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provement of streets, sewers, sidewalks, local improvements, cemeteries, parks and grounds, and shall prepare all necessary plans, profiles and specifications therefor, and shall perform the city engineering work of said city, of every description, as may be required by the common council, the board of public works, or other lawful authority of the city. He shall examine into and keep a record of the condition of all local improvements ordered by the council, and all contracts let by the board of public works, and see that the same are properly executed according to the plans and specifications, and report to the board of public works failures to comply with the provisions of the law, and omissions in any such works. He shall be the engineer in charge of all local improvements under the direction of the board of public works, and shall establish all grades for the same; he shall be superintendent in charge of all local improvements, and shall give the same his personal supervision; he shall receive for his services an annual salary, to be determined by the council; he shall devote his entire time and attention to the duties of his office, and is hereby expressly prohibited from rendering any services except for the city. Ilis term of office shall be for two years and until his successor shall have been appointed and shall have qualified. In case of vacancy during said term, a succ'essor shall be appointed for the remainder of the unexpired term.
Not to be
Mayor to SEC 74. The mayor shall annually appoint at the second appoint.
meeting of the council in April or as soon thereafter as may be convenient, four of the aldermen of said city who, together with the mayor, shall constitute the water-works committee.
SEC. 75. The members of said committee shall receive no interested in compensation for their services. No member of said committee
shall be at any time interested directly or indirectly in any contract for labor, material or supplies for or on account of the construction, operation or repairing the water-works
within and for Bay City. To appoint SEC, 76. At the first regular meeting of said committee after president the mayor shall have made the annual appointments, it shall
be the duty of said committee to appoint one of its members president pro tem., who shall hold such office for one year and perform such duties as are usually required of such officer, together with such other and further duties not inconsistent
with this act as may be required of him by said committee. May employ
The said committee shall also, subject to the approval of the council have power and authority to appoint and employ such officers, agents and persons as in its opinion, may be necessary to enable them to manage in the best manner, the business under their charge. In appointing such officers and agents, said committee shall also have power and it shall be
its duty to take proper security, by bond or otherwise, for the due and faithful performance of their duties as such officers or agents: Provided, however, That said committee Proviso. may, in its discretion, dispense with such security as to those officers and agents not entrusted with the collection or disbursement of funds.
Sec. 77. The said committee, under the direction and sub- To have ject to the approvel of the common council, shall have full, water works. complete and entire charge, management and control of the planning, construction, operating and repairing of all works of every kind whatsoever, hereafter to be constructed or now used for the purpose of supplying Bay City and inhabitants thereof with water and it shall purchase all material and supplies therefor, including right of way for pipes, grounds for location of all necessary buildings and structures, and shall make all contracts pertaining thereto, subject, however, to the limitation in this act. The conveyances of such right of way and the title to such grounds, so purchased, shall be taken in the name of Bay City, and said water-works and everything appertaining or belonging thereto, shall be the property of said city, and all contracts and purchases made by said committee, shall be in the name of Bay City.
Sec. 78. When said committee shall have completed its To report plans and made their estimate of the cost of any new works council. they may propose to construct, it shall, before making any purchase or letting any contract in excess of two hundred dollars, therefor, report the same to the common council for its approval and the said committee shall at no time and in no event enter into any contract or contracts or in any way pledge the credit of Bay City for a greater sum than the amount placed at its disposal by the council, or by this act, to be known as the water-works fund.
SEC. 79. All moneys raised by loan or otherwise, for the appropriaconstruction, management and repairs of any and all works credited to for supplying the city and the inhabitants thereof with water, water works as well as for the purchase of supplies, material, right of way and ground therefor, together with all sums in any way appropriated for that purpose, including all sums collected for water rates, shall be deposited with the city treasurer and credited by him to the water-works fund and shall remain to meet the liabilities incurred by said committee and shall not be withdrawn or used for any other purpose, unless otherwise ordered by the common council.
Sec. 80. The said water-works committee shall, at least To make once in each month, report to the common council the amount Council. of disbursements and expenditures during the month last preceding, which report shall be published with the official proceedings of the council. It shall also report the nature, condition and progress of any work on contract undertaken or entered into by it, together with such other information relating to the business, or any part thereof under its control as the council may from time to time direct.
May extend water works outside city.
Sec. 81. The said committee, when authorized by the council, shall have power to extend the distributing pipes, aqueducts and mains and erect hydrants without the limits of said city, and to regulate, protect and control such portions of such works, and the water supply therefrom, in the same manner as it may regulate, protect and control the works and the water supply within the city: Provided, That before any water shall be supplied to any person or persons residing outside the limits of the city, the entire cost of distributing pipes necessary to supply such person or persons, shall be paid to the city treasurer; and all such distributing pipes through which any water shall be supplied by said committee shall be the property of Bay City and form part of its system of distributing pipes. The common council shall have power to make proper rules and regulations, fixing the rates to be paid for water supplied, and prescribing the time and mode of collecting the same, regulating the manner of making collections, providing for the safety of the pipes and machinery, together with such other and further matters pertaining thereto as it may deem expedient.
Council to make rules, etc.
THE BOARD OF PUBLIC HEALTH.
