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CHARTER
OF THE
cl .r I'n' 'Y OF LANSING
AS AMENDED IN 1877, 1879, AND 1883,
LANSING, MICH.:
THE STATE REPUBLICAN PRINT.
1891.
TABLE OF CONTENTS,
TITLE I: Page.
City boundaries; incorporation and ward boundaries........................ 3
TITLE 11:
Electors and registration.................................................. 4
TITLE III:
Elections and appointments....... .............................. .......... 5
TITLE IV:
Powers and duties of common council........ ..... ..................... .. 11
TITLE V:
Duties and compensation of officers.......................................... 31
TITLE VI:
Board of police and fire commissioners...................................... 47
TITLE VII:
Ofpublic health............................................................ 51
TITLE VIII:
Cemeteries......... ........................................................ 53
TITLE IX:
Markets.................................................................... 58
TITLE X:
Sewers, drains and water courses........................................... 59
TITLE XI:
Of streets and public improvements........................... ............. 63
TITLE XII:
Of taxes, funds and expenditures............................................ 76
TITLE XIII:
Of the prevention of the escape of property from taxation.................. 84
TITLE XIV:
Of prevention and extinguishment of fires ......... ....................... 86
TITLE XV:
Ofpublic schools............................................................ 89
TITLE XVI:
Miscellaneous provisions....... .
93
TITLE XVII:
Electric lighting............................................................ 99
TITLE XVIII:
Taking private property for public use...................................... loo
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SOME CHARTER PROVISIONS.
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A majority of the aldermen elect shall make a quorum.
No vote of the common council shall be reconsidered or rescinded at a special
meeting, unless there be present as many aldermen as were present when such
vote was taken.
e MAJORITY VOTE. x
No money shall be appropriated except by ordinance, resolution or vote of the
common council, nor shall any resolution or ordinance be passed or adopted except
4 by a majority vote of all members of the common council elect.
Title IV, Section 7.
The following actions by the common council require a TWO-Tllrrus VOTE:
1. Removal of elective and appointive officers. l'
11 Title III, Section 12; Title IV, Section 14. ;
2. The creation or abolition of any office; the imposition of any tax or assess-
3 ment; the vacation of any street, alley, or public ground; the sale or disposal of
real estate or any interest therein, and the taking of private property for public
use.
47 Title IV, Section 7.
3. Claims and accounts must be examined and endorsed by the city auditors,
5 unless waived by a two-thirds vote of the common council.
Title IV, Section 17.
5 4. The granting of a franchise.
Title IV, Section 30.
5. The passing of an ordinance or resolution over the Mayor's veto.
5° Title IV, Section 31.
6. The construction of public improvements by the city, without the letting of
a contract or contracts therefor.
Title IV, Section 31.
63 7. Permitting any railroad company to lay its tracks and operate its road in
or across the public streets and highways or alleys of the city.
Title IV, Section 34.
8. The declaration of default of holder of franchise.
Title XVI, Section 18.
$4 9. The taking of private property for the public use.
Title XVIII, Sections 1, 4. t
The following action by the common council requires a THREE-r+OUnTHS VOTE:
The increasing of the aggregate amount of taxes to be raised, from seven mills
to one per cent. on the dollar.
89 Title XII, Section 6. ,
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MAYORS. CITY CLERKS.
1859—Hiram H. Smith.
1860—John A. Kerr. 1859—Jas. G. Ramsdell.
1861-62—Wm. H. Chapman. 1859--Geo. A. Armstrong.
1863-64-65—Ira H. 1860—James G.Bartholomew. 1861—Theodore e Foster.
1866—Wm. H. Haze. 1863—James B. TenEyck,
1.867—Geo. W. Peck. 1864—Albert E. Cowles.
1868-69—Cyrus Hewitt. 1867—George E. Lapham.
1870—Solomon W. Wright.
1871.—John Robson. 1869—Dougal McKenzie.
1872-73—John S. Tooker. 1870—E. B. Wood.
.
1874-75—Daniel W. Buck. 1873—Seymour Foster.
1874—F. M. Howe.
187
1876—John S. Tooker. Jo
1877—Orlando M. Barnes. F. Rouse.
1878—Joseph E. Warner. 1879-—Chas.F.
Cowles.
1882—John
1879-80—W 1887—Geo. L.m. H. VanBuren. L.
Rouse.
1881—John Robson. Spangler.
1888—Stacy Hernley.1882.83—Orlando F. Barnes.
1884-85—William Donovan. 1889—Wm. C. Hinman.
1836—Daniel W. Buck. 1895—Chas. S. Loomis.
1897—John H. Bohnet.1887—Jacob F. Shultz.
1888—John Crotty. 1899---C. C. Mishler.
1889—James M. Turner. 1901—J. C. McCullough.
1890-91—Frank B. Johnson. 1903—Ernest G. Dell.
1892-93—A. O. Bement. 1904—Myles F. Gray.
1894—Alroy A. Wilbur.
1895—James M. Turner.
1896—Russell C. Ostrander.
1897-98-99--Charles J. Davis.
1900-01-02-03—James F. Hammell.
1904-5—Hugh Lyons.
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CHARTER '{ ,
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OF THE w
CITY OF LANSING.
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TITLE I. `
CITY BOUNDARIES, INCORPOPtiATION, AND WARD BOUNDARIES. e.
SECTION 1. The People of the State of Michigan enact, Boundaries.
That so much of the township of Lansing, in the county
of Ingham, as is included in the following description, to-wit:
All of sections nine, sixteen, twenty-one, ten, fifteen and
twenty-two, the east fractional half of section eight, the
east half of section seventeen, the east fractional half of sec-
tion twenty, and the east half of the northeast quarter of sec-
tion twenty-seven, be and the same is hereby set off from the
said township of Lansing, and declared to be a city by the
name of the "city of Lansing," by which it shall hereafter be
known.
SEC. 2. The freemen of said city, from time to time, being Body politic and
inhabitants thereof, shall be and continue a body corporate corporate.
and politic, to be known and distinguished by the name and
title of the city of Lansing, and shall he and are hereby made
capable of suing and being sued, of pleading and being im-
pleaded, of answering and being answered unto, and of de-
fending and being defended in all courts of law and equity, General fran-
and in all places whatsoever, and may have a common seal, chisel'
which they may alter and change at pleasure, and by the same
name shall be and are hereby made capable of purchasing,
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4 CHARTER OF THE CITY OF LANSING. TITLE II.
holding, conveying and disposing of any real and personal
estate for said city.
Wards, division of the city into. SEC. 3. Said city shall be divided into six wards as fol-
lows: The first ward shall consist of all that part of said
city north of the center line of Sheridan street, continued to
the east line of the city limits and the north line of lots seven
and eight, block eighteen, lots fourteen and fifteen, block
twenty-one, and lot six, block twenty-three, to Grand river,
and east and north of Grand river; the second ward shall con-
sist of all that part of said city south of the center line of
Shiawassee street, continued to the western line of the city,
to the center line of Washtenaw street so continued, and west
of Grand river; the third ward shall consist of all that part
of said city lying south of the center line of Washtenaw street,
continued to the western line of the city, and west of the
center line of Washington avenue and north of Grand river;
the fourth sward shall consist of all that part of said city north
of the second ward, west and south of Grand river; the fifth
ward shall consist of all that part of said city lying south of
the first ward and east of Grand river, and north of the cen
ter line of Main street, continued to the east line of the city;
the sixth ward shall consist of all that territory lying south of
the center line of Washtenaw street and east of the center line
of Washington avenue, and west of Grand river, and all that
part of said city lying south of Grand river and of the fifth
ward.
TITLE II.
ELECTORS AND REGISTRATION.
Electors. SECTION I. The inhabitants of said city having the quali-
fications
of the electors under the constitution of the State,
and no others, shall be electors therein.
Where to vote. SEC. 2. Every elector shall vote in the ward where he i
shall have resided during the twenty days next preceding the
day of election. The residence of any elector not being a
Residence de- householder, shall be deemed to be in the ward in which is i
fined.
i located his regular place of lodging.
Board of reg-
istration, SEC. 3. The boards of registration, at their sessions pre-
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duties of, and
rules for new vious to the general election in November, eighteen hundred I registration.
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TITLE III. CHARTER OF THE CITY OF LANSING. 5
and ninety-six, shall make a registration of the qualified elec-
tors of the respective wards, in books of the form provided by
law. The same rules shall be observed in such registration as
are provided by law for the registration of electors in cities;
and a like re-registration of the electors of each ward shall be
made at the session of the board next preceding the general ,33
election each fourth year thereafter. In the meantime and
until such re-registration shall be made, the registration made
in the year one thousand eight hundred and ninety-two shall
be and remain in full force, except as the same shall be from ;3
time to time modified by the changes made therein at the reg-
ular meetings of said boards next preceding an election.
When a new registry shall be made, the former registry of
electors shall not be used, nor shall any person vote at any
election in such ward after such re-registration unless his
name shall be registered in such new register. Notice that
such re-registration is required to be made shall be given with
the notice of the meeting or session of the board at which it
is to be made. _
TITLE III.
ELECTIONS AND APPOINTMENTS.
SECTION 1. An election shall be held in each ward annu- Elections,
annual. %
ally, on the first Monday in April at such place as the com-
mon council shall appoint, and the clerk shall cause printed
notices of the holding of said election to be posted at least six
-days previous thereto in three of the most public places in
each ward.
SEC. 2. The common council may order special elections Eieettons,
-to be held, in which case the clerk shall, twenty days previous spectsi.
thereto, deliver to the inspectors of election in the ward or
wards where such special election is to be held, a notice speci-
fying the officers to be chosen, and the day and place at which
such election will be held, and he shall, at least once before
the day of such special election, publish said notice in one of
the newspapers of the city.
SEC. 3. Such annual or special election shall be held and Electlona,
conducted in the manner, provided by the laws of this State
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6 CHARTER OF THE CITY OF LANSING. TITLE III.
for holding general elections except as is by this act otherwise
Proviso, voting provided: Provided, That nothing in this act contained shall
machines may be
used. be construed to prevent the city of Lansing from using, in
any annual or special election, such approved design of voting
machine as the council may by ordinance or resolution de-
termine.
Ballot boxes, SE c. 4. The common council shall provide suitable ballot
use and care of.
boxes for each ward with locks and keys, in which to deposit
the ballots offered at any election. At any election for city
officers the city and ward tickets shall be deposited in sepa-
rate boxes. When the elector delivers his ballot there shall
appear on the outside of the box containing the city ticket the
word "City," and on the outside of the one containing the
ward ticket the word "Ward," and the inspector shall deposit
the ballot in the proper box.
Canvass of SEC. 5. Immediately after the closing of the polls the in-
votes at election. spectors of election shall, without adjournment, publicly can-
vass I-lie votes received by them, according to law, and declare
the result, and shall, on the same or the next day make a cer-
tificate stating the number of votes given for each person for
each office, and shall file such statement and certificate on the
day of election, or on the next day, with the clerk of the city.
Elections. SEC. G. At the annual election to be held in said city in
the year nineteen hundred five, and at each second annual
election thereafter, there shall be elected on the city ticket,
Elective officers. one clerk and one constable, who shall hold their offices for
two years, and also at said annual election to be held in said
city, in the year nineteen hundred five, there shall be elected
Clerk, treasurer, on said city ticket, one treasurer and one constable,
two constables. who shall
hold their offices for one year, and at the annual election to
be held in the said city in the year nineteen hundred six, and
at each second annual election thereafter, there shall be
elected on the city ticket, one treasurer, one constable and a
Mayor to hold
mayor, who shall hold their offices for two years, but at the
office for two
years. annual election to be held in nineteen hundred six and there-
after, no person shall be eligible for the office of city treas-
Treasurer not to urer for two consecutive terms; at each annual election here-
hold office for
two consecutive after to be held in said city, one city assessor for the term of
terms.
Three assessors three years, who shall enter upon the duties of his office on
to hold office for
three years. the first day of September next following his election. In
TITLE III. CHARTER OF THE CITY OF LANSING. 7
each ward at the annual election, there shall be elected one
member of the school board and one alderman, who shall hold Members of
office for two years. Apt the annual election to be held in the Aldermen.
year nineteen hundred seven, and at each fourth annual elec-
tion thereafter, there shall be elected in said city on the city
ticket, one justice of the peace, who shall hold his office for Justice of the
four years. Each of said officers so elected, shall hold his peace.
office for the term for which he was elected and until his suc-
cessor is elected and qualified.
SEc. 7. If at any annual election in the said city there vacancies in
shall be one or more vacancies to be supplied in any office,
and at the same time any person is to be elected for the full
term of said office, the term for which each person is voted
for, for the said office, shall be designated on the ballot.
SEc. S. The council shall convene on Thursday next suc- Elections, de-
termination of,
ceeding each election, at their usual place of meeting and by council.
determine the result of the election upon each question and
proposition voted upon, and what persons were duly elected
at the said election to the several offices respectively; and
thereupon the city clerk shall make duplicate certificates,
under the corporate seal of the city of such determination, .,'
showing the result of the election upon any question or propo-
sition voted upon, and what persons are declared elected to
the several offices respectively; one of which certificates he
shall file in the office of the county clerk, and the other shall
be filed in the office of the city clerk. ':
SEc. 9. The person receiving the greatest number of votes Election, de-
for any office in said city or ward shall be deemed to have term
o°tenon of
been duly elected to such office; but if two or more persons
shall receive an equal number of votes for any office the com-
mon council shall appoint a day (if the candidates be not
then present) for the appearance before them of all such
persons for the purpose of determining by lot the right to
such office, and shall cause notice thereof to be given to all
such persons interested. At the time appointed such person
shall draw lots for such office before the common council in
the same manner, as near as may be, as is prescribed by law
for the drawing of lots by candidates for members of the C. L. '97, § M.
legislature, and the person successful in the lot shall be de-
clared duly elected. ,
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8 CHARTER OF THE CITY OF LANSING. TITLE III.
Vacancy in of- SEC. 10. When a vacancy occurs in the office of alderman
ace of alderman. or when he refuses or neglects to take the oath of office, or
when his election is declared void by a proper tribunal, the
common council shall immediately appoint a special election
to be held in the ward for which such officer was chosen, at
some suitable place therein, not less than seventeen nor more
than twenty-one days from the time of such appointment:
Proviso, when Provided, That in case any such vacancy shall occur in the
necessary.election f
o said office of alderman within three months before the first
Monday in April in any one year, it shall be optional with
the common council to order a special election or not, as they
shall deem expedient.
