Assessment

SEC. 15. At any time after a special assessment has belected by suit. come payable the same may be collected by suit, in the name

may be col

Judgment to be rendered against defendant, when.

Council may provide for collection by ordinance.

Proviso.

of the city, against the person or corporation assessed in an action of assumpsit in any court having jurisdiction of the amount. In every such action a declartion upon the common counts for money paid shall be sufficient. The special assessment roll and certified order or resolution confirming the same shall be prima facie evidence of the regularity of all the pro ceedings in making the assessment, and of the right of the city to recover judgment therefor.

SEC. 16. If in any such action it shall appear that by reason of any irregularities or informalities the assessment has not been properly made against the defendant or upon the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that expense has been incurred by the city, which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

SEC. 17. The common council shall have power to make all such by-laws and ordinances relative to any special assessment or tax in said city as they may deem necessary to enable them to levy and collect such tax in all cases when the manner of levying and collecting such tax is not provided for in this act: Provided, That such by-laws and ordinances are not inconsistent with any of the provisions of this act: And provided also, That whenever any person shall be improperly designated as the owner or occupant of any lot or premises in proceedings under this act, or in any of the by-laws or ordinances of said city, relative to any special assessment, such tax or assessment shall not for that cause be vitiated, but the same shall be a lien upon such lot or premises and shall be collected as in other cases.

Council to have charge

and control of.

In case council shall order

building of.

CHAPTER XXI.

SIDEWALKS.

SECTION 1. The council shall have charge and control of sidewalks and shall have power to establish, construct, repair and maintain sidewalks in said city and to order the same or any part thereof to be constructed and repaired by the owner of the premises adjoining or abutting said walks and prescribe and prepare the grade thereof whenever and wherever necessary, and of such dimensions and material and under such regulations as they deem proper for the public use and benefit of said city.

SEC. 2. In case the council shall order the whole or any part of any such walk to be built and paid for by the owner of such premises adjoining to or abutting thereon and such owner shall neglect to build said walk or pay the costs and

expenses thereof as said council shall have determined and ordered, the same shall be and remain a lien upon the premises adjoining to or abutting said walk which may be enforced by the sale of said property in such manner as prescribed by the general State law in relation to taxes, and it shall also be lawful, in case of the non-payment by the owner of said premises of the amount so charged against him, for said city to sue for and collect such amount in an action of assumpsit for work done and materials furnished for his use and benefit.

to construct

SEC. 3. If the owner or occupant of any lot or premises shall If owner fail fail to construct or maintain the whole or any part of said sidewalk as mentioned and prescribed in the two preceding sec tions, or shall fail to keep the same in repair, the council may cause the same to be done and such sidewalks be constructed and repaired at the expense of such owner or occupant, and the amount of all the expenses incurred by the council thereby shall be levied as a special assessment upon the lots or premises adjacent thereto or abutting on such sidewalk: Provided, That Proviso. the council shall also have power to divide said special assessments into equal installments and to issue bonds for the payment thereof as provided in sections seven, eight and nine of chapter nineteen of this act.

CHAPTER XXII.

BOARD OF REVIEW.

SECTION 1. There shall be a board of equalization and re- Who to view, non-partisan, as near as may be, composed of one mem- compose. ber of each ward, elected as provided in section nine of this charter, who shall be electors and freeholders and the city attorney and the senior alderman of each ward and the city clerk. It shall choose one of its members chairman, and the city clerk shall be its clerk. The full term of the elected Term. members of the board of review shall be two years from the first Monday of May, unless otherwise provided, in the year in which they were severally elected. In case of a vacancy Vacancy. caused by death, resignation, removal from his ward, or otherwise, the mayor shall nominate a freehold elector of the ward in which the vacancy occurred to fill the same. Every person so nominated on being confirmed by a majority vote of all the aldermen elect and taking the constitutional oath, shall be a member of said board until the next annual election. If any person so appointed a member of said board shall Must qualify refuse or neglect for ten days after being duly notified thereof, days. to qualify by taking said oath and filing it with the city clerk, the latter shall at once notify the mayor and council thereof. Such failure may be treated as a declination of the office and a new nomination may be thereupon made and confirmed in the manner aforesaid.

within ten

When meet

Board to correct roll.

SEC. 2. On the Tuesday next following the third Monday ing to be held. in May in each year, at nine o'clock in the forenoon, the board of review of said city shall meet at the council room, at which time the city clerk shall submit to said board the assessment rolls of the several wards for the current year as prepared by the several supervisors of the city, and filed in his office, and the said board shall proceed to examine and review the same, and during that day, and the next three days of its session, said board, of its own motion, or on sufficient cause being shown by any person, shall add to said roll the names of persons, the value of personal property and the description and value of real property liable to assessment in said city omitted from any such assessment rolls; they shall correct all errors in the names of persons, in the description of property upon such rolls, and in the assessment and valuation of property thereon, and they shall cause to be done whatever else may be necessary to make said roll comply with the provisions of the tax law of the State of Michigan applicable thereto as now in force or hereafter enacted. The board shall pass upon each valuation and each interest, and shall enter the valuation of each as fixed by it in a separate column. The rolls as prepared by the supervisor shall stand as approved and adopted as the act of the board of review, except as changed as herein provided. If for any cause a quorum does not assemble during the days above mentioned, the roll as prepared by the supervisor shall stand as if approved by the Clerk to notify board of review. It shall be the duty of the clerk of said parties when

Roll to stand

approved when corrected.

valuation

increased.

