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as may from time to time be levied by the common council for the improvements of streets, the construction of sidewalks or any other purpose authorized by this act or the laws of the State, and which may be placed in his hands for collection by the controller or other proper officer of said city; and the warrant of the controller of said city shall confer full power and authority upon said treasurer and his deputies to collect, by levy and sale, all the taxes set forth upon any copy or transcript of any general or special roll so placed in his hands, the same as warrants made by the supervisors of townships under the laws of this State, and such treasurer shall have all the powers to enforce collections of said taxes as is conferred upon township treasurers by the general laws of the State, and shall give receipts for all taxes collected by him and mark the same paid upon the proper rolls. He shall, at the regular meeting of the common council, on the first Monday in December in each year, send to the common council for confirmation the names of four residents and electors of the city, to act as deputies treasurer. Said deputies when confirmed shall enter upon their duties at such time as directed by the treasurer; they shall hold office not to exceed ninety days and shall file bonds as hereinafter provided, and their compensation shall be fixed and determined by the common council in such manner as the common council may determine. Their duties shall be the collection of delinquent taxes, either general or special, and such deputies shall have all the power and authority of the city treasurer so far as relates to the collection of taxes. All percentages and fees collected by them shall be paid over to the city treasurer and by him placed in the contingent fund of the city: Provided, That the treasurer shall appoint one regular deputy who shall receive a compensation of not less than fifty dollars per month and may at any time appoint one or more deputies to assist him in performing the duties of his office, and such deputies shall, when appointed be vested with all the powers of the city treasurer, and shall receive such compensation therefor as may be allowed by the common council.
SEC. 11. The city engineer shall have power and it shall Powers and be his duty to survey within or without the city as the com- engineer. mon council or any of the boards of said city may direct, and to furnish to the mayor, common council, or such of the other boards of said city as may desire the same, maps or plats showing the result of such surveys and such further information in relation thereto as may be desired. He shall make and keep in his office a complete record of his surveys and a full and complete map of the city, showing the size of all lots, the course and width of all streets, lanes, alleys and avenues, and all other things proper to be shown on such map. He shall be the official engineer and surveyor of the several offices, boards and commissions of the city.
SEC. 16. The officers mentioned in this chapter shall have Officers may power to nominate, and by and with the consent of the com- assistants.
mon council to appoint such assistants, clerks, and subordinates for the transaction of the business of their respective offices, as the common council shall prescribe: Provided, No expense attach to the city of Port Huron on account thereof, unless expressly authorized by the common council by a majority vote of the aldermen elect: And provided, further, That the appointment of any such assistant, clerk or subordinate shall in no wise release or affect the obligation or liability of any officer under his official bond.
SEC. 3. The common council shall hold regular monthly meetings, the day and time of same to be fixed by resolution of the council, and such regular meetings shall be determined from time to time, and all meetings of the common council shall be held at the council room unless they shall otherwise determine: Provided, That regular meetings shall be held on the first and third Mondays of each month unless changed by resolution of the council.
SEC. 19. The common council shall have power to estab tive to streets, lish, open. widen, straighten, vacate, abolish and maintain, improve, grade, pave, gravel, plank, clay, macadamize, clean, light and adorn the public parks, squares, spaces, streets, avenues, lanes, alleys, boulevards, and other public, grounds in said city, and to control and regulate the use thereof; to prohibit and remove encroachments, and obstructions thereon, and to preserve and maintain the rights of the public therein. The common council shall also have power in all cases where any of the streets of said city are occupied by railroad companies for the purpose of running their engines and cars along said streets, to compel any such railroad company to maintain said street between its tracks, and for at least two feet on either side thereof and to keep the same at all times in good repair so that the surface of the roadbed between the tracks and on the outside thereof for the distance above specified shall be flush with the surface of the rail laid along said street; such maintenance shall be either by planking, paving. claying, graveling or macadamizing as the common council may by resolution or ordinance determine. Should any railroad company or railroad companies neglect or refuse to perform such work within a reasonable time after notice given them so to do the common council may cause such work to be done and the cost thereof shall be a charge against said railroad company and the expense thereof may be recovered from the railroad company in an action at law by the city of Port Huron in any court of competent jurisdiction.
Council may establish
building limits, etc., by ordiance.
SEC. 22. The common council shall have power to prohibit and prevent by ordinance the location or construction of any wooden or frame house, store, shop or other building, on such streets, alleys, and places. or within such limits in said city as the common council may, from time to time prescribe, and
may prohibit and prevent the building or erection of any addition to frame or wooden buildings situated on such streets, alleys, or places, or within such limits, and for the purpose of preventing fires may regulate and control the construction, repair and use of all buildings and erections in said city. The common council shall also have pover to regulate the maintenance and erection of billboards in said city, and to prohibit the erection of the same within such limits as they may deem for the best interests of the city, having regard for its appearance, and may provide by ordinance for the kind of material and manner of construction as may be permitted to be erected and to provide penalties in such ordinance for failure to comply with its terms.
SEC. 31. The common council shall have power to tax, Council may license and regulate any trade, occupation, profession or busi- trade, saloons. ness carried on in said city, or any corporation doing business etc. in said city. and may regulate trade and commerce within said city. It may also have power to enact such ordinances, by-laws and regulations as they deem desirable, to license and regulate saloons and to regulate and prescribe the location thereof, and to provide penalties for the violation of such ordinances, by-laws and regulations.
