SEC. 2. The city shall not be responsible for the care, improvement or repair of streets or alleys, laid out or dedicated to public use by the proprietors of any land, until such street or alley has been actually accepted by the city or open to and used by the public for the term of three years.

SEC. 3. The council shall have authority to lay out, open, widen, extend, straighten, alter, close, vacate or abolish any highway, street or alley in the city, whenever it shall deem the same a public improvement, and if in doing so it shall be necessary to take or use private property, the same may be taken in the manner provided in this act for taking private property for public use. The expense of such improvement shall be paid from the proper general fund of the city.

SEC. 4. When the council shall deem it advisable to vacate, discontinue or abolish any street, alley or public ground, or any part thereof, it shall by resolution so declare, and in the same resolution shall appoint a time, not less than four weeks thereafter, when it will meet and hear objections thereto. Notice of such meeting shall be given by publishing a copy of said resolution not less than four weeks before the time appointed for such meeting, in the official newspaper of said city. If, at any time thereafter, the council shall by two-thirds vote of all the aldermen elect by resolution declare such highway, street, alley or public ground vacated, discontinued or abolished, the same shall be deemed vacated, discontinued or abolished.

SEC. 5. The council may cause all public streets, alleys and public grounds to be surveyed, and it may determine and establish the boundaries thereof, and cause the surveys and descriptions thereof to be recorded in the office of the recorder in a book of street records, and it shall cause surveys and descriptions of all streets, alleys and public grounds. opened, laid out, altered, extended, dedicated and accepted and confirmed by the council to be recorded in like manner, and such record shall be prima facie evidence of the existence of such streets, alleys or public grounds mentioned therein. Every resolution discontinuing or vacating any street, alley or public ground shall also be recorded in said book of street records, and the record thereof shall be prima facie evidence of the matters therein set forth.

SEC. 6. The council shall have authority to determine and establish the grades of all streets, avenues, alleys and public grounds within the city, and to require improvements and buildings adjacent or abutting upon such streets, alleys or grounds to be made and constructed in conformity therewith, and may change or alter the grade of any street, alley or public ground, or of any part thereof, whenever in its opinion the interest of the public will be promoted thereby. Whenever a grade shall be established or altered, a record and diagram thereof shall be made in the book of street records in the office of the recorder.

pavement

SEC. 7. Whenever any street, alley or public highway shall change of have been graded or pavement shall have been constructed grade after in conformity to grades established by authority of the city, is constructed. and the expenses thereof shall have been assessed upon lots or lands bounded by or abutting upon such street, alley or public highway, the owner or owners of such lots or lands shall not be subject to any special assessment occasioned by any subsequent change of grade in such pavement, street, alley or public highway, unless such change be asked for by the owners of a majority of such lots or lands, but the expense of all improvements occasioned by such change of grade shall be chargeable to and paid by said city.

changing

SEC. 8. If damage shall result to any owner by change of Damage by the established grade of any street, alley, sidewalk, wharf or grade, how landing, the council may in its discretion levy and collect the paid. amount thereof by special assessment upon the lots and premises benefited thereby, equal to the extent of such benefits, and pay the amount so collected to the party entitled thereto, but the city shall incur no liability by reason of anything in this section contained.

council

etc.

where filed.

be endorsed

on.