Notice of SEC. 11. It shall be the duty of the clerk of said city, as
erection. soon as practicable, and within three days after the election
or appointment of any officer or officers, to notify such officers
respectively of their election or appointment; and the said
Qualification of officers, so notified as aforesaid, shall within ten days after
such notice take the oath of office prescribed by the constitu-
tion of this State, before some officer authorized by law to
administer oaths and file the same, together with his official
bond, if any be required, in the clerk's office of said city.
Neglect to Within one week after the expiration of the time in which
qualify. any official bond or oath of office is required to be filed, the
city clerk shall report, in writing, to the common council, the
names of the persons elected or appointed to any office, who
shall have neglected to file such oath and requisite bond or
security for the performance of the duties of the office.
Appointive of- SEC. 12. The mayor shall, on the first Monday of May or
ficers appoint. to as soon thereafter as may be, by and with the consent of the
common council, appoint one city attorney, one city auditor,
one city engineer, one superintendent of public works, one
city physician, one poormaster, and so many poundmasters,
inspectors of wood, weighmasters, auctioneers, janitors and
engineers as the council may from time to time deem neces-
sary, and such other officers as may be necessary to carry into
effect the powers granted by this act, who shall hold their
May e removed offices during the pleasure of the mayor, unless removed by
by the common council by a two-thirds vote. The common coun-
Duties may cil may, by ordinance or resolution prescribe the duties of all
be prescribed by
ordinance. officers in addition to those defined in this act. Whenever
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TITLE III. CHARTER OF THE CITY OF LANSING. 9
any officer appointed by the provisions of this act, shall, from offieerito of
any cause be unable to perform the duties of his office, the duties.
mayor, by and with the consent of the common council, shall
have power to appoint an officer who shall perform the duties
of the office until such inability shall cease. Each officer ap- shall give a
pointed by the mayor shall give a bond to be approved by the bona.
common council for the faithful performance of the duties of
his office, in such sum and with such sureties as the common j
council by ordinance or resolution shall determine.
SEc. 13. If any person elected or appointed under this o tin and Rieke
title shall not take and subscribe the oath of office and file bond.
the same as therein directed, or shall not cause a notice of
acceptance to be filed as therein directed, or if required by
the comnion council to execute an official bond or undertak-
ing, shall neglect to execute and file the same, in the rnanner
and within the time prescribed by the common council, such
neglect shall be deemed a refusal to serve, unless, before any
step is taken to fill any such office by another incumbent, such
oath shall be taken, such acceptance be signified, and. such
bond executed and filed as aforesaid.
SEc. 14. Whenever any officer shall resign or be removed officre s to de-
effects of
from office, before the term for which he shall have been office to suc-
cessor.
elected or appointed shall expire, he shall on demand, deliver
over to his successor in office, all the books, papers, moneys,
and effects in his custody as such officer, and in any way ap-
pertaining to his office; and every person violating this pro-comply.to t
vision shall be deemed guilty of a misdemeanor, and may be ;
proceeded against in the same manner as public officers gen-
erally for the like offense, under the general laws of this
State now or hereafter in force and applicable thereto; and
every officer appointed or elected under this act shall be
deemed an officer within the meaning and provisions of such
1
general laws of the State.
SEc. 15. In case a vacancy shall occur in any of the vacancies. I
offices in this act declared to be elective, except aldermen and
member of the board of education, the mayor shall, by and
with the consent of the common council, fill such vacancy by Appointments to
the appointment of a suitable person, and an officer a - fill.
pp p y P Elections to an.
pointed to fill a vacancy shall hold by virtue of appoint-
ment only until the first Monday of May next succeeding. }
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10 CHARTER OF THE CITY OF LANSING. TITLE III.
Terms of office, &c. 16. Any person elected or appointed to any office
extent of.
under this act, at the expiration of the term thereof, shall
continue to hold the same until his successor shall be elected
or appointed and qualified; and when a person is elected to
fill a vacancy in any elective office, he shall hold the salve
only during the unexpired portion of the regular term limited
to such office, and until his successor shall be elected and
qualified.
Eligibility to k&Jc. 1.7. No person shall be eligible to any office unless
o°leC' he shall then be an elector and resident of said city, nor shall.
he be eligible to any office for any ward or district unless he 1
shall then be an elector and resident of such ward or district;
Defaulters in- and no person. shall be elected or appointed to any office in
eligible. the city who has been or is a defaulter to the city, or to any
board of officers thereof, or to any school district, county, or
other municipal corporation of the State. All votes for, or
any appointment of, any such defaulter shall be void.
Offices, when SEC. 1S. If any officer shall cease to be a resident of the
of cant incumbent city, or if elected in and for a ward, shall remove therefrom
during his term of office the office shall thereby be vacated.
If any officer shall be a defaulter the office shall thereby be
vacated.
Resignation. SEC. 19. Resignations by any officer authorized to be
chosen or appointed by this act, shall be made to the mayor
if the office is an appointive one; if elective, to the common
Members of council. The resignations of the members of the board of
of educa-
tion, education shall be made to, and accepted by said board.
Liabilities not Neither the resignation nor removal of any officer, nor the
removed resignation, appointment or election of another to the office shall be held
to release such officer or his sureties from any liability in-
curred by him or them.
Expense of elec- SEC. 20. The expenses of any election, held as provided
tion. by this act or by the laws of this State, shall be a city charge,
and shall be paid from the contingent fund.
Term of office, SEc. 21. All officers, except members of the school board,
when to begin. elected as hereinbefore provided, shall enter upon the duties
of their respective offices on the first Monday of May next
following such election, unless otherwise herein provided.
The members of the school board shall enter upon the duties
of their respective offices on the first Monday of September
next following their election.
TITLE IV. CHARTER OF THE CITY OF LANSING. 11
TITLE IV.
POWERS AND DUTIES OF ThE COMMON COUNCIL.
SECTION 1. The mayor and aldermen of said city shall council, how
constitute the common council, constituted.
SEC. 2. The mayor shall be president of the council and Mayor to be
shall preside at the meetings thereof, but shall have no vote president of
therein, except upon the appointment of officers or in case of
a tie.
SEC. 3. On the first -Monday in -.\,fay in each year, the President pro
tem of council.
council shall appoint one of their number president pro
tempore of the council, who in the absence of the president,
shall preside at the meetings thereof and exercise the powers
and duties of president, and lie shall have a vote upon all
questions. In the absence of the president and president
pro teen., the council shall appoint one of their number to
preside, and for the time being he shall exercise the powers
and the duties of the president pro teen.
SEC. 4. The city clerk shall be clerk of the council, but clerk of council,
shall have no vote therein, and he shall keep a full record of city clerk to be.
all the proceedings of the council, and perform such other
duties relating to his office as the council may direct. In the
absence of the clerk the council shall appoint one of their
number to perform the duties of his office for the time being.
SEC. 5. The aldermen, each of whom shall be entitled to Aldermen,
as
a vote in all the proceedings of the council, are required to me b of,of
attend all the meetings and sessions.,thereof, and to serve conned.
upon committees whenever appointed thereon.
SEc. 6. The council shall be judge of the election, returns council, powers
and qualifications of its own members. It shall hold regular and lar ands °f'.
stated meetings for the transaction of business, at such times special.
and places within the city as it shall prescribe, not less than
two of which shall be held in each month. The mayor or
any three members of the council may appoint special meet-
ings thereof, notice of which in writing shall be given to each
alderman, or be left at his place of residence at least twelve
hours before the meeting.
SEC. 7. All meetings and sessions of the council shall be Meetings of
in public except when the public interest shall, in their opin- public to be
12 CHARTER OF THE CITY OF LANSING. TITLE IV.
Quorum. ion, require secrecy. A majority of the aldermen elect shall
make a quorum for the transaction of business; a less number
may adjourn from time to time, and inay compel the attend-
ance of absent members in such manner as they shall direct.
of Two-thirds vote But no office shall be created or abolished, nor any tax or
elect. assessment be imposed, street, alley or public ground be
vacated, real estate or any interest therein sold or disposed
of, or private property be taken for public use, unless by a
concurring vote of two-thirds of all the aldermen elect;nor
shall any vote of the common council be reconsidered or re-
scinded at a special meeting, unless there be present as ma.nv
Majority vote. alderien as were present when such vote was taken. No
money shall be appropriated, except by ordinance, resolution
or vote of the council; nor shall any resolution or ordinances
be passed or adopted, except by a majority vote of all the
members of the common council elect.
Council to cake SEC. 8. The council shall prescribe the rules of its own
Its own rules. proceedings, and keep a record or journal thereof. All votes
Votes, how
taken. on the adoption of any resolution or ordinance, report of
a committee, or other act for taxing or assessing the citizens
of said city, or involving the appropriation of public moneys,
shall be taken by yeas and nays and be entered upon the
journal so as to show the names of those voting in the affirma-
tive and those in the negative; any one member of the coun-
cil shall have the right to demand the yeas and nays on any
question, and all votes so taken shall be entered at large on the
minutes, as Herein provided.
Council may SEC. 9. The council may compel the attendance of its
c eetc attend-
ance, members and other officers of the city at its meetings, in such
manner and may enforce such fines for non-attendance as may
by ordinance be prescribed, and may prescribe punishment
for any misbehavior, contemptuous or disorderly conduct, by
any member or any person present at any session of the
council.
Certain officers SEC. 10. The city attorney and all elective and appoint-
to have seats in
council. ive officers shall have seats in the council, and may take part
in all its proceedings and deliberations on all subjects re-
lating to their respective departments, subject to such rules
z as the council shall from time to time prescribe, but without
the right to vote. Said officers may be required to attend the
meetings of the council in the same manner as members.
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TITLE IV. CHARTER OF THE CITY OF LANSING. 13
SEc. 11. The common council, in addition to the powers ccouncil,of eneral
powersand duties especially conferred upon them in this act, shall
have the management and control of the finances, rights and
interests, buildings, and all property, real and personal, be-
longing to the city, and may make such orders and by-laws
relating to the same as they shall deem proper and necessary.
SEc. 12. The council shall cause all the records of the Rec rds ofand
corporation, and of all proceedings of the council, and all use of.
books, documents, reports, contracts, receipts, vouchers, and
papers, relating to the finances and affairs of the city, or to
the official acts of any officer of the corporation (unless re- j
quired by law to be kept elsewhere), to be deposited and kept
in the office of the city clerk, and to be so arranged, filed and
kept, as to be convenient of access and inspection, and all
such records, books and papers shall be subject to inspection
by any inhabitant of the city, or other person interested
l
therein, at all seasonable times, except such parts thereof as I
in the opinion of the council it may be necessary for the
furtherance of justice to withhold for the time being. Any injury to arty
person who shall secrete, injure, alter, or destroy any such for.
books, records, documents or papers, or expose the same to
loss or destruction, with intent to prevent the contents or
true meaning or import of any part thereof from being
known, shall on conviction thereof be punished by imprison-
ment in the State Prison, not longer than one year,.or by a
fine not exceeding one thousand dollars, or by both such fine
and imprisonment in the discretion of the court.
SEc. 13. No member of the common council shall, dur-Membercoun Ineilgible
ing the period for which he was elected, be appointed to or to oth ee n eono-rto '
be competent to hold any office of which the emoluments are tracts. `
paid from the city treasury, or paid by fees directed to be
paid by any act or ordinance of the common council, or be
bondsman or surety on any contract or bond given to said
city, but this section shall not be construed to prevent the
mayor or clerk from receiving any salary which may be fixed (`
by the common council, nor from holding any office, nor to
1:
deprive any alderman of any emoluments or fees to which
he may be entitled by virtue of his office. Any member of Peniolalt
the council, or officer of the city herein specified, offending this section.
against the provisions of this section shall, upon conviction
t
14 CHARTER OF THE CITY OF LANSING.
Trrr ; I V.
thereof, be fined not less than five hundred nor more than one
thousand dollars, or be imprisoned in the county jail not less
than one nor more than six months, or both, in the discretion
lZeluoOf the court, and shall forfeit his office.
office and �Ypns. 'm- S1"C. 14. Any person appointed to office b this act may be removed therefrom b 3 authority of
with the consent of the common council,Band theor n inn 1
may expel any alderman or remove from office any person
elected thereto by a concurring vote of two-thirds of all
the aldermen elect. In case of elective officers, provision
shall be made by ordinance for preferring charges and try-
ing the same, and no removal of an elective officer shall be
made unless a charge in writing is preferred and .in oppor-
Trial of charges tunity given to make a defense thereto.
against officers. Sx;c. .15. To enable the council to investigate
against any officer, or such other matter in ay
eees
m
proper to investigate, the mayor. or an as the u x y may deem
ce of te peace
Of tlxe city is empowered at the request of the council, to
issue subpoenas or process by warrant,
o to compel the attend-
ance of persons and the production f books and papers fore the council or any committee thereof.
be-
Council may SE' 1G. Whenever the council or any committee of the
compel attend-
ance or wit- members thereof are authorized to compel the attendance
nesses, etc.
Of witnesses for the investigation of matters which may come
before them, the presiding officer of the council or chairman
of such committee for the time being, shall have power to ad-
minister the necessary oaths; and such council or committee
shall have the same power to compel the witnesses to testify
as is conferred on courts of justices of the peace.
count a d ae- Sr'-C. 17. The council shall audit and allow all account
counts and
concclaierning. chargeable against the city; but no account, claim or eon-
s
tract shall be received for audit or allowance unless it shall
be accompanied with an affidavit of the person rendering it,
which affidavit may be taken and certified by any member of
the common council, to the effect that he verily believes that
the services or property therein charged have been actually
performed or delivered for the city, that the sums charged
therefor are reasonable and just, and that to the best of his
knowledge and belief no set-off exists nor payment has been
made on account thereof, except such as are endorsed or re-
� �v
TITLE IV. CHARTER OF THE CITY OF LANSING. 15
ferred to in such account or claim, and has been duly ex-
amined by and received the endorsement of the city auditor,
unless such endorsement shall be waived by two-thirds vote
of the common council, in which case, if the claim is allowed,
it shall be reported to the city auditor and every such ac-
count shall exhibit in detail all the items making up the
amount claimed, and the true date of each. It shall be suffi-
cient defense in any court to any action or proceeding for the
collection of any demand or claim against the city that it
has never been presented verified as aforesaid to the council
for allowance, or that the claim was presented without the
affidavit aforesaid, and rejected for that reason, or that the
action or proceeding was brought before the council had a
reasonable time to investigate and pass upon it. The word
"claim," as used in this section, shall be deemed to include
cla.inrs for alleged damages arising to persons or property
from defective streets, sidewalks or cross walls, and all
claims for damages in consequence of defective streets, side-
walks or cross walks, shall be presented to the common coun-
cil of said city within sixty days after such injury occurs,
with a brief statement of the place, time and nature of the Time within
same, as near as practicable and not after, and no cause of p h sent°
t.
action shall arise against said city unless such claim is pre-
sented within the time before limited.
