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a free ferry from said city to the township of Sugar Island in
Council to appoint certain officers.
AN ACT to amend section three of chapter five of act number forty-eight of the Local Acts of eighteen hundred eightytwo, entitled "An act to re-incorporate the city of Manistee," approved March fifteenth, eighteen hundred eighty-two, and to add two new chapters to said act, to stand as chapter thirty-three and chapter thirty-four of said act; and to repeal all parts of said act, and of the amendments thereto, inconsistent herewith.
The People of the State of Michigan enact:
SECTION 1. That section three of chapter five of act number forty-eight of the Local Acts of eighteen hundred eighty-two, entitled "An act to re-incorporate the city of Manistee," approved March fifteenth, eighteen hundred eighty-two, be and the same is hereby amended so as to read as follows, and that two new chapters be added to said act to stand as chapter thirty-three and chapter thirty-four.
SEC. 3. The council shall, on the nomination of the mayor, elect and appoint, by a majority vote of all the aldermen elected, a city attorney, a street commissioner, a city surveyor, a pound master, a harbor master, one assessor, one police and fire commissioner, one water commissioner, and such other officers as the council may from time to time deem necessary, to carry into effect the powers granted by this act. The mayor shall submit to the council his nominations to the above named officers at the meeting of the council on the third Tuesday in April in each year.
Of whom to
consist, term of office, etc.
THE BOARD OF WATER COMMISSIONERS.
SECTION 1. Albert Baumann, George R. Ray, John Seymour, William J. Barnhart and Thomas J. Elton, who now constitute. the present board of water commissioners, having been by ordi
nance heretofore duly appointed to such office by the mayor and common council of said city, are hereby named and constituted as the board of water commissioners of the city of Manistee, and as such shall be deemed officers of the city. Each of said commissioners shall hold his office until the third Tuesday in April of the following years respectively, and until his successor is appointed and qualified, such expiration being the same as heretofore fixed by the common council of Manistee, to wit: Albert Baumann, nineteen hundred three; George R. Ray, nineteen hundred four; John Seymour, nineteen hundred five; William J. Barnhart, nineteen hundred six; Thomas J. Elton, nineteen hundred seven.
to elect mem
SEC. 2. On the third Tuesday in April, nineteen hundred When council three, and annually thereafter, the council shall, on the nomina- bers. tion of the mayor, elect and appoint, by a majority vote of all the aldermen elected, a citizen of said city, being a qualified, voter and freeholder, as a commissioner, who shall hold his office for five years, or until his successor shall be appointed and qualified: Provided. That this section shall not be con- Proviso. strued as to disqualify any member of said board from re-appointment. And in case of the death or resignation, or removal from the city, or removal from office, of any of the said commissioners, the mayor and council shall, as soon thereafter as possible, and in the manner herein provided, fill such vacancy for the remainder of the term.
SEC. 3. Any member or members of said board may be re- How may be moved from office for cause, in the same manner as elective officers of said city.
SEC. 4. The said commissioners shall, at their first meeting To choose in May, nineteen hundred three, and annually thereafter, choose from their own number a president, a secretary, and such other officers as they shall deem necessary. In case of a vacancy in any office of the board, said commissioners shall have power to fill the same as in the first instance.
ers to file
SEC. 5. Each commissioner shall file with the city clerk a Commissionbond in the penal sum of two thousand dollars, conditioned for bonds. the faithful discharge of his duties, which bond shall be approved by the mayor and chairman of the finance committee of the council, before such commissioner enters upon the duties of his office. And the superintendent and bookkeeper shall Officers to file. each file with the city clerk a bond in such penal sum as the board may determine, which bond shall be approved by the president and secretary of the board, before such employees enter upon the discharge of their respective duties.
SEC. 6. The board shall hold, at such time as they may by When to resolution prescribe, at least one regular stated meeting in each month for the transaction of business. Special meetings may be called by the president or any two members of the board, at any time, by giving notice to all the members thereof. Three Quorum. members of the board shall constitute a quorum for the transaction of any business. The board may provide by resolution for the appointment of standing committees of its members, who shall perform such duties, investigate, have charge of,
Duties, etc., of board.
Board to adopt system of rates.
To adopt rules, etc.
Moneys collected, to whom paid.
and report upon such matters as may be referred to them. Such committees shall be appointed by the president. The board shall keep an accurate record of all proceedings, and cause its proceedings to be promptly published in at least one newspaper published in the city.
SEC. 7. The president and secretary of the board shall each receive one hundred dollars per annum, and each of the other members of the board shall receive fifty dollars per annum, and no other or further sum shall be paid to any member of said board for his services. The said salaries shall be deemed a part of the operating expenses of said water-works, and shall be paid from the income thereof.
SEC. 8. Said board shall have the entire management, control and operation of the water-works of the city, and it shall be the duty of the board to control, operate and manage said water-works, and, except as hereinafter provided, to make and superintend all necessary repairs, extensions, enlargements or improvements thereof; to employ all necessary labor to operate said water-works; to audit and pay all expenses of operating the same, and of the repairs and improvements thereof; and to perform all such other services for the careful and economical operation of said water-works. Said board shall also have such other and further powers not herein granted, as are given to water boards by the general laws of this State, and as are not inconsistent with the powers and rights herein granted. SEC. 9. The regular employees of said board in the operation of said water-works shall be one superintendent, one bookkeeper, who shall be collector and clerk of the board, two engineers, two firemen and one tapper. But the board may employ such additional labor as may become necessary in works of construction, conservation or repair, or in case of emergency. The number of regular employees and their salaries shall not be increased at any time without the authority of the council.