SEC. 9. The council shall have power, and it shall be its Duty of duty to prescribe by resolution the width, direction and loca- relative tion of all streets, alleys and public grounds of any proposed to plats, plat, or subdivision of land, within the city, and to that end any proprietor of land, intending to lay out, divide and plat the same into lots, blocks, public grounds, streets and alleys, or otherwise, shall file with the recorder a correct survey, Survey, etc., plan and map of such land, showing all the subdivisions thereof, and all streets, alleys and public grounds intended to be dedicated to the public and also the relative position and location of such lots, blocks, streets, alleys and public grounds, with respect to adjacent premises and streets of said city. If such proposed plan and map meet the approval Approval to of the council, in regard to the streets, alleys and public grounds thereof, such approval shall be declared by resolution, and the fact of such approval, and the date thereof, shall be endorsed thereon by the recorder, under the corporate seal of the city. If such plan and map be not so approved, Failure to the council shall within sixty days after such filing with the approve recorder, prescribe by resolution the width, direction and days. location of such streets, alleys and public grounds, or any of them, and the proprietor of such proposed plat shall cause such plan and map to conform to such resolution, whereupon such map shall be approved by the council and endorsed as aforesaid. If the council fail to approve any plan or map so when refiled, or to prescribe any changes therein in manner afore- corder to said for the space of sixty days after the same has been filed with the recorder, such failure shall be deemed an approval thereof in all respects, and the recorder shall endorse such fact thereon under the corporate seal of the city, which shall have all the force and effect of a regular approval by

within 60

endorse.

recorder.

Copy filed with the council. No such plat shall be valid or be recorded in the office of the register of deeds for the county of Muskegon until it shall have been endorsed by the recorder in manner aforesaid. Such proprietor shall, within twenty days after such plan and map shall have been approved as aforesaid, file a certified copy thereof with the recorder for the use and benefit of the city.. Such approval shall not in any manner be deemed an acceptance by the city of such streets, alleys and public grounds.

Liability of city for injuries.

Council to repair, etc., streets.

Paving defined.

Expenses, how paid.

Certain improvements paid from

SEC. 10. The city shall not be liable to any person for injuries received by him on his property in consequence of any sidewalk or crosswalk in said city not being kept clear of snow and ice, nor shall the city be liable to any person for injuries received by him or his property in consequence of any defect in or upon any sidewalk, crosswalk or street, unless it shall be shown that the defect occasioning the injury had existed thirty days prior to said injury, or unless the city had had actual notice of the existence of said defect five days before the injury occasioned thereby was received.

SEC. 11. The council shall have power to grade, pave, plank, gravel, curb, and otherwise improve and repair the streets, avenues, lanes and alleys of said city, and for that purpose and for defraying the expenses thereof may divide the city into street districts. The term paving shall be deemed to include the construction of crosswalks, gutters and curbing.

SEC. 12. Such part of the expenses of improving any street, lane, or alley by grading, paving, planking, graveling, curbing or otherwise, and of repairing the same as the council shall determine, may be paid from the general highway fund or from the street district fund of the proper street district, or in part from each, or the whole or such part of the expense of such improvement, as the council shall determine, may be defrayed by special assessments upon lots and premises included in a special assessment district to be constituted of the lands fronting or adjoining that part of the street or alley so improved or proposed so to be, or constituted of lands fronting upon such improvement, and such other lands as in the opinion of the council may be benefited by the improvement.

SEC. 13. The expense of making any such public improvement in front of any property belonging to the city shall be highway fund. paid out of the general highway fund. The expense of the improvement of all street and alley intersections shall be borne by the city.

Council to have control of sidewalks.

SEC. 14. The council shall have control, except as in this act otherwise provided, of all the sidewalks in the public streets and alleys of said city, and may prescribe the width and grade thereof, and change the same when necessary. It shall have power to construct and maintain sidewalks and crosswalks in the public streets and alleys, and charge the ex

pense thereof upon the lots and premises adjacent to and abutting upon such walks.

construct.

SEC. 15. The council shall have authority to require the May require owners and occupants of lots and premises to construct side- owners to walks in the public streets and alleys adjacent to and abutting upon such lots and premises, and to keep them in repair, and to construct and lay the same upon such lines and grades, and of such width and materials, and in such manner and within such time, as the council shall by ordinance or resolution prescribe. The council shall have the power to prescribe To prescribe

the kind and material of which all sidewalks shall be constructed, to provide by ordinance limits or districts within which sidewalks shall be built of stone, concrete, cement or of other durable substances, aside from wood or plank.

material.

etc.

in case of neglect.