SEC. 45. Claims or accounts contracted by any of the boards Claims against in said city shall first be presented to such board, which shall collected. file the same with the controller, together with such objections or recommendations as to its validity as the board deems expedient. It shall be a sufficient bar and answer to any action or proceeding in any court for the collection of any demand or claim against said city, either ex contractu or ex delicto, that it has never been presented to the council or the proper board for allowance, or if under contract, express or implied, that it was presented without the affidavit mentioned in the preceding section, or that the action or proceeding was brought before the council or such board had a reasonable time to investigate or pass upon it. All claims against said city arising out of injuries received by reason of defective highways, crosswalks, walks, or any action of tort against said city, shall be filed with the clerk of the city of Port Huron, and a copy thereof served upon the city attorney of the city of Port Huron within thirty days after the cause of action arose, such claim shall give the full particulars of the time and place where the circumstance upon which the claim is founded, occurred, and shall give in detail all of the injuries sustained or damages claimed, and shall be verified by the oath of the claimant. It shall be deemed a sufficient bar and answer to any action or proceeding in any court for the collection of any such claim or demand that the same was not presented to the common council, or to the proper board, within thirty days next after the cause of action arose.
SEC. 47. The fire department of the city of Port Huron and Fire commisthe chief and all members thereof, shall be under the control constituted, and management of a fire commission hereby created; said powers and
Council may contract with banks.
Banks to give bonds.
commission shall consist of three persons to be elected by the common council on the first Monday in June or as soon thereafter as may be possible, one of whom shall hold office for one year and one for two years and one for three years, from the first Monday in June, A. D. nineteen hundred three, and annually thereafter one commissioner shall be elected by said council on the first Monday in June to hold office for three years after his election, and all vacancies shall be filled by election by the council within thirty days after such vacancies occur. Such commissioners when so appointed shall qualify by taking their official oath as the other officers of the city. Such commissioners shall, on the first Monday in July, A. D. nineteen hundred three, and annually thereafter, elect a chief of the fire department, who shall hold office for one year: Provided. That the term of the present chief shall expire on the first Monday in July, nineteen hundred three. Such commissioners shall have the exclusive power to appoint members of the fire department, to remove the chief of the fire department or the officers or members of the fire department for such cause as shall be fixed by the rules of such commission and the charter of said city. The number of firemen and the salaries of the chief and members of the fire department, shall be fixed and determined by the common council. Such commission may adopt such rules and regulations for the government, disciplining and managing of said department, and the chief and members thereof not inconsistent with the charter of said city, and they shall have full power to remove the chief of the fire department or any member of the fire department for a violation of any rule of said commission, by a majority vote of said commission, after a hearing on said charge and notice to the accused. All expenditures and money raised for the fire department shall be under the direction and control of the fire commission; and it shall be the duty of said commission to annually furnish to the common council at the same time that estimates are furnished for other purposes, an estimate of the amount of money necessary to be raised for the expenses of said department for the ensuing year.
SEC. 50. The common council shall have power by a twothirds vote of all the aldermen elect to enter into a contract with any bank or banks doing business in the city of Port Huron to receive on deposit and pay interest on any money in the city treasury belonging to the city. As a condition precedent to entering into such contract the common council shall require the furnishing by any bank or banks of a bond sufficient in amount and signed by some responsible surety company, authorized to do business in Michigan, to secure to the city of Port Huron for the safe keeping and prompt paying over of such money and the interest thereon on the order When council of the city treasurer or the common council. Upon such contract being made and filed with the controller and the bond for the faithful performance thereof being approved by the
treasurer to make depos
common council and filed with the controller, and such contract and security entered and recorded at length upon the journal of the common council in the proceedings of the meeting at which the security was approved, the common council shall have power, by resolution to direct the city treasurer to deposit with such bank or banks, all money of the city in and thereafter coming into his hands during the time fixed in such contract, and the city treasurer and his bondsmen shall not be liable for any loss that the city may sustain from or by reason of any defalcation of such bank or banks. In any contract for the deposit of city funds made in pursuance of the authority herein given, the common council shall reserve the right to terminate the same, and to withdraw such deposits and remit the same to the custody of the city treasurer at its pleasure, by a two-thirds vote of all the aldermen elect. Money so deposited shall be drawn only on the order Money, how of the city treasurer and he shall draw the same only when he is authorized to pay the same according to the provisions of this charter, or directed by the common council to withdraw such deposits, and all interest collected shall be credited to the interest fund of the city: Provided, That before any Proviso. contract is entered into under this section, the council shall cause notice to be published in the official paper of said city for two weeks, of its intention to let such contract and asking for sealed proposals for the payment of interest on and the keeping of such money, and the council shall reserve the right to reject any and all bids. And in case the city treasurer fails to deposit with such bank or banks when directed so to do in the manner aforesaid, such failure shall be a cause for his removal from office and the treasurer and his bondsmen shall be liable for all damages to the city arising directly or indirectly therefrom.
duties of coun
SEC. 53. The common council shall have the control and Powers and possession for the public use, of all the public streets, lanes, cil relative alleys, avenues, squares and places in said city, and the city to streets, etc. may maintain actions of ejectment therefrom, or take such other course as may be allowed by law to enforce. protect and maintain the rights of the public therein. The common council shall also have power whenever any pavement is to be constructed on any of the streets of said city, or whenever any of the streets of said city are to be paved, to require the property owners along such street to make the necessary connections for water, sewer, gas and other pipes, with the premises adjacent thereto, such connection to be extended so far as is necessary under the center of said street and beyond the curb line of the proposed pavement or repavement, so that it will not be necessary for such pavement or repavement to be interfered with or torn up for such purpose. Notice to be directed generally to the property holders along the street, describing the limit which it is proposed to pave or repave, and requiring the owners and occupants of property on both sides of the street to make such connections, shall be given