SEC. 10. The board is hereby authorized and directed to prepare and adopt, as soon as practicable, a system of water rates to be charged to the city and the inhabitants thereof, for water supplied by the water-works. Such rates shall be prepared, with the purpose of securing sufficient revenue from said works to pay all the expenses of operation and repairs, and the waterworks bonds and interest thereon, as the same become due; but the rate charged the city for rent of hydrants, shall not exceed one hundred dollars each per annum. The board shall also prepare and adopt rules and regulations for the operation of said water-works, and shall regulate the manner of making connections with water mains, and the use of water. The said rates, rules and regulations may, from time to time, be revised and amended, and shall apply equally to all the inhabitants of the city. When such rates, rules and regulations have been prepared and adopted by the board, it shall cause the same to be printed in convenient form for distribution.
SEC. 11. All moneys collected or received by the board shall be paid over to the city treasurer upon the day of collection, and shall be kept by the city treasurer, separate and apart from
all other city moneys, in a fund to be known as the water-works fund, and no money shall be transferred from said fund to any other city fund, except for the payment of water-works bonds and the interest thereon.
SEC. 12. Moneys shall be drawn from said fund for the pay- Expense ment of all expenses of operating, repairing, conserving and drawn. extending said waterworks, only upon the order of the board, signed by the president and secretary thereof, and each order shall show the purpose for which it is drawn. The city treasurer shall not, without the consent of the council, pay any order of the board, if drawn in favor of any member of the board, except those drawn in payment of the salaries of the members of the board provided by section seven of this chapter. Neither the president nor the secretary shall sign or issue any order upon the water-works fund, unless authorized by a vote of the majority of the members of the board.
to raise money
SEC. 13. If, at any time, there are not sufficient moneys in When council the water-works fund to pay any of the bonds heretofore issued, for, by special or that may hereafter be issued by the city, for water-works tax. purposes, when the same shall become due, the board shall, on or before the first day of September in the year in which such deficiency occurs, certify to the council the amount of such deficiency, and it shall be the duty of the council to raise said amount by a special tax in the same manner as general taxes of the city; said special tax to be designated a water tax; and said amount shall be credited to the water-works fund by the city treasurer: Provided, That in lieu of raising said amount Proviso. by a special tax, the council may extend the time of payment of said bonds, as provided for other bonds of the city, in section twenty-five of chapter twenty-six of this act.
SEC. 14. When, in the opinion of the board, it becomes When may necessary to increase the capacity of the water-works, or to ments. construct any new works, or to increase the service of said water-works, involving a total expenditure of more than five thousand dollars in any one year, the board shall, before incurring any expense or liability therefor prepare plans and specifications of the proposed improvement, and estimates of the cost thereof, and report the same to the council for its approval of, and consent to the proposed expenditure.
SEC. 15. The said board shall, on or before March fifteenth To file report. in each year, make and file with the city clerk a full and complete report for the year ending on the last day of February, showing the income received from said water-works and the sources thereof; the expenses of operating the water-works; the amount expended for extensions, improvements and repairs, and in the payment of bonds and interest; the amount of money on hand, and the purpose for which held. The finance Who to audit committee of the council, or other committee appointed by the board. council for that purpose, shall, upon the filing of said report, audit the books of the board and compare the report with said books, and report their findings to the council, at the first meeting thereof, after said date; and such report shall be published as part of the proceedings at said meeting of the council.
special work, how paid.
Water works, ordinances.
SEC. 16. In case of any special work being required from said board by the council, such as the lowering of water mains to conform to a change of street grade, or moving any fire hydrant from one place to another, the cost of such special work shall be paid to the board by the council. Fire hydrants shall be placed wherever ordered by the council; and whenever new fire hydrants are ordered to be installed, requiring the extension of one or more water mains, the cost of such extension and hydrants shall, in the first instance, be paid to the board by the council, but as soon as sufficient revenue is derived from private consumers and hydrant rentals from such extensions, the cost of the same shall be repaid to the council by the board. SEC. 17. The council shall have authority to enact such ordinances as they may deem necessary, for the protection of the water-works, and any and all parts thereof, and against the violation of such ordinances may impose therein such fines, penalties and forfeitures as are prescribed in chapter nine of this act.
Company's works not to injure city property.
City to have right of action.
Council may pass ordinances relative to.
SECTION 1. It shall be the duty of all persons, companies and corporations owning, using, or operating any telegraph, telephone, electric light or street railroad system, or any business or occupation using electricity, to so construct, manage, maintain and operate their plant, works and all connections thereof, as not to injure any water pipe, or any other structure or property of the city, or any other person, company or individual, by means of such electricity causing electrolysis.
SEC. 2. Said city of Manistee, or any other person, company or corporation. whose property has been injured by any such electrical current, or electrolysis, shall have a right of action against the person, company or corporation so causing or permitting such injury, for all damage, costs and expenses caused thereby.
SEC. 3. For the enforcement of the provisions of this chapter of said act, the city council of the city of Manistee shall have the power, and it is hereby authorized to pass such ordinances as it shall deem necessary therefor, and it may therein prescribe such penalties, fines and forfeitures for the violation or violations thereof as provided in chapter nine of the city charter of the city of Manistee.
SEC. 4. That any and all parts of said act number fortyeight of the local acts of eighteen hundred eighty-two, and of the amendments thereto, in any manner contravening or inconsistent with this act, be, and the same are hereby repealed. This act is ordered to take immediate effect. Approved April 16, 1903.