SEC. 16. The council shall have power to require the own- Owners to ers and occupants of any lot or premises to remove snow and remove snow, ice from the sidewalks, in front of or adjacent to such lots and premises, and to keep the same free from obstructions, encroachments, incumbrances, filth and other nuisances. SEC. 17. If the owner or occupant of any lot or premises Proceedings shall fail to construct, repair or maintain any sidewalk as mentioned and prescribed in the last two sections, or shall fail to keep the same free from snow, ice and filth, or fail to remove and keep the same free from obstructions, encroachments, incumbrances or other nuisances, or shall fail to perform any other duty required by the council in respect to such sidewalk, within such time and in such manner as the council shall require, said council may cause the same to be done at Expense a the expense of such owner or occupant, and the amount of all property. such expenses incurred by the council shall constitute a lien upon the lot or premises, from the time the expenses are so incurred, and may be assessed and collected against said lot or premises in the manner hereinafter provided.

lien on

may be

SEC. 18. When any such sidewalk shall have been con- When suit structed or repaired by the city, under the provisions of the brought preceding section, suit may be brought for the cost and ex- against owner. pense thereof in the name of the city against the owner or occupant of such lot or premises, in an action of assumpsit, in any court having jurisdiction of the amount. In every such action, a declaration upon the common counts for money paid shall be sufficient: Provided, That the bringing of such Proviso. action shall not be deemed a waiver of the lien herein mentioned and of the right to enforce the same, as herein provided.

damages.

SEC. 19. If the owner, occupant or person in charge of any when owner lot or premises shall neglect to repair any sidewalk in front liable for of or adjacent to such premises or to remove any snow or ice therefrom, or to keep the same free from obstruction and encumbrances in accordance with the requirements of the ordinances and regulations of the council, he shall be liable to the city for the amount of all damages, which shall be re

Council may construct, and assess expense against property.

When unpaid accounts and added 10 per cent placed on roll.

Relative to assessments.

covered against the city for any accident or injury occurring by reason of such neglect.

SEC. 20. Whenever the council shall deem it expedient to construct any sidewalk within the city, it may, by ordinance or resolution, require the owner of any lot or premises adjoining thereto, or fronting or abutting thereon, to construct such sidewalk in front of or adjoining such lot or premises; the council, in like manner, may, by ordinance or resolution, under such penalty as it may prescribe, require the owner to repair or reconstruct any sidewalk in front of or abutting on or adjoining his premises, in such manner as the council may direct. If such owner shall neglect or refuse to make, repair or reconstruct any sidewalk in front of or adjoining his premises within such reasonable time as the council shall prescribe, it shall be lawful for said council to cause the same to be done at the expense of the city. In such case an accurate account of the expense thereof shall be certified to by the street commissioner, who is hereby authorized by virtue of his office, to make, repair or reconstruct such sidewalk, or cause the same to be done, and to file such account in the office of the city recorder, and a duplicate thereof with the city assessor, within five days after such work shall have been done and completed. Such account, so certified to by said street commissioner, shall contain an accurate description of each parcel of real estate in front of which or abutting on which or adjoining which said sidewalk was so made, repaired or reconstructed, also the expense of such construction, repairing, or reconstruction, and also the name of the owner of the real estate, if known. If the name of such owner shall not be known, such facts shall be stated in such account. SEC. 21. It shall be the duty of the city assessor, on the first day of March, June, September and December in each year, or as soon thereafter as may be, to place said accounts then remaining unpaid in an assessment roll, together with ten per cent of each account, to be added thereto. Said assessment roll shall be, in form, substantially the same as special assessment rolls provided for in this act, except that it shall not be necessary to place any valuation upon the real estate therein described. When completed, said assessment roll shall be filed in the office of the city recorder, and by him reported to the council.

SEC. 22. All the provisions of this act relative to special assessments, as to notice of time of hearing objections to such assessments, the hearing of such objections, the reviewing, adopting and confirming of such assessment roll by the council, and the collection of such assessments, and the spreading of the same upon the general assessment roll of said city, shall apply to the assessment rolls provided for in this title.