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to the city its proportion of the cost and expense of such work or improvement according to the provisions of this act, and shall thereupon report it to the common council with such objections as have been filed thereto. The common coun- Council to cil shall review said roll, and consider the objections, and ment. may refer the said roll back to the engineer for further revision, or correction, or may alter the same, and when satisfied with the same, it shall by resolution confirm the same. From and after such confirmation, the assessments in said roll shall constitute a lien until paid, upon said lots or parcels of land, and a personal charge against the owner or owners thereof and the city clerk shall add to said roll a certified copy of the resolution confirming the same.
SEC. 9. Upon the confirmation of said roll as aforesaid, the When roll to city clerk shall deliver the same to the city controller, who to treasurer shall attach to the same a warrant under his hand directed for collection. to the city treasurer, commanding and requiring him to collect from the several persons therein named the several sums set opposite their respective names in the column headed "Part One." Such warrant shall authorize the treasurer in case any person or persons named in the assessment roll shall neglect or refuse to pay his, her or their assessment, to levy the same by distress and sale of the goods and chattels of such person or persons, and from such distress and sale no property shall be exempt, and the controller shall thereupon deliver such roll to the city treasurer. When part two and all subsequent parts shall respectively become due, the controller shall add to the amount appearing in each of such respective parts and opposite each of the several descriptions the interest accumulated on all sums remaining unpaid and to be collected as provided in this chapter, and shall attach to said roll his warrant commanding the treasurer to collect the amounts appearing in such respective parts in the manner herein provided for the collection of part one, together with the interest as computed and placed thereon by him, and the city treasurer shall have the same authority for the collection thereof as is hereby given him for the collection of part one.
SEC. 13. After the confirmation of such assessment roll as When coun cil may issue aforesaid. the common council may issue public improvement public imbonds to an amount not exceeding three-fourths of the amount provement to be raised for such work or improvement, provided the assessment roll shall be divided into but four parts, and if the assessment roll as confirmed shall exceed four parts the common council may issue public improvement bonds to an amount equal to the deferred payments provided to be made in such special assessment rolls. Such bonds shall be desig nated "Public Improvement Bonds" and shall be payable to the treasurer's office in the city of Port Huron. The proceeds of such bonds and such special assessments shall be paid into the public improvement fund for the specified purpose of paying for such public improvements, and such public improvement bonds and no other. One part of such bonds shall
Injunction not to issue to restrain collection of
Council may issue bonds for repaving fund.
Who to have control of parks, etc.
be payable in one year and an equal part in each and every year thereafter, the total length of time to be determined by the number of deferred payments provided for on such roll, and to bear interest not exceeding six per cent per annum.
SEC. 29. After any taxes have been assessed for the construction, location or establishment of any sewer or pavement or whenever any assessment roll, authorized by the charter of said city has been confirmed under the provisions of this chapter, no injunction shall issue to restrain the collection of the same, nor the transfer of the same to the general tax rolls of said city, nor shall the same be in any manner stayed, unless the amount of such assessment shall first be paid to the city treasurer to be applied upon such tax in case the court in which such suit may be commenced or is pending shall so order.
SEC. 35. The common council shall, with the approval of the board of estimates, have power to provide for the repaving fund by borrowing upon the faith and credit of the city and upon the best terms that can be made, such sums of money as shall be deemed necessary and expedient and to issue the bonds of said city therefor.
SEC. 2. Such commissioners shall have the exclusive control and management and shall have charge of all parks, boulevards, and public grounds of said city, and of all parks, boulevards or public grounds as may hereafter be acquired, laid out, purchased or dedicated for public use in said city. The authority hereby conferred shall not be construed as giving any charge or control to said commissioners over and to the improvement of any of the public streets or alleys, unless such street or highway shall be turned into a boulevard. When the estimated cost of any work or improvement ordered by said commissioners shall exceed the sum of two hundred and fifty dollars, the same shall be done by contract after advertisement for bids in at least one daily paper printed in said city, for at least seven days.
This act is ordered to take immediate effect.
Term of office.
AN ACT to establish a board of county auditors for the county of Saginaw and to prescribe their powers and duties.
The People of the State of Michigan enact:
SECTION 1. There shall be a board of county auditors for the county of Saginaw consisting of three members, whose term of office shall be for six years.
SEC. 2. As soon as this act shall take effect the judge of Who to probate, county clerk and county treasurer of said county of appoint. Saginaw, shall appoint three suitable persons who shall be citizens and residents of said county to be members of said board of county auditors and shall designate the term for which each of them shall hold office. The term of one shall expire January first, nineteen hundred five, of another January first, nineteen hundred seven, and of the other January first, nineteen hundred nine, or until their successors are elected and qualified who shall take and subscribe to the constitutional oath of office and file the same with the county clerk; and thereafter there shall be chosen at the general when to be biennial election when the other county officers are elected, one county auditor whose term of office shall be for the full term of six years.
SEC. 3. In case a vacancy shall at any time occur in the Vacancy, how membership of said board of county auditors, such vacancy shall be filled by the judge of probate, county clerk and county treasurer by appointment, and such appointment shall be for the unexpired term of the vacancy so filled.