Notice, how served.

Second meeting of board.

May make corrections on request.

board, whenever it shall have increased the value of real estate or added to the value of personal property on any of said rolls, to at once notify or cause to be notified, the party against whom such increased assessment is made, that the same has been done, and that he can appear before said board at a subsequent sitting named, and show cause under oath why such increase of assessment should not stand, if he objects thereto; such notices shall be in writing, or partly writ ten and partly printed and signed by said clerk. It may be served by mail, postpaid, duly addressed to the party at his last known place of residence, in which case the time of mailing shall not be less than two full days before the time of hearing, or it may be personally served, in which case one full day's service of such notice shall be sufficient.

SEC. 3. The said board of review shall also meet at the common council room on the Tuesday next following the fourth Monday in May at nine o'clock in the forenoon, and continue in open and public session during that day and the three days following, and not less than six hours each day exclusive of noon recess, and at the request of any person whose property is assessed on either of said rolls, or his agent, and on sufficient cause being shown under oath, shall correct the assessment in such manner as in their judgment shall make the valuation thereof relatively just and equal; and said board

minister

may do all acts that it was authorized to do at its first sessions the week before, and may in addition thereto, raise or lower the valuation of any property, when notice has been given as heretofore provided, or where the party assessed has been before it, or when he has had personal notice to attend, if a resident of the city of Flint, on any day to appear before said board at its session on the next day following. To that end May adthe said board may examine on oath the person making such oath. application, or any other person touching the matter. Any member of said board may administer such oath. After said board shall complete the review of said rolls, a certificate to the effect that the same is the assessment roll for the ward therein named for the year in which it has been prepared and approved by the board of review shall be indorsed thereon, signed by the chairman and clerk of said board, which certicate may be in form as follows: "The board of review of the Form of city of Flint certify that the within or annexed roll is the certificate. assessment roll of the.... .ward of the city of Flint for the year 19.., as approved by said board.

SECTION 1. The city engineer shall make all surveys re- To make quired for the laying out, construction, operation, repair and surveys, etc. improvement of streets, sewers, water-mains, cemeteries, parks, public grounds and buildings and prepare all necessary plans, profiles and specifications therefor, and perform the civil engineering work of said city of every description as required by the council. He shall keep in the sewer books of To keep certhe several wards of the city a record showing the depths, size, and location of all sewers. He shall also keep in a book a record of all street grades established, for the convenience of the common council and the public.

tain records.

SEC. 2. Whenever the council of said city shall have de- To recommend cided upon making any public improvement it shall so declare material, etc. by resolution and the city engineer with all convenient dispatch shall recommend as to the particular kind and estimate the quantity of material to be used therefor and estimate in detail the probable cost and expense of such work and of the material to be used therein, and to make a record thereof in his office, and to cause to be prepared, so far as is necessary, plans and specifications for such work or improvement and report his recommendation and estimate to the common council. Whenever such plans and specifications have been sub- Clerk to mitted to the council and adopted it shall be the duty of the for bids. clerk (except in case of cleaning and deepening of ditches and

advertise

Bidders to furnish security.

To make statement annually to council.

No officials to

gutters, and the repair of streets, pavements, cross-walks and sidewalks) to advertise for proposals for the furnishing of material and for the performance of such work, and submit all bids received to the common council.

SEC. 3. The common council shall require all bidders to furnish security for the performance of proposals tendered to said clerk, if the bid is accepted, and also security for any contract awarded, and all bids submitted to said clerk shall be publicly opened by the council, or proper committee, and as soon thereafter as may be the mayor and city clerk shall enter into a contract with said bidder to whom the contract was awarded to furnish said material and perform said labor. The construction and repair of all public improvements shall be under the supervision of the city engineer. The city engineer shall classify the various works under his control, and upon the second Monday of March in each year, and oftener if required by the council, submit to it a statement showing in detail the progress and condition of all public improvements commenced or carried forward by or under the supervision of said city engineer, the character and amount of all contracts made by the mayor and city clerk, the moneys earned and paid thereon, and all other information necessary for the full understanding of the business conducted by said engineer. The city engineer shall from time to time make estimates of the amounts earned and payable upon any contract for work done and material furnished, and report the same to the council, and thereupon it shall be the duty of the council without unreasonable delay to order payment from the proper funds of the amount so reported.

SEC. 4. No member of the common council or any officer take contracts. of the city shall be personally interested, either directly or indirectly, in any contract for any public works in said city, nor in the sale or disposition of any material to be used or applied in or about any public works or improvement.

CHAPTER XXIV.

Council to adopt health

measures.

BOARD OF HEALTH.

SECTION 1. The common council of said city shall have power and it shall be their duty to adopt measures for the preservation of the public health of said city and to restrain or prohibit the exercise of any unwholesome or dangerous Appointment avocations within the limits of the city. It shall be the duty of said common council on the second Monday of May, in the year nineteen hundred one, or as soon thereafter as may be, to appoint, on nomination of the mayor, a board of health for said city, to consist of two members so appointed, and the health officer of the city, who shall be president of the board.

of board.