SEc. 18. The common council shall have power within Powers of
said city to enact, make, continue, establish, modify, amend common council
and repeal such ordinance, by-laws, resolutions and regula-
tions as they may deem advisable within said city for the
following purposes:
First, To restrain and prevent vice and immorality, To prevent vice,
gambling, noise and disturbance, indecent or disorderly con-immorality, etc.
duct or assemblages, and to punish for the same; to prevent Quell riots,
and quell riots; to preserve peace and good order, and to Preserve peace.
protect the property of the corporation and of its inhabitants, Protect prop-
ert ;of any association, public or private corporation, or injnries"tosprfor
op-
congregation therein, and to punish for injuries thereto, or erty.
for unlawful interference therewith;
Second, To apprehend and punish vagrants, drunkards, Apprehend and
disorderly persons and common prostitutes; etc, vagrants,
Third, To prevent injury or annoyance from anything h lsance,
alth of
community.
F
yr r"
� F
t
16 CHARTED OF THE CITY OF LANSING. TITLE IV.
dangerous, offensive or unhealthy; to prohibit and remove
anything tending to cause or promote disease; to prevent
and abate nuisances, and to punish those occasioning them
or neglecting or refusing to abate, discontinue or remove the
same; and generally to determine and declare what shall be
deemed nuisances;
Disorderly, Fourth, To prohibit and suppress all disorderly houses
assignation and
gambling houses, and places, houses of ill fame, assignation houses, gambling
games. houses, and all places where persons resort for gaining, or
to play at games of chance, and to punish the keepers thereof;
Billiard tables, Ei f th, To regulate, license or prohibit and suppress bil-
ten pin bail alleys1eyg' liard tables, nine or ten pin alleys or tables, and ball alleys
and to punish the keepers thereof,
Gaming; des- Sixth, To prohibit and suppress every species of gaming
of blingion inst ug� and to authorize the seizure and destructic a of all instru-
mets and de-
vim. ments and devices used for the purpose of gaming-,
Places where Seventh, To regulate and suppress ale, beer and porter
liquors are Houses and all laces of resort for tippling and intemper-
ance, � P PP � g 1
ance, and to punish the keepers thereof and all persons as-
sisting in carrying on the business thereof, and to require all
such places to be closed on the Sabbath and upon each other
day during such hours of every night as the council shall
May limit the prescribe, and shall have power by ordinance to limit the
of sa-
loons. number of saloons or other places, except drug stores, where
any spirituous, malt, brewed, fermented, vinous or intoxica-
ting liquors are sold in said city, to any number not less than
one of such saloons or places for every one thousand inhabi-
tants of said city or major fraction thereof, as shown by the
last state or national census;
Selling
or Eighth, To prohibit and prevent the selling or giving
giving of spiritu-
ous liquors, etc., away of any spirituous, fermented or intoxicating liquors
to certain per- t0 any drunkards or intemperate person, minor or appren-
tice, and to punish any person so doing;
Sports, eahibl- Ninth, To regulate, restrain and prohibit all sports, ex-
bons, circuses,
etc. hibitions of natural or artificial curiosities, caravans, cir-
cuses, menageries, theatrical exhibitions, shows, and all ex-�,
hibitions of whatever name or nature for which money or
other reward is in any manner demanded or received,lectures
j on historic, literary, moral or scientific subjects excepted;
Sabbath day; Tenth, To prevent and punish violations of the Sabbath
disturbance of
religious or other
meetings.
i
I
I ts�•.
18 CHAPTER, OF THE CITY OF LANSING.
TITLE j V.
authorize the impounding and sale of the same for the pen-
Dogs, toes on. alty incurred and the cost of keeping and impounding;
Fourteenth, To regulate, license or prohibit the running
at large of dogs, to impose taxes on the owners of dogs and
Dog fights. to prevent dog fights in the streets;
Dead animals, I{'ifteen Prohibit anth, To p unwholesome or 1 y person from bringing and de-
offensive sub- positing within
stances. the limits of said city any dead carcass or
Destruction of. other unwholesome or Offensive substances, and to require
the removal or destruction thereof. If any person shall have
on his premises such substances or any putrid meats, fish,
hides, or skins of any kind, and on his failing to remove the
same, to authorize the removal or destruction thereof by
some officer of the city;
Taverns, saeoous, Sixteenth, To regulate and license all taverns and houses
etc.
License.Regulation. of public entertailuzient, all saloons, restaurants and eating
houses;
vehicles. Seventeenflt, To license and regulate all vehicles of every
License.
Regulation. kind used for the transportation of persons or property for
hire in the city;
mea s, fi h'of Eiglzteenttr. To provide for and regulate the inspection
otherefoodand and sale of meats, poultry, fish, butter, cheese, lard, vege-
Products. tables, flour, meat and other provisions, to regulate the fees
Butchers' to be paid by butchers for licenses: Provided, That nothing
licenses.
herein contained shall authorize the common council to re-
strict the sale of fresh and wholesome meats by the quarter,
weights and
within the limits of the city;
Inspection Nineteenth, To regulate the inspection, weighing and
measures• measuring of brick and lumber, fire wood, coal, hay, and
any article of merchandise;
Inspection and Twentieth, T sealing of o provide for the inspection and sealing of
weights and weights and measures;
measures.
Enforcing proper Twenty-first, To enforce the keeping and use of proper
weights and
measures. weights and measures by venders;
Construction, re- Twenty-second, To Pair and use of regulate the construction, repair and
sewers, cisterns use etc. I
sewers, etc.
of vaults, cisterns, areas, hydrants, pumps,
gutters; sewers and
Indecent es- Twenty-third, To prohibit and prevent in the streets or
Sale or exhl- elsewhere in said city indecent exposure of the person, the
bition of in-
decent pictures, show, sale or exhibition for sale of indecent or obscene
etc. pictures, drawings, engravings, paintings, books or P am-
•
x
TITLE IV. CHARTER OF THE CITY OF LANSING. 19
phlets, and all indecent or obscene exhibitions and shows
of every kind;
Twenty-fourth, To regulate or prohibit bathing in the Bathing in
rivers, etc.
rivers, ponds and streams in the city;
Twenty-fifth, To provide for cleaning the rivers, ponds Cleaning
npoof
and streams of the city, and the races connected therewith, streams.
of all driftwood and noxious matter; to prohibit and pre- Preventing!i
n-
vent of the depositing therein of any filthy or other matter, proper matter
therein.
tending to render the water thereof impure, unwholesome Fining and
and offensive; to fill up a ow g p all l rounds or lots covered or draining of low
grounds.
partially covered with water, or to drain the same, as they
may deem expedient; ?
Twenty-sixth, To compel the owner or occupant of any unbeaithfui or
unwholesome
grocery, tallow chandler shop, soap or candle factory, butcher places or houses,
shop or stall slaughter house stable barn privy, sewer, or ebatemleansieg and j
1 , 5 , , > > > abatement there-
other offensive, nauseous or unwholesome place or house, to of.
cleanse, remove or abate the same, whenever the council shall
deem it necessary for the health, comfort or convenience of
the inhabitants of said city;
Twenty-seventh, To regulate and prohibit the buying, sell- rlreworks,
pistols, blank cartridges gunpowder,
ing and using of gunpowder, toy p > combustible
.giant crackers, fire crackers, cannon crackers, dynamite material.
Buying, selling,
crackers, torpedoes, fireworks and all other combustible or using of.
explosive materials and the exhibition of fireworks and the Fi esbltions in streets,
discharge of firearms, and to restrain the making or lighting etc.
of fires and the firing, setting off or explosion of gunpowder;
fire crackers, fireworks and all other combustible or explosive
materials, and to prohibit all practices, amusements and
doings in the streets and other public places in said city, {
having a tendency to frighten teams or horses, or dangerous
to life or property, and to punish persons indulging therein;
Twenty-eighth, To direct and regulate the construction Having tend'
.of cellars slips, barns private drains, rivies• ency to frighten
p , , ns sinks and p , p teams, or dan-
gerous compel the owner or occupant to fill up, drain, cleanse, property.to life or
onstruction
of
alter, relay or repair the same, or cause the same to be done c ,
cellars, barns, �
b some proper officer of the corporation, and to assess the drains etc.
y p p p � Filling, draining,
expenses thereof on the lot or premises having such cellar, cleansing pairing.
slip, barn, privy, drain, sink, or privy thereon; be assess may n
Twenty-ninth, To prohibit, prevent and suppress mock Premises.
Mock auctions,
.auctions, and every kind of fraudulent game, device or prat- fraudulent
games, etc.
y
r3
is
r;
71s
20 CHARTER OF THE CITY OF
LANSING. TITLE IV.
Prohibition and tice, and to punish all persons managing, using, practicing,
suppression of.
Punishment Of or attempting to manage, use or practice the same, and all
Persons engaged
in. persons aiding
m in the nianagernent or practice thereof;
Lotteries Thirtieth To prohibit, prevent and suppress all lotteries
Pesonsm, f main- for the drawing or disposing of money or any other property
taining.
whatever, and to punish all persons maintaining g
or managing the sarne or aiding �� directing
ing or managing ' in the maintenance, direct-
Solicitors far b g the same;
Passengers
baggage: and TlairtY-first, To license and regulate solicitors for passen-
gers or for baggage for any hotel, tavern, public house, boat
men, drivers, etc. Or rallr'OaCI; also dr'aylilen, carmen, trnCknlen,
porters, run-
License.
Hers,,
ers, drivers of cabs, hackney coaches, omnibuses, carriages,
Regulation of
sleighs, express vehicles, and vehicles of every other descrip-
tiprr compensation. , used and employed for hire, and to fix and regulate the
Paupers, care of.
amounts and rates of their compensation;
Thirty-second, To provide for th.e protection and care of
paupers and to prohibit and prevent all persons frorn bring-
ing to the city from any other place any pauper or other per-
Pnnisn for Son
bringingg to city, likely t0 become a Charge upon Said cit
to
therefor; y, and to punish
Census. Thirty-third,. To provide for taking a census of the in-
habitants of the city whenever the council shall see fit, and
to direct and regulate the same;
Ordinances. T7't HY-fourth, And further, the council shall have author-
Reguiations, ity to enact all ordinances, and to make all such regulations
consistent with the laws and constitution of the State, as
they may deem necessary for the safety, order and good
government of the city and the general welfare of the in-
etc., rights, habitants threof; but no exclusive rights, privileges or per-
mits not to be
granted. mits shall be granted by the council to any person or persona
or any corporation, for any purpose whatever;
Noxious.
weeds,. Thirty-fifth, And further, the council shall have author-
ity to require all thistles, burdocks, yellow docks, and other
objectionable weeds found growing on any public or private
6 occupant if on property within the city limits to be destroyed. But before
Private Prof- entering upon any private property for the purpose of de-
stroying the weeds mentioned herein, the council shall cause
a notice, written or printed, or partly written and partly
printed, to be served on the owner or occupant of said prop-
erty, requiring their destruction within five days after ser-
TITLE IV. CHARTER OF THE CITY OF LANSING. 21
.'ice of such notice. If no service of such notice can be had
upon the owner or occupant, then it shall be sufficient to
post the same in some conspicuous place on the prem-
ises, and the cost of removing such weeds shall be Expense or
removal assessed
paid from the city treasury and the Same assessed against to property.
the property in the next general assessment roll of the city;
Thirty-sixth, And further the council shall have authority Telegraph and
to license telegraph and telephone companies to erect poles pans gone cum-
in the streets and public places, and place necessary wire License or.
thereon, and to charge reasonable compensation therefor.
SEc. 19. The council may prescribe the terms and con-Council to fix
ditions upon which licenses may be granted, and may exact ec ms or licenses.
and require payment of such sum for any license as they
may deem proper. The person receiving the license shall,
before the issuing thereof, execute a bond to the corporation
in such sum as the council may prescribe, With one or more
sufficient sureties conditioned for a faithful observance of
the charter of the corporation and the ordinances of the
council, and otherwise conditioned as the council may pre-
scribe. Every license shall be revocable by the council at May revoke
pleasure; and when any license shall be revoked for non- same.
compliance with the terms and conditions upon which it was
granted, or on account of any violation of any ordinance
or regulation passed or authorized by the council, the person
`olding such license shall, in addition to all other penalties
_mposed, forfeit all payments made for such license. All
is
bonds required by this section and all bonds of persons en-
gaged in the sale of any spirituous, malt, brewed, fermented,
vinous or intoxicating liquors in said city of Lansing, except
druggists, as required by section eight of chapter one hun- lid
di
dred thirty-eight, the same being compiler's section number
five thousand three hundred eighty-six, of the compiled laws
p
of the State of Michigan of eighteen hundred ninety-seven, >,
may be executed by the principal, together with a surety surety coe ty. may
be 4'
company qualified to act as surety or guarantor, as provided liquorr deal ern
rs'
bond.
by law in other cases. C. L. '97, §5196.
SEC. 20. No license shall be ranted for an term beyond Terms of
g y licenses.
the first Monday in May next thereafter, nor shall any
license be transferable. And the council may provide for Failure to
unishment b risonment or both of an erson obtain a license,
p y fine or im p , , y p , punishment for.
f
i
b'
�x
}
22 CHARTED OF THE CITY OF LANSING. TITLE IV.
who, without license, shall exercise any occupation or trade,
or do anything for or in respect to which any license shall
be required, by any ordinance or regulation of the council.
All sums received for licenses granted for any purpose by
the city, or under its authority, shall be paid into the city
treasury on or before the last day of the month on which
they were received.
