review. The court shall thereupon, with the concurrence of the county drain commissioner, immediately fix a time and place when and where said board of review shall meet to review said assessment, which time shall not be less than ten or more than fifteen days from the date of filing such appeal. The county drain commissioner shall thereupon give notice to the persons so appointed, of their appointment and the time and place of meeting, and shall give notice of such meeting by posting notices in at least five public places in said township and city, and shall serve a like notice upon the appellant. Such notice shall be made not less than five days before the day of hearing and may be made either by personal service or causing a copy thereof to be left at the several places of residence. Proof of service of notice of appeal shall be made by the persons serving said notice and by the filing in the office of the judge of probate. At such hearing, the board of review shall have the right and it shall be their duty to review all assessments made by the county drain commissioner on such drain. The persons so appointed, shall be sworn by the county drain commissioner to faithfully discharge the duties of such board of review.
SEC. 7. The board of review shall proceed at the time and place specified in the notice, to hear the proofs and allegations of all the parties in respect to the matter of appeal and shall thereupon proceed to view the lands benefited by such drain and review all the assessments made by the county drain commissioner on such drain and if in their judgment there be manifest error or inequality in such assessment, they shall order and make such change as they may deem just and