SEC. 4. Said board of county auditors shall meet for the When to meet transaction of business in the office of the clerk of the county of Saginaw or in some convenient room in the court house of said county, on the last Wednesday of each month, after their appointment or election. At the first meeting of said board they shall organize by electing one of their number chairman of said board, who shall continue as such chairman during his said term of office. Any two members of said board shall constitute a quorum for the transaction of business. It is hereby made the duty of the county clerk, by him- who to be self or his deputy, to be in attendance during each of said meetings and be the clerk of said board without other compensation other than his regular salary. Said board shall When to be remain in session that day and the two days following only, of each month: Provided, That if said board shall be unable Proviso. to dispose of all pending bills at their December meeting of each year, they may continue in session for the remainder of the week. Said board shall have authority to call for persons and papers and the examination of witnesses relating to any claim pending against said county. Said board shall be in session from eight o'clock a. m. till twelve o'clock noon, and from one o'clock p. m. till five o'clock p. m. of each day's session.
SEC. 5. The members of said board of county auditors shall compensareceive the sum of three dollars per day and six cents per mile to and from their residence to the court house of said county; to be computed by the nearest traveled route. SEC. 6. It shall be the duty of the county clerk to tabulate Powers and all bills presented against the county of Saginaw that are properly sworn to by the claimant, and place the same in the hands of the board of county auditors at each of their said meetings, who shall proceed to audit and allow all just and
When treasurer to pay bills.
When board to require statement.
Who to be legal adviser.
Penalty for fraud, etc.
reasonable bills against said county on the same conditions as bills are now allowed by the board of supervisors of said county. It shall be the duty of said board of auditors to provide by contract with the lowest responsible bidder for the publication of an accurate list of all claims allowed by said board, in one daily newspaper printed in the English language and in one weekly newspaper printed in the English language. and in one weekly newspaper printed in the German language, having a circulation in said county. The published lists to show the name of the claimant, the amount claimed, and for what purpose, and the amount at which the claim was allowed. SEC. 7. All bills allowed by said board, or by a majority of the members thereof, shall be paid by the county treasurer on an order signed by the chairman of said board and countersigned by the county clerk, that said bills have been audited and allowed by said board of county auditors. No bills against the county of Saginaw shall be audited or allowed in any other manner than provided for in this act, except the bills of the county drain commissioner and such expenditures as may be authorized by the board of supervisors of said county at any regular, special or adjourned session thereof, where payment shall be provided for in the resolution authorizing the same.
SEC. 8. Before allowing the court bills of any justice of the peace of said county, or of the clerk of the justice and recorder's courts of the city of Saginaw, the board of auditors shall require of said justice or justices, or clerk of the justice and recorder's court aforesaid, a certified statement from the county treasurer that all fines collected by any such justice of the peace, and clerk of the said city courts, shall have been by him, or them, paid over to the county treasurer up to and including the date of all such pending bills as required by law.
SEC. 9. The prosecuting attorney of said county shall be the legal adviser of said board of county auditors and shall, on the request of any member thereof, render an opinion, either orally or in writing on the legal status of any bill pending before said board, and shall, on his own motion investigate the findings of said board, whenever, in his opinion, the public service will be benefited thereby, and shall institute criminal proceedings against said board or any member thereof, for any misfeasance in office.
SEC. 10. Any member of said board of county auditors, who shall enter into collusion with any claimant, or with any other person, or persons, to defraud said county, or shall wilfully violate any of the provisions of this act, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or imprisonment in the county jail not less than sixty days nor more than one year, or both such fine and imprisonment in the discretion of the court.
SEC. 11. All acts or parts of acts conflicting with the pro- Repealing visions of this act are hereby repealed.
This act is ordered to take immediate effect.
Approved June 18, 1903.
AN ACT to authorize the city of Detroit to take private property for the use and benefit of the public.
The People of the State of Michigan enact:
SECTION 1. The common council of the city of Detroit is Council hereby authorized to take private property for the use and take. benefit of the public within the limitation of the State constitution, and to institute and prosecute proceedings for that purpose, and all such proceedings on the part of the city of Detroit shall be held and prosecuted under the provisions of this act and no other: Provided, That this act shall not Proviso. apply to cases where petitions have already been filed in the recorder's court under the provisions of act number one hundred twenty-four of the Public Acts of eighteen hundred eighty-three, as amended March twenty-ninth, eighteen hundred eighty-seven, July third, eighteen hundred eighty-nine, and June first, eighteen hundred ninety-five.
SEC. 2. Such proceedings may be commenced and prose- Proceedings. cuted under this act whenever the common council shall have menced. declared a public improvement to be necessary in the munici pality, and shall declare that they deem it necessary to take private property, describing it, for such public improvement, designating it, and that improvement is for the use benefit of the public. They shall, by resolution, direct the corporation counsel to institute the necessary proceedings in behalf of the municipality in the recorder's court of said city, to carry out the object of the resolution in regard to taking private property for the city. Before the institution Council to of such proceedings, the common council shall, if it be their tion by intention to assess any part of the damages awarded in such resolution. proceedings upon a special or local district, declare by resolution such purpose and fix such district, embracing only such real estate as in their opinion will be specially benefited by the improvement and they shall describe such district with reasonable certainty by well known boundaries, so that all persons owning real estate in such district may readily ascertain the facts.
SEC. 3. The city clerk shall make and deliver to the cor- Counsel to file poration council [counsel] as soon as may be, a copy of such petition with resolution, certified under seal, and it shall be the duty of such attorney to prepare and file in the name of the city, in