License, who SEc. 21. No person shall engage in or exercise the busi-
are to ness or vocation of tavern keeper, innholder, or saloon keeper
within the limits of said city until lie is first licensed as such
by the common council. All hotel or tavern keepers, inn-
holders or common victualers who shall keep a bar in con-
nection with their hotel, tavern, inn or common victualing
establishment, and all grocers, druggists and all other per-
sons who shall sell beverages by the glass or cup in their re-
spective establishments, which are usually sold in a saloon,
shall be deemed saloon keepers within the meaning of this
of
act, and shall be required to take a license as such.
powers
General f c couu-
SEc. 22. The common council shall have and exercise in
cti. and over said city the same powers in relation to the reg-
ulation of taverns, groceries, common victualers, saloon keep-
ers and others, as are now or may hereafter be conferred by
the general laws of the State upon township boards, or upon
corporate authorities of cities and villages, in relation to
tavern keepers and common victualers, and subject to the
same conditions and limitations; and the general laws of this
State now in force, or which may hereafter be enacted in re-
lation to the regulations of taverns, groceries and common
victualers, shall be deemed applicable to this city, unless
otherwise limited.
Control of SEc. 23. The common council shall also have power by
mill races, etc. ordinance or otherwise to require the owner or occupants
of any mill race within the said city to cover the same with {
bridges or arches to be constructed of such materials as the
common council shall direct, or they may direct the same to
be covered in the same manner that other public improve-
ments are directed to be made. j
Iaem. SEc. 24. Whenever the owner or occupant of any mill
race shall refuse or neglect, within such time as the common
council shall have appointed, to cover such mill race in the
1
8
TITLE IV. CHARTER OF THE CITY OF LANSING. 23
manner and with the materials by them directed, it shall be
lawful for the common council to cause the same to be done
at the expense of the city, and to recover the expenses
thereof, with damages at the rate of ten per cent, with costs
Of suit, from such owner or occupant.
SEc. 25. Where, by the provisions of this act the com- council may
impose penalties.
mon council have authority to pass ordinances on any sub-
ject, they may prescribe a penalty not exceeding one hull- remit of same.
dred dollars (unless the imposition of a greater penalty be
herein otherwise provided) for a violation thereof, and may
provide that the offender, on failing to pay the penalty im-
posed, shall be imprisoned in the city penitentiary for a term
not to exceed ninety days; and during the term of such ini-
prisonment male persons so imprisoned may be kept at hard Persons im-
prisoned may be
labor on the public grounds, streets, roads, sewers on
, drains, put it wok etc.
bridges or other property of the city, under such regulations
as the common council may by order prescribe, or such
penalties may be sued for and recovered with costs in the
name of the city of Lansing.
SEc. 26. No ordinance of the common council imposing published. to be
a penalty shall take effect until after the expiration of at
least three days after the publication thereof in a news-
paper published in said city.
SEc. 27. A record of entry made by the clerk of the said puai cation.
city or a copy of such record or entry duly certified by him
shall be prima facie evidence of the time of such publication,
and all laws, regulations and ordinances of the common coun- r it aProof f.
cil may be read in evidence in all courts of justice, and in all
proceedings before any officer, body, or board in which it
shall be necessary to refer thereto, either—first, from a copy
certified by the clerk of the city with the seal of the city of
Lansing affixed, or, second, from the volume of ordinances
printed by authority of the common council.
SEc. 28. Whenever the common council are required by noiestion of
law to make publication of any notices, ordinances, resolu-
tions or proceedings, in one or more newspapers of the said
city, it shall be deemed sufficient to publish the same in any
daily or weekly newspaper published in said city.
SEc. 29. On the last Tuesday in the month of April in settttl tim nt w with
each year the common council shall audit and settle the ac- etc.
24 CHARTER OF THE CITY OF LANSING.
TITLE IV.
counts of the city treasurer,
officers and persons Navin ' and the accounts of all other
Council to g claims against the city or ac-
make annual counts with it, and shall make out a statement in detail of
ananclal state- the receipts and expenditures of the corporation during the
meat.
preceding year, in which statement shall be clearly and dis-
tinctly specified the several items of expenditure by the com-
mon council; the objects and purposes for which the same
were made, and the amounts of money expended under each;
the amount of taxes raised for the general contingent fund;
the amount raised for lighting and watching the city; the
amount of highway taxes and assessments; the amount of
assessments for opening, paving, planking, repairing and
altering streets and buildings and repairing bridges; the
amount borrowed on the credit of the city, and the terms on
which the same was obtained, and such other information as
shall be necessary to a full understanding of the financial
concerns of the city. Said statement shall be signed by the
mayor and clerk, and filed and kept
office. by the clerk in his
Grant of
franchise.frranc SEC. 30. No franchise shall be hereafter granted to any
individual, company or corporation, unless by a two-thirds
vote of the aldermen elect.
Veto or ordinances, SEc. 31. No ordinance or resolution passed by the com-
mon council shall have any force or effect if, on the da
Of its passage, or the next day thereafter, the mayor, or
other officers legally discharging the duties of may
file in the office of the c or, shall
ity clerk a notice in writing,
suspend-
ing of the immediate operation of such ordinance or resolution.
Passage v to. same If the mayor or other officers legally exercising the duties
Of mayor shall, within twenty-four hours after the passage
of such ordinance or resolution
clerk his reasons , file in the office of the city
effect, nor have in writing why the same should not go into
any legal operation, ll at a
unless it sha
subsequent meeting of the common council be passed by a
majority of two-thirds of all the members of the common
council then in office, exclusive of the mayor, and if so re-
passed, shall go into effect according
o the termsIf such reasons in writing shall not be filed with thehclerk,
as above provided, such ordinance or resolution shall have
the same operation and effect as if no notice suspending the
TITLE IV. CHARTER OF THE CITY OF LANSING. 25
same had been filed with the city clerk; and no ordinance or
resolution of the common council, for any of the purposes
mentioned in this section shall go into operation until after
the expiration of twenty-four hours after its passage.
SEc. 32. It shall be the duty of the city clerk to COm- Notification. of
municate to the common council at its next meeting any veto.
paper that may be filed with him pursuant to the last pre-
ceding section.
SEc. 33. The common council shall have power to make Power to
contracts for the performance of any work to be done or make contracts.
any public improvements to be made in and for said city;
Provided, however, that whenever the common council shall
have decided upon the making of any public improvement
under the provisions of Title X or XI of this act, except in j
cases otherwise provided, it shall so declare by resolution
and the city engineer shall, with all convenient dispatch, ttegieode ue
determine as to the particular kind and estimate the quantity uintde ndgnsti-
antity
of materials to be used therefor, and estimate in detail the of ail materials
to be used in
probable cost and expense of such work, and of the materials mn nits improve-
to be used therein, and make a record thereof in his office,
and shall cause to be prepared, as far as necessary, plans and
.specifications for such work and improvement, and shall re-
port his determination and estimate to the common council.
When such plans and specifications have been submitted
the common council and adopted by it, the council shall,
except in the case of the cleaning and deepening of ditches
and gutters, the repair of streets and the construction and
repair of sidewalks, and other cases where a different method
of procedure is expressly provided in this act, advertise for
proposals for the furnishing of materials and for the per-
formance of such work, and may require all bidders to fur-
nish security for the performance of said proposals if the
bid is accepted, and also security for any contract awarded.
All bids submitted to the common council shall be pub- opened i pnblie.
licly opened by it, and the contract for the said improve-
ment shall be let to the lowest responsible bidder, but nothing
herein contained shall be construed to prevent the common
council from rejecting any and all bids. And provided Proviso, council
further, that the common council may by a two-thirds ma- mp ovementsblie
let
jority, order that any such public improvement be con- of ontractting
therefor.
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26 CHARTER OF THE CITY OF LANSING. TITLE IV.
structed by the city without the letting of a contract or con-
tracts therefor, in which case the city may proceed with the
construction in the manner provided, and all provisions re-
lating to assessments for the cost of such improvements and
the collection thereof and all provisions of this act relative
to the borrowing of money, bonding the city, or levying of
taxes for the payment of such cost, shall apply to the said
improvement so made.
But if any part of the said improvement or of the fur-
nishing of materials or labor therefor is let to a contractor,
it shall be in the manner herein provided.
Control over SEC. 34. The council, by a two-thirds vote of all the
railroads in the
city. aldermen elect of the city, shall have authority to permit
any railroad company to lay its tracks, and operate its
road, with steam locomotives, or other power in or across
the public streets, highways or alleys of the city, as the
council may deem expedient upon such terms and condi-
tions and subject to such regulations to be observed by the
company as the council may prescribe; and to prohibit the
laying of such track or the operating of any such road,
except upon such terms and conditions.
Idem. SEC. 35. The council shall have power to provide for and
change the location and grade of street crossings of any rail-
road track, and to compel any railroad company to raise or
lower their railroad track to conform, to the street grades,
which may be established by the city from time to time, and
to construct crossings in such manner and with such pro-
tection to persons crossing thereat as the common council
may require and to keep all in repair; also to require and
compel railroad companies using steam locomotives to keep
flagmen or watchmen at all railroad crossings of streets, and
to give warning of the approach and passage of trains
thereat; and to light such crossings during the night; to re-
quire railroad companies to place and maintain such gas,
electric, or other outside lights at stations as shall be desig-
speed of trains. nated by the common council; to regulate and prescribe the
speed of all locomotives and railroad trains within the city,
but such speed shall not be required to be less than four
miles per hour; and to impose a fine of not less than five,
nor more than fifty dollars upon the company, and upon any
TITLE IV. CHARTER OF THE CITY OF LANSING. 27
,,ngineer or conductor violating any ordinance passed in pur-
suance of this section.
SEc. 36. The council shall have power to require and Idem, ditches,
compel any railroad company, and any street railway com-
culverts, etc.
pally, to make, keep open and in repair such ditches, drains,
sewers and culverts along and under or across their railroad
tracks, as may be necessary to drain their grounds and right
of way properly, and in such manner as the council shall
direct, and so that the natural drainage of adjacent property
shall not be impeded; also to fence or wall up with stones
along the side of any street to which said railroad may run
parallel, and to repair any damage or injury which may have
been done to such street by any such railroad company, if
any such railroad company shall neglect to perform any such
requirement, according to the directions of the council, the
council may direct the work to be done at the expense of
such company, and the amount of such expenses may be col-
lected at the suit of the city against the company in a civil
action before any court having jurisdiction of the cause.
SEc. 37. The council may make such provisions as they neitef of poor;
shall deem expedient for the support and relief of poor per- director for.
sons residing in the city; and for that purpose may provide
by ordinance for the election or appointinent of a director of
the poor for the city, and may prescribe his duties and vest
.Lim with such authority as may be proper for the due exer-
cise of his duties.
SEc. 38. The council may at any time require any officer, New bonds may
whether elected or appointed, to execute and file with the officersuirea of
clerk of the city new official bonds, in the same or in such
further sums and with new or such further sureties as said
council may deem requisite for the interest of the city. Any
failure to comply with such requirements shall subject the
officer to immediate removal by the council.
SEc. 39. The common council shall have power to erect council may
gas, electric or other lights, and assess the expense thereof erect lights.
upon the particular property deemed by the common council
to be benefited thereby in the manner provided in title *Made title XI,
twelve* of this act: Provided, However, that the right of the Local Acts Isla,
State to lay water mains, severs, gas or other pipes in the Statesto laybt of
usual manner under the streets and alle s of the cit or to pipes n erect
y y poles in streets
reserved.
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28 CHARTER OF THE CITY OF LANSING.
TITLE VI.
erect poles and wires for electric lighting or telephone or
telegraph service along said streets or alleys or to contract
with individuals or corporations to do the same for the con-
venience of the State for use in connection with any of its
grounds or buildings in or near the city is expressly reserved.
Such right, however, shall be exercised under the same rules
and regulations as are established by the city for its own
poles, wires and pipes. All streets and alleys in which such
poles or wires are erected or under which such pipes are laid
shall be left in as good condition thereafter as when found,
and in case the city of Lansing shall at any time in the
future put its electric light, telephone or telegraph wires
under ground, the State shall do the sanne.
Street SEc. 40. The common council shall have power to cause
sprinklins,
the streets in said city to be sprinkled with water in such
manner as they by ordinance or resolution shall provide and
direct; and also to provide for the payment of the expense
thereof, and may if it so determines charge the expense of
Expense may be such sprinkling to the owners of the lands abutting the
assessedpertyb°t-streets sprinkled or the expense and benefit of such sprink-
ling may be charged and assessed to the property abutting
Upon such streets as a special tax after the expense of the
same has been determined, and the assessors of the city are
authorized to spread the same upon the tax roll whenever the
common council by resolution shall so direct, and the mode
of levying and collecting abutting taxes as provided in title
*blade titre XI, twelves
Local Acts Ib97, of this act shall be followed as near as may be in
p• 641. levying and collecting abutting sprinkling taxes.
City perectioten- SEC. 41. The common council of said city shall have I
Cit y> erection
and care cr. power to provide a city penitentiary where persons charged
with or convicted of offenses against the charter, by-laws
or ordinances of said city may be confined or imprisoned
until discharged by authority of law. Said penitentiary
shall be under the charge and supervision of the board of
police and fire commissioners hereinafter provided for.
Water-works and SEc. 42. The common council may
maintain and extend
electric iignts.
from time to time, as necessity may require, the water-works
and electric light plant heretofore established in said city,
and shall have such power and authority with reference to
pP y g
su 1 in such city and the inhabitants thereof with water
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TITLE IV. CHARTER OF THE CITY OF LANSING.
29
and with light as is or may be provided by law. The board M tiersof continue
of water-works and electric lighting, heretofore constituted p ratiion to ex
and appointed under the ordinance of the said city, passed spective terms.
July twelve, eighteen hundred ninety-two, is hereby con-
tinued until such time as the term of office of the members
constituting said board shall expire respectively, and at the
expiration of the term of office of each of such members the "'hereafter
mayor, by and with the consent of the common council, shall mayor to
appoint a member of said board, who shall be a qualified appoint.
elector of the said city, and who shall be a freeholder, to
membership in said board for the term of six years and until
his successor shall be appointed and qualified; said board
shall consist of one member from each ward, not more than onemeh embeivara.
three of whom shall belong to the same political party, and
fl,oshall have charge of the water-works and electric lighting
works of the said city, with all the powers and duties as the
common council shall from time to time by ordinance pre-
scribe: Provided, That any indebtedness incurred under this
section shall be subject to the limitations prescribed by sec-
tion fourteen of title thirteen of this act.