Council to Sec. 83. The council shall have power and it shall be its appoint, term of office, etc. duty to adopt measures for the preservation of the public
health of said city; to restrain or prohibit the exercise of any unwholesome or dangerous business or avocation in the limits of said city. The council shall also have power and it shall be its duty to appoint, on the nomination of the mayor, at the first meeting in April, nineteen hundred and five, or its soon thereafter as may be convenient, four persons, electors and practicing physicians who, together with the mayor, shall constitute the board of health of Bay City. The four physicians first appointed shall hold their offices respectively for the terms of one, two, three and four years from the second Monday of April, nineteen hundred five, and until their suc: cessors shall have been appointed and shall have qualified. and annually thereafter, at the first meeting in April, or as soon thereafter as convenient, a member of said board with the like qualifications, shall be appointed by the council on the nomination of the mayor, who shall hold his office for the term of three years from the second Monday in April of the year of his appointment, and until his successor shall have been appointed and shall have qualified. Vacancies in said board shall be filled in the same manner that appointments
are made, as herein provided. Board to ap- Sec. 81. The board of health thus constituted for the point health
purpose of organization and management of its department, shall have all the authority ordinarily pertaining to such bodies, and also to appoint one of their number secretary,
who shall be known as the health officer of Bay City. The health officer shall be selected with special reference to his knowledge of chemistry, hygiene and sanitary matters. Said health officer may be removed from office by the board of health, a majority of its members voting for such removal. The members of said board of health shall serve without compensation, but the health officer shall receive an annual salary, to be fixed by the council.
Sec. 85. Said board of health shall, on or before the twen- To make tieth day of July in each year, report to the comptroller, to be by him transmitted to the council, an estimate of the moneys necessary to defray the expenses of such board during the ensuing fiscal year. The council shall have power to raise, Moneys, how by taxation, the amounts so estimated, or such part thereof as may be approved, in the same manner as other general city taxes are levied and collected, and it shall have authority to make such ordinances, by-laws and regulations for the goyernment of such board of health and for the preservation of the health of the inhabitants of said city, as shall insure a prompt and efficient discharge of the duties imposed upon the board by this act.
Sec. 86. The council shall also have power to pass an Report of ordinance or ordinances providing for and requiring attend. births. ing physicians and midwives, or the parents or parent to report or register all births within the limits of said city to the health officer thereof.
THE FIRE COMMITTEE.
SEC. 87. The mayor shall annually appoint at the second Appointment, meeting of the council in April or as soon thereafter as may duties. be convenient, four of the aldermen of said city who, together with the mayor, shall constitute the fire committee. The common council shall, by ordinance, prescribe the powers and duties to be exercised by said committee and shall place under the supervision of said committee, subject to the discretion and control of the council, the care, control and management of the several hose houses, all fire apparatus and equipments belonging to said department, together with the management and direction of all officers, men, measures and actions for the prevention and extinguishment of fires in said city.
SEC. 88. The members of said committee shall serve with- Compensaout compensation, and no member thereof shall hold any other tion, term of political office and they shall be exempt from jury duties while so serving. Every officer and employe of said department, now or hereafter appointed, shall hold office and retain his position during good behavior, and no such officer or employe shall be discharged except for cause, and after hearing before, an investigation by said committee, under such rules and reguLations as the council may prescribe. Said committee, sub
ject to the approval of the council shall be the absolute and final judge as to the existence and sufficiency of cause for removal. No appeal from their decision shall be had, taken or entertained, and there shall be no review by certiorari or otherwise of their proceedings in relation to such hearing, investigation and removal or dismissal of such employes or officers.
Council to prescribe powers, etc.
When to meet.
Who to be clerk.
POLICE COMMITTEE. Mayor to SEC, 89. The mayor shall ammually appoint at the second appoint.
meeting of the council in April or as soon thereafter as may be convenient, four of the aldermen of said city, who, together with the mayor, shall constitute the police committee.
Sec. 90. The common council shall, by ordinance, prescribe the powers and duties to be exercised by said committee, and shall place under the direction of said committee, subject to the supervisory control of the council, the care, control and management of the police force, its organization, government, and discipline, and the custody and control of all public property, books, records and equipments thereunto belong. ing The common council shall also, by ordinance, provide that said committee shall keep a written record of its proceedings, to be signed by the chairman and clerk thereof, which shall be open to public inspection at all reasonable times.
Sec. 91. Saíd committee shall meet on the second Tuesday of each month and at any other time when the mayor shall direct.
Sec. 92. The recorder of Bay City shall be the clerk of said committee; and no member thereof shall receive any compensation for his services. The members thereof shall be exempt
from military and jury service while so serving. Powers and SEC. 93. No member of the police force of said city shall duties.
be removed without cause, and after a fair trial and hearing by said committee upon specific allegations, under such rules and regulations as the council shall prescribe. Said committee shall be final judge of the existence and sufficiency of any cause for removal of any such officer or employe, subject to the approval of the council. All police officers, other than the police commissioners, now in office in the city of Bay City and West Bay City, shall remain in office until removed for cause, except as in this act otherwise provided.
Sec. 94. Duties of chief
Sec. 95. Upon the breaking out of any fire in said city, the regarding chief of police shall immediately repair to the place of such
fire and aid and assist as well in extinguishing the fire as in preventing any goods or property from being stolen or injured, and in protecting, removing and securing the same for which purpose, as chief of police, he may require and compel the assistance of all bystanders; and in the performance of his said duties, the chief of police shall, in all respects be subject to the order of the mayor.