Sz c. 43. On or before the first meeting of the common ouMay ntaappoin nt In each
council in March in each year the common council may, year.
if they deem it expedient, appoint an expert accountant
whose duty it shall be to examine the accounts of the city D ti t of d
treasurer and the accounts of all other officers and persons
having claims against the city or accounts with it; and such
accountant shall make out a statement in detail of the re-
eeipts and expenditures of the corporation during the pre-
ceding year, in which statement shall be clearly and dis-
tinctly specified the several items of expenditures by the
common council, the object and purposes for which the same
t of money expended in each, the
were made, and the amoun
amounts of taxes raised for the general contingent expenses,
the amount raised for lighting and watching the city, the
amount of highway taxes and assessments, the amount of
assessment for opening, planking, repairing and altering
streets, and building and repairing bridges, the amounts
borrowed on the credit of the city, the terms on which the
same [was] obtained, and such other information as shall be
necessary to a full understanding of the financial condition
30 CHARTER OF THE CITY OF LANSING. TITLE IV.
of the city, with such suggestions as he may recommend with
reference to the methods of keeping the city accounts, and
shall report the result of such examination to the council
on or before the third Monday in March, and such reports
shall be published in such manner as the council may direct,
at least ten days before the annual spring election.
e alias ati�oof SEC. 44. No appointment shall be made of members of
office. any city board, on the police force of the city, in the engi-
neering department, fire department, electric light and
water-works department, street commissioners department,
or sewer department, on the ground of political partisan-
ship; but honesty, capacity and adaptation shall constitute
the rule for appointments in these and all other business
affairs of the city, and no removals shall be made of em-
ployes in these departments for political partisan reasons.
Contracts for city printing. SEc. 45. The common council shall have the power to
make contracts for the city printing and the publication of
the official proceedings of the council, and all such work
shall be open to competition and let to the lowest responsible
bidder, under such rules and regulations as the council may
see fit to prescribe.
Books, surveys, SEc. 46. All books, surveys, field notes, plats, plans, speci-
field notes, etc.,
to beipres c the fications, and other records of every description relative to
cityreserva-
tion of same. streets, sewers, public grounds or buildings of the present
city of Lansing, shall, together with all future surveys, sur-
veyor's field notes, plats, records, plans, profiles and other
papers connected with the public works of the city be care-
fully preserved as public records in the office of the city
engineer. All contracts for public improvements heretofore
lawfully entered into by any person with the city of Lansing,
or any legally authorized board or officers thereof, shall be
carried out and completed under the direction of the common
council.
Buildings and SEC. 47. The cit
grounds, acquisi- 3 ma y acquire, purchase and erect all
Bonn and disposi- such public buildings as may be required for the use of the
corporation, and may purchase, acquire, appropriate and
own such real estate as may be necessary for public grounds,
parks, markets, public buildings and other purposes neces-
sary or convenient for the public good and the execution
of the powers conferred in this act; and such buildings or
it
TITLE V. CHARTER OF THE CITY OF LANSING. 31
grounds, or any part thereof, may be sold, leased, mortgaged
and disposed of as occasion may require. j
SEC. 48. When the common council shall deem it for City nay hold
property for
the public interest, grounds and buildings for the city pris- public f use ty t
ohs, workliouses, hospitals, pest-houses; cemeteries, water- limits, And en-
force regulations
works and other necessary public uses may be purchased, relative to.
erected and maintained beyond the corporate limits of the
city; and in such cases the council shall have authority to
enforce beyond the city limits, and over such lands, build-
ings and property in the saine manner and to the same ex-
tent, as if they were situated within the city, all such ordi-
nances and police regulations as may be necessary for the
care and protection thereof, and for the xnanagemeut and
control of the persons kept or confined in such prisons, j
workhouses or hospitals. �
SEC. 40. The council shall have authority to lay out Parks, power of
' council over.
establish and enlarge, or vacate an([ discontinue, public
grounds and parks Avithin the city, and to improve, light and
ornament the same, and to regulate the care thereof, and to
protect the same, and the appurtenances thereof from ob-
struction, encroachment and injury from all nuisances. j
SEC. 50. The council shall afford all fire and police pro- pro cation twice
tection to property owned by the State and bestow such care State property.
and attention as they shall deem necessary upon the streets,
sswalks, sewers and drains located upon the streets and
avenues adjoining any of the State's buildings, parks or
grounds, and the State Board of Auditors shall annually
allow and pay just compensation therefor.
TITLE ti. : !
DUTIES AND COMPENSATION OF OFFICERS.
T'IlE MAYOR.
SECTION L The mayor shall be the chief executive officer Mayor, powers
and duties of.
of the city. He shall preside at the meetings of the council;
and shall from time to time give the council information
concerning the affairs of the city, and recommend such
measures as he may deem expedient. It shall be his duty to
exercise supervision over the several departments of the city
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32 CHARTER OF THE CITY OF LANSING. TITLE V.
government, see that the laws relating to the city, and the
ordinances and regulations of the council are enforced.
Conservator of SEc. 2. The inayor shall be a conservator of the peace,
the peace. and may exercise within the city the powers conferred upon
sheriffs to suppress disorders; and shall have authority to
command assistance from all able-bodied citizens to aid in
the enforcement of the ordinances of the council, and to
suppress riot and disorderly conduct.
Mayor with con- SEc. 3. The mayor may remove any officers appointed by
sent of council
may re him at any time by and with the consent of the common
point remove ap-
ive officers.
May suspend council and may suspend any policeman for neglect of duty;
policeman.Authority of he shall have authority at all times to examine and inspect
mayor to e$- t
amine books, he books and papers of any officer, agent, or employe of the
cers,etc not°ffi corporation, and shall perform generally all such duties Is
city. are or may be prescribed by the ordinances of the city.
Vacancy In SEc. 4. In the absence or disability of the niayor, or of
any vacancy in his office, the president pro tempore of the
council shall perform the duties of the mayor.
ALDERMEN.
Aldermen, SEc. 5. The aldermen of the city shall be members of
duties of. the couficil and ,attend the meetings thereof, and act upon
committees when thereunto appointed by the mayor or coun-
cil. As conservators of the peace they shall aid in main-
taining quiet and good order in the city, and in securing
the faithful performance of duty by all officers of the city.
May not all any No alderman shall be elected or appointed to any other office
other offices. in the city during the term for which he was elected as alder-
man.
Supervisors, SEc. 6. One alderman in each ward of said city shall be
what
e aldermen
to b . a member of the board of supervisors of the county of Ing-
ham for one year from and after the first Monday of April
next after his election, and as such shall exercise the same
functions, perform the duties and receive the same com-
pensation as supervisors of townships, and shall have and
exercise within his ward, the local powers, authority and
functions of supervisors of townships as now provided, or
Who to be sub- may hereafter be provided by law; and in case of vacancy
statute. by death of such supervisor, or by reason of sickness, or
4
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TITLE V. CHARTER OF THE CITY OF LANSING. 33
other disability to perform the duties of such local super-
visor of his ward, the associate alderman of the same ward
is hereby authorized to perform his duties until such dis-
ability shall cease. And a certificate of appointment from
the supervisor, or in case of his death or inability to give
such certificate, a certificate of the mayor shall be sufficient
authority to entitle such associate alderman to recognition,
if objected to, as the proper representative for his ward for
the time being, at any meeting of the board of supervisors
of Ingham county. Ile shall., in addition thereto, exercise he wbo to o ffi alth be
cer.
the duties and functions of health officer of his ward, and
by virtue of his office shall be the member from said ward
of the city board of health of said ward, and perform all the
duties as such member as provided in. title seven of this
act.
CITY CLERK.
SE c. 7. The city clerk shall keep the corporate seal and Clerk, duties and
powers of.
all the documents, official bonds, papers, files and records
of the city not by this act or the ordinances of the city in-
trusted to some other officer. 'He shall be clerk of the coun-
cil, shall attend its meetings, record all its proceedings,
ordinances and resolutions, and shall countersign and regis-
ter all licenses granted, and report the same, with the amount Amount of
licenses to be
thereof, to the auditor. Ile shall, when required, make and reported
to
uditor.
certify, under the seal of the city, copies of the papers and To make certi-
fied copies of
records filed and kept in his office, and such copies shall be records.
evidence in all places of the matters therein contained to the
same extent that the original would be. He shall possess
and exercise the powers of township clerk so far as the same
are required to be performed within the city; and he shall
have authority to administer oaths and affirmations. The Fees of.
clerkshall be entitled to a fee of fifty cents for each and
every license issued by him, to be paid by the.person obtain-
ing the same.
SEC. 8. The city clerk shall draw all warrants Upon the dr Clerk'an war-
uty to
aw
treasury for the payment of all claims duly allowed by the rant ntss fof any
pllay-
mc
common council, or for any and all moneys in said treas- claims.
urer's hands, whenever properly called for by said school
board, or its duly authorized representative, subject to the
3
34 CHARTER OF
THE CITY OF LANSING.
TITLE V.
requirement of this act designating the proper fund from
to which payment should be made. When any tax or money
hies amount report shall be levied, raised or appropriated, the clerk shall report
thereof to trews. the amount thereof to the city treasurer and auditor, stating
urer and audi-
tor, the objects and funds for which it is levied, raised or appro_
priated, and the amounts thereof to be credited to each fund.
clerl; to have SEc. 9. He shall exercise a
charge of books, general eneral supervision over all
vouchers, etc. officers charged in any manner with the receipt, Collection
and disbursement of the city revenues, and over all the prop-
erty and assets of the city; he shall have charge of all books,
vouchers and documents relating to the accounts, contracts,
debts and revenues of the city, not otherwise provided for;
he shall countersig°n and register all bonds issued, and keep
a. list of all property and effects belonging to the city, and of
all its debts and liabilities, and shall perforin such other
duties Pertaining j p g to his office as the coinnzon council may-re-
quire by resolution or otherwise.
Clerk to be S
sealer of Ec. 10. The clerk shall be the sealer of -tveiglits and
weights, etc• measures for the said city, and shall perform all the duties
Of township clerk, so far as the same applies to the sealing
of weights.
ordClein, to Publish SEC. 11. The clerk shall publish for one week in a news-
Paper printed in the city, all the ordinances passed by co n
inolimp council, for the violation of which any penalty may be
unposed.
CITY TREASURER.
duties and
Treasurer, SEC. 12. The city treasurer shall have the custody of
Powers of. all moneys, bonds, mortgages, notes, leases and evidences
of value belonging to the city, and shall collect all taxes
levied or assessed in the city, and for that purpose he shallsi
Bond of. I
give bonds to said city in such suin and with such surety or j
sureties as the common council shall require and approve;
and such treasurer shall also give to the treasurer of the
county of Ingham such further security as is or may here-
after be required by law of the several township treasurers
of the several townships of this State; the city treasurer
To a moneyshall pay no money out of the treasury except in pursuance
only n war_ and by authority of law, and on a warrant signed by the
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TITLE V. CHARTER OF THE CITY OF LANSING. 35
clerk and countersigned by the auditor, which shall specify
the purpose for which the amount thereof is to be paid, and
the fluid from which it is to be paid, and he shall keep an o°,ut opf ac-
accurate account of and be charged with all taxes and mon- moneys.
eys appropriated, raised or received for each fund of the city,
and shall keep a separate account for each fund, and shall
pay every warrant out of the particular fund constituted or
raised for the purpose for which said warrant was issued,
and having the name of such fiord endorsed thereon by the
auditor. For the purpose of the collection and return of all General late
taxes and the return Of property delinquent for the non- powers same as
p p } tl township treas-
payment of taxes, and for the purpose of suits for the col- ttret` 3
lection of taxes, the said treasurer, on giving the bonds or
surety so required, shall possess all the powers and perform �j
all the duties of the several township treasurers of this
State, as prescribed by law, and shall also perform such
other duties respecting the collection and return of taxes as
this act imposes.
SEc. 1.3. The treasurer shall render to the council an Monthly report
the first Monday of every month, and oftener if required,
a report of the amounts received and credited by him to
each fund; and on what account received and the amounts
paid out by him from each fund, during the preceding
month, and the amount of money remaining in each fund
on the day of his report. The books and accounts Of the To keep books
treasurer shall at all reasonable hours be open to the in- ton for inspec-
spection of any taxpayer of said city. The treasurer shall Annual report
exhibit to the common council at the last regular meeting
in the month of April a full and fair account of the receipts
and expenditures after the date of his, or the last annual re-
port, and also the state of the treasury, which accounts shall
be referred to a committee for examination, and, if found
to be correct, shall be filed and published.
I SEc. 14. The city treasurer shall keep all moneys in his Treasurer pro-
hibited from
hands belonging to the city separate and distinct from his using city
ys for
own moneys, and he is hereby prohibited from using, either oral beneiitper
directly or indirectly, the city moneys, warrants or evidences
of debt, or any of the school or library funds in his custody
or keeping, for his own use or benefit, or that of any other Treasurer's re-
person; and the city treasurer is hereby prohibited from contc r igned by
auditor.
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36 CHARTER OF THE CITY OF LANSING. TITLE V.
issuing any receipt for taxes or other moneys coming into
his hands as treasurer of the city without the saute has been
countersigned by the auditor. AIny violation of this section
shall subject him to immediate removal from office by the
city council, who are hereby authorized to declare the office
vacant and to appoint his successor for the remainder of his
term.
CITY ASSESSORS.
Assessors to SEC. 15. The annual assessment of property in the sev-
make annual
assessment of oral i-vards shall be made by the city assessors as herein pro-
Assessor whose vided, and the assessor whose term Sootiest expires, Shall be
term soonest ea-chairman of the board of assessors and shall have the control
pf"es to be
chairman
mem-
of
board an of tile, Nvork of said board under the direction of the common
board
bee of board of COu11Cll.
supervisors.
Duties and The assessor whose term of office soonest expires shall
compensation s- l y virtue of his office be a member of the board of super-
'1'o take assess-
ments and make visors of the county of Ingllanl, and as such member shall
rolls according
a designation exercise file SamB fUUCt10n5, perform the same duties and
and direction of
council. receive the same compensation as other members of said
Special assess- board of supervisors. It shall be the duty of the city assess
-
of rolls is be
made es board ors to severally take the assessments and make assessment
of assessors. '
rolls in such wards of the city as may be designated by the
common council, except that in making special assessment
Majority rolls the city assessors shall act as a board, a majority of
m keeat d to whom shall be competent to make and certify any special
certify assessment ordered by the council. It shall be the duty of
the common council at its first meeting in September or as
Designation of soon thereafter as practicable, to designate by resolution the
assessors of
several wards to Ward or wards in which the city assessors, naming them,
be made by
council byreso-
shall make the general assessments and assessment rolls for
lution at first the ensuing year.
council meeting g y
In September.
CITY ATTORNEY.
l city attorney,
duties of. SEC. 16. The city attorney, in addition to the other duties
prescribed in this act, shall be the legal advisor of the coun-
cil and of all officers of the city, and shall act as the attorney
and solicitor for the city in all legal proceedings in which the
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TITLE V. CHARTER OF THE CITY OF LANSING. 37
city is interested, and he shall prosecute for offenses against
the ordinances of the city.
'G
CITY AUDITOR.
t
Src. 17. The city auditor shall be the accountant of the city auditor, j
powers and
city, and shall enter upon his books the number of all duties of.
receipts issued by the treasurer for taxes or other moneys
belonging to the city, also the name of the person entered
in said receipt, with the amount of the same, giving each
fund designated in said receipt credit for the amounts noted
therein; he shall also countersign all the receipts issued.
He shall enter all orders issued by the clerk and allowed by
him in his books, charging the amount of the same to the
find on which said order is drawn. He shall keep a com-
plete set of books exhibiting the financial condition of the
city, with all its resources and liabilities, by funds in detail.
When any such fund or appropriation has been exhausted
by warrants drawn thereon, or by appropriations or liabili-
ties and expenses actually made or contracted for, and to
be paid out of such fund or appropriation, the auditor shall
advise the common council thereof at its next meeting. The
auditor shall open an account with the treasurer, in which he
shall charge said treasurer with the whole amount of taxes,
general and special, levied in said city; also the whole
amount in detail of all bonds, notes, mortgages, leases, rents,
interest and other moneys receivable, in order that the value
and description of all personal property belonging to the
corporation may at any time be known. He shall also keep
a list of all the property, real, personal and mixed, belonging
to the corporation, and of all its debts and liabilities, in
order that the amount of the moneys and liabilities of the
corporation may, at any time, be known at his office. The
auditor shall also open accounts with the treasurer, yin which
he shall charge him with all the moneys appropriated, raised
or received for each of the several funds of the corporation,
and credit him for all the warrants drawn thereon, keeping
a separate account with the debit and credit for each fund,
charging every warrant drawn to the account of the par-
ticular fund constituted or raised for the specific purpose for
i.
38 CHARTER OF THE CITY OF LANSING. TITLE V.
which such warrant is drawn, in order that it may be known
at his office when each fund has been exhausted, and what
balance, if any, may remain therein. The city auditor shall
countersign all orders for the payment of money out of the
city treasury, after having ascertained from the minutes that
it has been appropriated by the common council, and he shall
make a record of all orders so countersigned, and shall per-
form such other duties as the common council shall, by reso-
lution or ordinance, prescribe, and such other duties as are
prescribed by this act.
TIIE CITY ENGINEER.
Such powers and SEc. 18. The city engineer shall have and exercise within
duties as con-
ferred by law the city the like powers and duties as are conferred by law
upon county
surveyors. upon county surveyors, and the like effect and validity shall
Li
ke effect and v be given to his acts, surveys and plats as are given
offivalidity to 5en s official
To ialma ma>;e plats,acts.
To by law to the acts and surveys of county surveyors. IIe
�
aps, estimates, shall make all necessary plats, maps, surveys, diagrams and
etc. estimates, plans and specifications, required by the council,
boards or officers of the city relating to the public improve-
ments, buildings, grounds, and streets of the city, which
All to be filed in shall be filed by him in his office, and shall, at all times, be
his office and
open to inspee- open to the inspection of any citizen of said city, and have
made,eta be pub- the same validity and effect that usually appertain to public
lie records. records. The city engineer shall make all surveys required
for the laying out, construction, alteration, repair and im-
provement 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 common council, the superintendent of pub-
lie works, or by any other lawful authority of said city.
May appoint Said engineer may, subject to the approval of the common
assistants and council appoint such assistants under him as are required
discharge same � PP q
at pleasure. for the proper and prompt performance of his duties, and
discharge such assistants at pleasure.
i
TITLE V. CHARTER OF THE CITY OF LANSING. 39
CONSTABLES.
SEC. 19. The constables of the city shall have the like aow ersofn on-
powers and authority in matters of civil and criminal nature stables.
and in relation to the service of all'manner of civil and
criminal process as is conferred by law upon constables in
townships. They shall have power to serve all processes
issued for breaches of the ordinances of the city and shall
be ex-officio members of the police force of said city. They
shall obey all lawful orders of the mayor, aldermen, chief
of police and of the justice of the peace; and they shall
attend upon the court of said justice of the peace whenever
required so to do by the said justice of the peace. They
shall discharge all duties required of them by any ordinance,
resolution or regulation of the common council; and for any
refusal to perform any duty lawfully required of them every
constable shall be subject to a penalty of not less than five
nor more than fifty dollars; and he and the sureties upon
the bond to be filed by him as hereinafter required, shall
be liable to any person injured for any neglect or refusal
on his part to perform any lawful duty required of him.
Every constable, before entering upon the duties of his office
shall give such security for the performance of his duties To give security.
as is required of constables in townships and also such as
may be required by the common council of the city of Lan-
sing, and file the same with the city clerk. Each of said Compensation. ,'
constables shall receive a salary to be determined by the
common council of the city of Lansing prior to the first Mon- I
day in May of each year for the ensuing year, to be paid
monthly by the treasurer of said city in the same manner
that other salaries are paid. Said constables shall receive No fees In crim-
no fees nor perquisites for the performance of any duties Inai cases.
required of them as said constables in criminal cases, except
that in criminal cases and in cases brought for any breach of
the ordinances of said city for services performed outside
of the city, they shall receive from the city of Lansing, their Actual and neces-
actual and necessary expenses, to be allowed by the common berpaidpbyscity
council like other claims, nor in civil cases, either on account No fees for
service of pro-
of attendance on said justice court, or the service or execu- cess of court In
ity'
tion within the city of Lansing of any process issued out of c
1
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40 CHARTER OF THE CITY OF LANSING. TITLE V.
said court, and all such fees, if collected by said constables,
Pees to be paid shall be paid to said justice and by said justice into the
ury city trews treasury of the city of Lansing, and shall belong to and be
To file statement the property of said city of Lansing. Each of said con-
of expenses. stables shall keep a correct itemized account of all such ex-
penses, and of all fees in criminal cases which by the gen-
eral laws of this State he would be entitled to receive for
services rendered by him as constable, if compensation for
such service were not made by salary as herein provided;
and file a verified statement thereof with the justice of the
peace at the close of .each month. Said justice shall
examine the salve and shall certify thereon whether he be-
lieves the same to be correct, and transmit the same together
with the verified statement required of him by section thirty
of title five of this act, to the common council.
JUSTICE OIL TnE PEACE.
Justice entitled SEC. 20. The justice of the peace of said city provided }
to dockets,
records, etc. for in this act, shall be entitled to receive from the justices
of the peace, whose terms shall expire on the first Monday of
May, nineteen hundred three, all files, records and dockets
by them kept appertaining to their said offices; and said
justice shall be and is empowered to issue executions accord-
ing to law upon any judgments appearing upon said dockets
with the same effect as if said judgments had been rendered
by him; and any action or proceeding pending before any of
Proceedings said justices at the time their said terms of office shall expire
a y;, transferred. shall be transferred to the justice elected under this act, and
he shall have full jurisdiction to proceed with the same in
the same manner as said justices themselves might have
I.L9 `E' Jurisdiction. done. The said justice of the peace shall have and exercise
within the county of Ingham the same jurisdiction in crim-
inal cases, suits and proceedings as are or may be conferred
upon or required of justices of the peace by the charter of
the city of Lansing or by the general laws of this State.
Concurrent 3uris- He shall have original jurisdiction of all civil actions not
diction upon
actions on con- otherwise prohibited by law, wherein the debt or damages do
tract to$500.
not exceed one hundred dollars and concurrent jurisdiction
in all civil actions upon contract express or implied, 1
tI 'il
TITLE V. CHARTER OF THE CITY OF LANSING. 41
wherein the debt or damages do not exceed five hundred dol-
lars. He shall have such jurisdiction to hear, try and deter-
mine all actions arising within said city for the recovery of
the possession of lands under the provisions of chapter two
hundred eleven of the Compiled Laws of eighteen hundred
seventy-one and the acts amendatory thereto as is conferred
upon justices of the peace of townships to hear, try and
determine cases arising within townships under said chapter
and the amendatory acts: Provided, That in case of the in ease of ab-
absence, disability or disqualification of the said justice any Bence justice of
township of Lan-
,sing of the peace of the township of Lansing in said,sing may
� 1 p � preside.
county shall be qualified to act in the place of and for said
justice in the performance of any of the duties devolved
upon him under this act, and shall, when called upon by
Said justice or by the circuit 'udge So act; and while so act-Compensation of
justice from
ing shall be entitled to receive pro rata for the time he shall township•
so serve, the salary which would otherwise have been payable
to the justice elected under this act. The common council
may at any time grant a temporary leave of absence to said Temporary leave
of absence.
justice of the peace without loss of pay.
SEC. 21. The justice of the peace of the city shall file bonfile ds, etch' give
his oath of office in the office of the county clerk of. the
i county of Ingham, and in addition to the surety required by
general law to be given by justices of the peace, he shall,
before entering upon the duties of his office execute a bond
to the city of Lansing with one or more sufficient sureties to
be approved by the mayor of said city, which approval shall
be endorsed on said bond in a penalty of one thousand dol-
lars conditioned for the faithful performance of the duties
of his office as a police justice of said city, and to pay over
the moneys collected and to make his reports and verified
statements of his account as in this act required.
SEC. 22. The common council of the city of Lansing Council to pro-
shall provide and maintain heat, light and properly furnish etseetc. dock-
suitable rooms for the said justice of the peace, and shall
furnish all dockets and legal blanks necessary to properly
conduct his office; and shall pay to the said justice of the
peace a salary of twelve hundred dollars per annum, pav- salary of jus-
able monthly; he shall receive no fees or perquisites of any rice.
kind whatever for the performance of any duties connected
C
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42 CHARTER OF THE CITY OF LANSING. TITLE V.
with his office, except marriage fees; but all such fees as are
hereinafter provided to be by him taxed and collected in
civil cases, and all fees of the constables of said city for the
Fees, to whom service and execution in said city of civil processes issued
paid. out of said court, and all such fees as are by the general
laws of this State properly taxable by a justice of the peace
in criminal cases, shall be taxed and collected in like case by
the justice of the peace of the city of Lansing, and paid into
the city treasury within five days after they shall have been
Report each so collected. And said justice shall report on oath to the
month. common council at the first regular meeting thereof in each
month, a statement of the fees so collected by him in each
cause. In all cases where the complaint is made or other
process is issued at the instance of any city officer or private
Constables serve citizen, the said justice shall deliver all processes, civil or
complaints. ,
criminal, including commitments to the county jail and De-
troit House of Correction to said constables, who shall serve
Proviso. the same: Provided, however, That the said justice may,
in civil cases, if requested by the plaintiff, his agent or
attorney so to do, deliver the same to the sberiff, his deputy >
or to anv other constable of said county for service or, on
cause shown, may appoint in writing any competent person
to serve the same who shall make his return of service of
said process on oath and file the same with said justice,
and he shall be entitled to receive the same compensation
as is allowed to constables for the service of summons in
Orders Issued like cases. All orders issued by the Detroit House of Cor-
byse of to be cor-
rection rection upon the receipt of any prisoner from either of said
payable to of Lansing. city constables, shall be made payable to the city of Lansing.
Flues,
etc.,. to SEe. 23. All fines, penalties or forfeitures recovered
before said justice for violation of any city ordinance shall,
Justice to report when collected, be paid into the city treasury, and said jus-
to council.
tice shall report on oath to the common council, at the first
regular meeting thereof in each month, during the term for
which he shall perform the duties of such justice, the num-
ber and name of every person against whom judgment shall
have been -rendered for such fine, penalty or forfeiture, and
all moneys by him received for and on account thereof,
which moneys so received or which may be in his hands,
collected on such fine, penalty or forfeiture, shall be paid
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TITLE V. CHARTER OF THE CITY OF LANSING. 43
into said city treasury on the first Monday of each and h
every month during the time such justice shall exercise the
duties of said office, and for any neglect in this particular
he may be suspended or removed as hereinafter provided.
SEc. 24. It shall be the duty of said justice of the peace, Justices to ac-
count f
at the first regular meeting of the common council, in each il a tecl�oun-
of the months of August, November, February and May in
each year, to account on oath, before the common council
for all such moneys, goods, wares and merchandise, seized f
as stolen property, as shall then remain unclaimed in the Unclaimed stolen
office of said justice of the peace, and immediately there-property.
after to give notice for four weeks in one of the public news-
papers printed in said city, to all persons interested or stolen
property.
claiming such property: Provided always, That if any Proviso, dis-
position of
goods, wares, merchandise or chattels of a perishable nature, perishable goods.
or which shall be expensive to keep shall at any time remain
unclaimed in the office of said justice, it shall be lawful for
such justice to sell the saine at public auction, at such time,
and after such notice as to him and the said common council
' seem proper.
SEc. 25. It shall be the duty of the justice of the peace when may re-
store stolen
aforesaid, who may recover or obtain possession of any stolen property. g
I property, on receiving satisfactory proof of property from
1 the owner, to deliver such property to the owner thereof,
on his paying all necessary and reasonable expenses which
may have been incurred in the recovering, preservation, or
sustenance of such property, and the expenses of advertis-
ing the same, unless the attorney of the city or the prosecu-
ting attorney of the county of Ingham shall otherwise direct.
SEc. 26. It shall be the duty of the justice of the peace when may sell
unclaimed prop-
as aforesaid, to cause all property unclaimed after the erty at auction.
expiration of the notice specified in the last preceding
sec-tion but one of this act, money excepted, to be sold at public
auction to the highest bidder, unless the prosecuting
attorney of the county of Ingham shall direct that it shall
remain unsold for a longer period, to be used as evidence ,rf
in the administration of justice and the proceeds thereof
forthwith to pay to the treasurer of the said city; togetherV., q.,.
with all the money, if any, which shall remain in his hands, R°�
after such notice, as aforesaid, first deducting the charges of
said notices of sale.
,
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44 CHARTER OF THE CITY OF LANSING. TITLE V.
To try cases of SEC. 27. The justice of the peace of said city shall have
nances. of oral- full power and authority, and it is hereby made the duty of
such justice, upon complaint to him in writing, on oath, to
inquire into, and try and determine all offenses which shall
be committed within said city against any of the by-laws or
ordinances which shall be made by the common council, in
pursuance of the powers granted by this act, and to punish
the offenders, as by said by-laws or ordinances shall be pre-
scribed or directed; to award all process, take recognizances
for the appearance of the person charged, and upon appeal, I
Proviso, com- and to commit to prison, as occasion may require: Pro-
sec'natytsftor give vided, That any person making said complaint (except city
costs. officers) shall give security for costs in the same manner as
is required in criminal cases under the general laws of this
State, which security shall have the same force and effect,
and judgment shall be rendered against said complainant
and surety, and execution issued thereon, when the justice
shall be satisfied there was not reasonable cause for making
said complaint.
Warrants, issue SEC. 28. Whenever any person shall be charged with
and service of. having violated any ordinance of the common council, by
which the offender is liable in imprisonment, the justice of
the peace of said city, to whom complaint shall be made in
writing, and on oath, shall issue a warrant directed to the
marshal of the city of Lansing or to the sheriff or any con-
stable of the county of Ingham, commanding him forthwith
to bring the body of such before him, to be dealt with accord-
ing to law; and the marshal or other officer to whom said
warrant shall be delivered for service, is hereby required to
execute the same in any part of this State, where such
offender may be found, under the penalties which are by law
incurred by sheriffs and other officers for neglecting or refus-
ing to execute other criminal process.
l'. bees, to 0e paid SEc. 29. In every civil action or proceeding, except
to, on commence-
ment of suits. garnishment proceedings commenced in said justice court,
there shall be paid to said justice by the plaintiff, an entry
fee of one dollar and before the trial of any action or pro-
�' ceeding shall be commenced, such party shall pay a judg-
fment fee of one dollar in cases where the defendant shall not
appear and join issue, and two dollars in cases where issue
Mon
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TITLE V. CHARTER OF THE CITY OF LANSING. 45
is joined between the parties; but in case of non-suit before
commencement of trial no judgment fee shall be required;
proceedings in garnishment shall be treated as part of the
principal cause and no additional fee shall be required there-
for, except when an issue of fact shall be joined in respect
to the liability of any garnishee; in such case, a judgment
fee of two dollars shall be paid before such trial shall com-
mence. The fees provided in this section shall be in full
for all services and proceedings in said cause to and includ-
ing the issue of an execution upon the judgment therein, and
shall be taxed in favor of the party paying the same if he
be the prevailing party in the suit. The jury and officers' Sury, etc., fees,
fees provided by general law shall be paid in addition to the How paid.
foregoing fees. For all services and proceedings subsequent
to the issuing of an execution or for the purpose of staying
proceedings or removing causes to an appellate court,, there
shall be paid to the said justice the fees provided by law.
In all criminal cases where a fine may be imposed it shall
and may be lawful to include in the sentence such an amount
for costs as would be taxable under the general laws of the
State, in justices' courts and all such costs and fees and
moneys collected by such justice for or on account of the
business of his office, except as herein otherwise provided,
shall be paid over by said justice to the city treasurer as
hereinbefore provided. The fees of witnesses and jurors Witnesses and
in criminal cases shall be paid in the same manner as is now
provided by law for the payment of such fees by justices in
townships, and all fines imposed by the said justice for the
violation of any of the criminal laws of this State, except
such as are imposed as costs as aforesaid, shall be, by the
said justice of the peace, paid to the treasurer of the county
of Ingham as required by law. Except as herein otherwise Application of
provided, the general laws of the State with reference to jus- general lacy.
tice courts and justices of the peace shall be applicable to the
said justice of the peace and the court held by him. The justice may ap-
said justice of the peace shall have power to and shall Point clerk.
appoint some suitable person to act as clerk of said court
who shall receive such salary to be paid monthly, as the
common council shall from time to time determine; said
clerk shall hold his office during the pleasure of said justice
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46 CHARTER OF THE CITY OF LANSING. TITLE V.
and shall perform such duties in connection with said jus-
tice court as the said justice of the peace shall require, and
shall be in daily attendance upon said court and shall in
criminal cases make such report of the proceedings thereof
to the prosecuting attorney of the county of Ingham as is or
may be required by law of justices of the peace in cases
brought before them.
To present ac- SEC. 30. The justice of the peace shall k a just and
count of fees to h keep 1
council, true account of all fees which by law, he would be entitled
to receive for performing services in criminal cases if such
services were not compensated by salary as herein provided,
and at least fifteen days before the regular meeting of the
board of supervisors in January and October in each year,
he shall present to the common council a verified statement
of such account together with the statement of the constable's
account, certified by him as provided in section nineteen, for
Council
m nelland pie examination and approval; and the common council shall
pre-
sent tos. super- examine said accounts and may suggest corrections or
amendments thereto, and said accounts, when approved by y
the common council, shall be presented to the board of super-
visors at its then next meeting and the same shall be audited
and the amount justly due thereon, allowed as other bills of
justices of the peace and constables are allowed for similar
services. For the amount so allowed, a warrant shall be
drawn by the county clerk upon the county treasurer in
favor of the city of Lansing, and delivered to the treasurer
When
may appoints thereof. In case of examination of offenders by said jus-
stenographer. tice for offenses committed against the criminal laws of this
State where such justice has jurisdiction to examine and to
hold to bail only, it shall be lawful for said justice, on
motion of the prosecuting attorney, to cause an order to be
entered in the records of such court before or during the
pendency of said examination, appointing some suitable
stenographer to take down in shorthand the testimony of
such examination; and such stenographer so appointed shall
receive such per diem compensation for the time so expended
in taking such testimony and such price per folio for writing
out the same in longhand, as shall be fixed by the board of
supervisors, the same to be allowed and paid out of the treas-
ury of said county. ' I
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III ;�
TITLE VI. CHARTER OF THE CITY OF LANSING. 47
MISCELLANEOUS OFFICERS.
SEC. 31. All appointive officers in said city shall perform Other officers
such duties and file such security for the faithful perform- subject
to
ance thereof as the common council shall by ordinance or
resolution direct, the sufficiency of the sureties in each case
to be approved by the common council.
COMPENSATION OF OFFICERS.
SEC. 32. The common council shall annually determine Salaries, de-
the salary or compensation to be paid to the several officers o f.mination, etc.,
of said city. The salary, or rate of compensation of any
officer elected or appointed by authority of this act shall not
be increased or diminished during the year.
TITLE DTI.
a
BOARD OF POLICE AND FIRE COMMISSIONERS.
i
SECTION 1. The common council shall appoint, on the first Board of
police and fire
Monday in May in the year eighteen hundred ninety-three, commissioners.
or as soon thereafter as may be, six suitable persons, electors
of the city of Lansing, one from each ward, not more than One from each:
three of whom shall belong to the same political party, who ward.
shall constitute a board of police and fire commissioners for
said city; two of whom shall be appointed for one year, two
for two years, and two for three years, and thereafter two
shall in like manner be appointed annually to hold their
offices for the term of three years, on the first Monday in
May in the year nineteen hundred five and thereafter such
appointment shall be made by the mayor, by and with the
consent of the common council. Said board, or a majority
of them, shall have full power to try and determine all com-
plaints against the marshal, or any policeman or watchman
of the city, against the fire wardens, chief engineer, assist-
ant engineer, and all other persons employed in the fire
department of said city, and to remove them or any of them
summarily, or on conviction for insubordination, neglect of
duty, or violation of any ordinance, rules or regulations or
i
48 CHARTER OF THE CITY OF LANSING. TITLE VI. i
violation of any law of this State or city. The city clerk
shall be clerk of said board, and shall keep its records. Said
commissioners shall receive no compensation, and they may
be removed for the same causes'and upon the saine proceed-
ings as a member of the common council. Inn case any
vacancy occurs, the mayor shall in the same manner appoint
some person to fill the unexpired portion of the term.
Idem. Sf,,c. 2. Such board when convened for the purposes men-
tioned in the preceding section, shall be vested with the full
power to subpceria witnesses, issue warrants, compel the
attendance of witnesses, administer oaths, take and record
testimony, and to do such other acts as may be lawful to be
done by any court for the purposes mentioned in said see-
Appointment t101.
m a Sf,c. 3. The said board of police and fire commissioners
captain of police, shall have power to appoint a city marshal, a captain of
and other
officers. police, and such other officers and policemen and watchmen
with pay, and such number of policemen and watchmen
without pay, as the said board shall deem expedient: Pro-
vided, No greater number of policemen or watchmen with E
pay shall be appointed than shall be authorized by the com-
mon council, and the expenses therefor provided. In time
of special emergency or apprehended danger from riot or
other cause, said board may appoint as many, policemen with
or without compensation as they may deem expedient; said r
board shall have charge and supervision of the city peniten-
tiary, and shall appoint all officers necessary therefor, pre-
scribe their powers and duties, regulate the time and manner
that prisoners shall be kept at labor, and make such rules
and orders concerning the good government and regulations
of said penitentiary as they may deem necessary and proper;
said board shall also appoint one chief engineer and one
assistant engineer of the fire department, and as many fire
wardens as they shall from time to time deem necessary:
Provided, No other or greater number of firemen shall be
appointed by said board than the common council shall
authorize to be employed and paid. The marshal shall be
chief of police of the city, subject to the direction of the
council and board of police and fire commissioners. As J
peace officer he shall be vested with all the powers of sheriff
for the preservation of quiet and good order.
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TITLE VI. CHARTER OF THE CITY OF LANCING. 49
SEC. 4. Said board shall assume and exercise the entire rowers of the
control of the police force and of the fire department of said °art.
city. It shall have the custody and control of all public
property, boobs, records and equipments belonging to the
police and fire department, and shall have power to erect
and maintain all such lines of telegraph or telephone in such
places within said city as, for the purposes of police or fire
protection, the board shall deem necessary, whenever the
common council shall authorize the establishment of said j
telegraph or telephone line or lines, and provide for the costs
thereof.
SEC. 5. Any member of the police force or fire depart- official oath of
ment appointed by said board shall, before entering upon appointees.
the duties of his office, make and file with the city clerk the
official oath required by law. After filing said oath the
marshal, captain of police and policemen so appointed shall
possess all the powers of constables. They shall have the service of pro-
cess by police-
power to serve any warrant, order or process whatsoever, mcn, etc.
issued or directed by any justice of the peace, judge, court
or officer of the State of Michigan, in the execution of the
law of this State for the prevention of crimes and the pun-
ishment of offenders against the police laws and regulations
of the city or State.
SEC. 6. It shall be the duty of said board, and of the Duties of board
hpolice force hereby constituted at all times of the day and and appointees
�' � as to preserving
night, within the boundaries of said city, to preserve the etc public Peace,
public peace, to prevent crimes and arrest offenders, pursue
and arrest any person fleeing from justice, in any part of the
State; to make complaint to the proper officer or magistrate
of any person known or believed by them to be guilty of the
violation of the ordinances of the city or the penal laws of
the State; to guard the public health, to enforce all the laws
of the State, and all ordinances, orders and resolutions of the
common council of said city. No member of the board of
police and fire commissioners, or of the police force, shall
receive or share, under any pretense whatever, in any pres-
ent, fees, gift or emolument for police service other than the
regular salary and pay, and all money and fees received by
them shall be paid into the city treasury for the city.
ation
SEC. 7. The marshal, captain of police, policemen, chief marshal, police-
of
men, etc.
4
50 CHARTER OF THE CITY OF LANSING. TITLE VI.
engineer, assistant engineer, members of the fire department
and fire wardens shall receive such salary or compensation
as the common council shall prescribe.
Board to have SEc. S. The board of police and fire commissioners shall
custngines of all
fire have the custody and general supervision of the fire engines,
and other fire
property. buckets, horses, hooks, ladders, hose, public cisterns and
other conveniences for the extinguishment and prevention of
fires, and it shall be their duty to see that the same are kept
in order, and to see that the laws and ordinances relating to
the prevention and extinguishment of fires are duly exe-
cuted, and to make detailed and particular report of the
state of the department and of the conduct of the engineers
and firemen to the common council at such times as shall be
Board may prescribed by the common council; they may direct the man-
direct as to I
ringing bells, ner in which the bells or whistles of the city shall be tolled,
city. within the rung or blown, in case of fire, and may impose penalty for
tolling, ringing or blowing such bells or whistles at such time
in any other manner than during the fire or alarm of fire.
Regulations as to SEE. 9. The board may regulate and direct the construe-
safe deposits
for ashes, etc. tion of safe deposits for ashes, and may require the cleaning
out of chimneys, flues, stovepipes and all other conductors of
smoke, and upon the neglect of the owner or occupant of any
house, tenement, or building of any description having
therein any chimneys, flues, stovepipes or other conductors
of smoke, to clean the same after they shall have been
directed by said board so to do, the board may cause the
same to be cleaned, and the expense thereof shall be a charge
against the property, and shall, under the direction of the
council, be collected as other taxes.
Inspection of SEc. 10. For the purpose of enforcing any regulation or
buildings, etc.,
for the preven- ordinance of the common council relating to the prevention
Lion of area. and extinguishment of fires, the board of police and fire com-
missioners, or any officer appointed by them, may enter into
and examine all dwelling houses, buildings, and tenements
of any description, .and all lots, yards and enclosures, and
shall cause such as are dangerous to be put in safe condition,
and may inspect all hearths, fire-places, stovepipes, flues,
chimneys or other conductors of smoke, or any appurte-
nances or device in which fire may be used, or in which fire
may be applied, and remove and make the same safe at the
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TITLE VII. CHARTER OF THE CITY OF LANSING. 51
expense of the owner or occupant of the building in which
the same may be, and generally to exercise such powers and
duties as the common council shall deem necessary to guard
the city from the calamity of fire.
SEc. 11. The common council shall have power to remove Removal of
ber of board
any member of the board from office by a three-fourths vote. bymem common
council.
TITLE VII.
OF PUBLIC IIEALTII.
I
SECTION 1. The city physician, together with the super- Bo rdL. Irf he ltb.
C.visors of the several wards, shall constitute the board of health 4467.
of said city. 9"
SEC. 2. The said board of health shall have power, and Po e$s fnd
o.
it shall be their duty to take such measures as shall be
deemed effectual to prevent the entrance of any pestilential
or infectious disease into the city; to stop, detain, and exam-
ine for that purpose, every person coming from any place
infected, or believed to be infected, with such a disease; $
to establish, maintain and regulate a pest-house or hospital
at some place within the city, or not exceeding three miles
beyond its bounds; to cause any person not being a resident
of the city, or if a resident of the city, who is not an inhab-
itant of this State, and who shall be, or be suspected of being,
infected with any such disease, to be sent to such pest-house
or hospital; to cause any resident of the city infected with :
any such disease, to be removed to such pest-house or hos-
pital, if the health physician and two other physicians of the
city, including the attending physician of the sick person, 3
if he have one, shall certify that the removal of such resident
is necessary for the preservation of the public health; to
remove from the city, or destroy any furniture, wearing
apparel, goods, wares or merchandise, or other articles, or
property of any kind, which shall be suspected of being
tainted or infected with any pestilence, or which shall be in,
or likely to pass into, such a state as to generate or pro-
pagate disease; to abate all nuisances of every description
which are or may be injurious to the public health in any ;{
way, and in any manner they may deem expedient, and from i{
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52 CHARTER OF THE CITY OF LANSING. TITLE VII.
time to time, to do all acts, make all regulations, and pass
all ordinances which they shall deem necessary or expedient
for the preservation of health, and the suppression of disease
in the city, and to carry into effect and execute the powers
hereby granted. i
Report of
cases of infec-
SEc. 3. The owner, driver, conductor or person in charge
tious diseases to. of any stage coach, railroad car, or other public conveyance
which shall enter into the city, having on board any person
sick of a malignant fever or pestilential or infectious dis-
ease, shall, within two hours after the arrival of such person,
report in writing the fact, with the name of such person, and
the house or place where lie was put down in the city, to the
mayor or some member or officer of the board of health; and
Failure to any and every neglect to comply with these provisions, or
wake.
any of them, sliall be a misdemeanor, punishable with fine
and imprisonment.
Penalty for SEc. 4. Any person who shall knowingly bring or pro-
bringing infec-
tious diseases cure, or cause to be brought into the city any property of
into city. any kind tainted or infected with any malignant fever or
pestilential or infectious disease, shall be guilty of misde-
meanor, punishable by fine and imprisonment.
Duties of hotel SEc. 5. Every keeper of an inn or boarding house, or
keepers, etc.,
In regard to , lodging house in the city, who shall have in his house at any
eas
time any sick traveler, boatman or sailor, shall report the
fact and the name of the person in writing, within six hours
after he came to the house or was taken sick therein, to the
mayor, or some officer or member of the board of health;
epoetio B to oard every physician in the city shall report under his hand to
of health. one of the officers above named, the name, residence and
C, disease of every patient whom he shall have sick of any
'x
t, infectious or pestilential disease within six hours after he
Penalty for fail- shall have visited such patient. A violation of either of the
ure. provisions of this section or any part of either of them shall j
be a misdemeanor punishable by fine and imprisonment, the
fine not to exceed one hundred dollars nor the imprisonment
six months.
Dangerous SEc. 6. Whenever in the opinion of the common council
buildings, etc.,
removal of. any building, fence or other erection of any kind or any
part thereof is liable to fall down and persons or property {
may thereby be endangered they may order any owner or
1
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TITLE VIII. CHARTER OF THE CITY OF LANSING. 53
occupant of the premises on which such building, fence, or
other erection stands, to take down the same or any part
thereof, within a reasonable time, to be fixed by the order,
or immediately, as the case may require, and in case the
order is not complied with, cause the same to be taken down
at the expense of the city, on account of the owner of the
premises, and assess the expense on the land on which it
stood. The order, if not immediate in its terms, may be
served on any occupant of the premises, or be published in
the city papers, as the common council shall direct.
SEC. 7. The city clerk shall be the clerk of the board of who to be clerk
of board.
health, and shall attend the meetings thereof, and keep a
record of its proceedings, and such record, or a duly certified
copy of the same, or any part thereof, shall be prima facie
evidence of the facts therein contained, in any court or
before any officer.
SEC. S. The members of said board of health shall Pay of mem-
bers of board of
receive such compensation for their services as the Common health.
council shall deem reasonable, to be paid from the general
contingent fund of said city.
SEC. 9. 1lll fines imposed under this title shall belong, to
a Fines under this
the city, and when collected shall be paid into the city treas-tore, disposition
ury, and be devoted to the maintenance and support of the
pest-house, or of any hospital that may be hereafter estab-
lished by the city.
TITLE VIII.
iCEMETERIES.
SECTION 1. The city may acquire, hold and own such cem- Cemeteries,
etery or public burial place or places, either within or with- acquisition of.
out the limits of the corporation, as in the opinion of the
council shall be necessary for the public welfare and suitable
for the convenience of the inhabitants. The council may
prohibit the interment of the dead within the city, or may
limit such interments therein to such cemetery or burial
places as they may prescribe; and the council may cause
any bodies buried within the city, in violation of any rule or
ordinance made in respect to such burials,:to be taken up
mom
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54 CHARTER OF THE CITY OF LANSING. TITLE VIII.
and buried elsewhere. The council may also prescribe the
time and manner of removing any bodies from any cemetery
within the city, or from any cemetery grounds owned by the
city without the city limits.
Vacation old In case the council may desire to vacate any cemetery
cemeteries.. i
grounds belonging to the city, within the city limits, they li
shall so declare by resolution, which resolution shall state
the time limited for the removal of all bodies from said
cemetery grounds which shall not be less than two years,
nor more than five years, from the passage of such resolu-
tion. In case of the neglect or refusal of any person or
persons, olvning or occupying grounds in any such ceme-
tery, to remove the bodies interred on any such grounds,
with the furniture or fixtures thereon, within the time
limited by the resolution of the council herein specified, it
shall be lawful for the common council to cause any and
all such bodies, with the tombstones or other fixtures on or
around any lot or lots from which the same is taken, to be
removed to the cemetery grounds in use by the city, within
reasonable time thereafter at the expense of the city. The
city shall become possessed of any and all lots or grounds
in any cemetery vacated as herein prescribed by paying a
reasonable sum to the owner or owners for the property so
taken, which sum shall be determined, and the amount paid,
in the manner prescribed in this act for taking private prop_
erty for public use. As an off-set to any such sum so
allowed, in case where bodies have been removed by the city,
the council may charge the price of the lot in the new ceme-
tery to which any such bodies shall be removed, and pay the
balance in money: Provided, The price so charged for any
such lot shall be the regular schedule price thereof, as fixed
by the cemetery trustees: And provided further, That the
lots in the new cemetery to which any such bodies shall be i
removed shall be deeded to the persons legally entitled to
demand or claim the same whenever applied for, and the
officers of the city whose duty it is to execute such deeds,
.. shall be satisfied that they are making conveyances to those
legally entitled to claim title to such lands.
Disposition of SEc. 2. When the dead shall be fully removed from any
grounds $o cemetery ground owned by said city, it shall be lawful for
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TITLE VIII. CHARTER OF THE CITY OF LANSING. 55
the common council to sell and convey said grounds, and the
money received from the sale thereof shall be set aside by
said common council as a sinking fund to be applied to the
payment of the debt created against said city in the pur-
chase and adornment of the new cemetery grounds, known
as Mount Hope Cemetery, and in the event of payment of
said bonds by said city before the sale of any such cemetery `
grounds, the common council shall determine how such
money shall be disposed of.
SEc. 3. The council may, within the limitations of this liaising of funds
to purchase, etc.,
act contained, raise and appropriate such sums as may be cemetter
necessary for the purchase of cemetery grounds, and for the
improvement, adornment, protection and care of any ceme-
tery owned by the city.
SEC. 4. The common council may appoint three trustees cemetery
trustees, ap-
at their first meeting In May, eighteen hundred Seventy-five, pointment, etc.,
or as soon thereafter as may be, who shall be freeholders of
and electors in the city, and who, with the city clerk, shall G
constitute a "board of cemetery trustees." The three trus-
tees so appointed shall hold their offices for the term of three
years, except that, at the first appointment, one shall be
appointed for one year, one for two years, and one for the
term of three years from the first Monday in May, eighteen
hundred seventy-five, and annually thereafter one trustee
shall be appointed. The council may remove any trustee so
appointed for inattention to his duties, want of proper judo;
meat, skill or taste for the proper discharge of the duties
required by him or other good cause. The three trustees
shall receive no compensation for their services. The clerk
shall receive no additional salary as clerk of this board.
SEC. 5. The board of cemetery trustees shall appoint one organization
of their number chairman, and the city clerk shall be clerk and powers of.
of the board. The board of cemetery trustees shall also
have power, and they are hereby authorized, to appoint one
city sexton, who shall be subject to removal by said board for
neglect of duty, or other cause or causes, and who shall be,
in all matters pertaining to the care and management of said
cemetery and cemetery grounds, under control of said
board. Said sexton shall receive such salary as the common
council shall, by ordinance or resolution, direct. And the
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56 CHARTER OF THE CITY OF LANSING. TITLE VIII.
common council may, by ordinance, invest the board with a
such powers and authority as may be necessary for the care,
management and preservation of such cemetery and grounds,
the tombs and Inomunents therein, and the appurtenances
thereof, and in addition to the duties herein mentioned, the
board shall perforin such other duties as the council may
prescribe.
Duties of, care SEc. 6. Said board, subject to the directions and
ordi-
ofctoSementem
nances of the council, shall have the care and management of
any such cemetery or burial place or places, and shall direct
the improvements and embellishments of the ground; cause
such grounds to be laid out into lots, avenues and walks; the
lots to be numbered, and the avenues and walks to be
named; and the plats thereof to be made and recorded in the
Sale of lots by. office of the city clerk. The board shall fix the price of
lots, and make the sales thereof. The conveyances of such
lots shall be executed on behalf of the city, by the city clerk,
and be recorded in his office at the expense of the purchaser.
Rules for burial, SEe. 7. Said board shall direct and control all labor per-
etc., to be made r
by. formed in said cemetery, expend the money provided for the
care and improvement of the grounds, enforce the ordi-
nances of the city made for the management and care thereof,
and make such rules and regulations for the burial of the
�' ; dead, the care and protection of the grounds, monuments
and appurtenances of the cemetery, and the orderly conduct
i of persons visiting the grounds as may be consistent with
the ordinances of the city and the laws of the State.
ri what to constt- SEc. 8. All moneys raised from any public cemetery
tute cemetery
fund. authorized by this act, and all moneys received from the sale
tt of lots, or otherwise therefrom, shall be paid into the city
treasury, and constitute a fund to be denominated the ceme-
tery fund. Said fund shall not be devoted or applied to
any other purpose except the purposes of such cemetery. The
i'. when board to board of trustees shall report to the council annually on the
a;
report to coun-
CH. last Monday in April, and oftener when the council shall so
,xNsl.
require, the amount of all moneys received into and owing
the cemetery fund, and from what source and from whom,
�!< and the date, amount, items and purposes of all expenditures
and liabilities incurred, and to whom paid and by whom in-
curred, and such other matters as the council shall require
s:
TITLE VIII. CHARTER OF THE CITY OF LANSING. 57
to be reported, which report shall be verified by the oath of '
the clerk of the board. The board of cemetery trustees may may create fund
create a fund for perpetual repairs of particular lots in the fog' repairs'
following manner: Any person or persons may pay to the
board of cemetery trustees a sum of money, not less than
twenty-five dollars nor more than one thousand dollars, for
the purpose of keeping in order any lot or parcel of land in
such cemetery, and thereafter the interest obtained on such
sum from time to time, as occasion may require, shall be
expended on such lot or parcel of land for the purpose of
keeping in repair, by or under the direction of the board of
Cemetery trustees. The trustees Shall pay such Sums paid tO Treasurer to de-
posit sums in
them to the treasurer of the city of Lansing, who shall im- bank.
mediately deposit said sums of money in such savings bank
or banks or trust companies as said trustees shall direct,
which money shall be kept in special deposit on interest,
apart from all other moneys belonging to said cemetery
fund. No part of such deposit, except.the interest, which
shall accrue on such moneys, shall be drawn from such sav-
ings banks or trust companies, except for permanent invest-
ment in regular bonds of the United States, the State of
Michigan, the county of Ingham or the city of Lansing, and
such bonds shall be registered in the name of said treasurer
and of the board of cemetery trustees, or for the purpose of
transferring such moneys from one savings bank or trust
company to another. All moneys drawn from any savings moneys, how
bank or trust company from said perpetual repair fund shall
n.
be drawn by check, signed by the treasurer and countersigned
by a majority of the trustees, and not otherwise. To each
person making any such payment or deposit for the purpose
of keeping any lot in repair in any public cemetery author-
ized by this act, the treasurer shall give a certificate, signed
jby himself and a majority of the trustees, and to which the
city seal shall be attached, which certificate shall state the
amount of the deposit, the name of the person making the
deposit, the description of the lot for which the deposit was
made, and the covenant on the part of the city that the inter-
est of said deposit thereafter from time to time, as occasion
may require, shall be expended on said lot by said trustees
for the purpose of keeping said lot in repair, and the trus-
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58 CHARTER OF THE CITY OF LANSING. TITLE IX.
tees of said cemetery shall keep a record of such certificates
issued. But in no event shall the city of Lansing ever be
liable to pay the principal paid into said perpetual repair
fund.
Ordinances SEc. 9. The common council may pass and enforce all
cemeteries ordinances necessary to carry into effect the provisions
herein, and to control or regulate any cemetery or burial
place owned by the city, whether within or without the city
limits, and the improvement thereof, and to protect the same
and the appurtenances thereof from injury, and to punish
violations of any lawful orders and regulations made by the
board of cemetery trustees.
Iaom. SEC. 10. The council shall have power also to pass all
ordinances deemed necessary for the preservation and pro-
tection of any cemetery or burial place within the city be-
longing to or under the control of any church, religious
society, corporation, company or association, and for the
protection and preservation of the tombs, monuments and
improvements thereof and the appurtenances thereto.
TITLE IX.
i
MARKETS.
Markets, estab- SECTION 1. The common council shall have the power to
lishment, etc., of.
erect market houses, establish and regulate markets and
market places for the sale of meats, fish, fruits, vegetables
and other provisions and articles necessary to the sustenance,
convenience and comfort of the inhabitants, to prescribe the
time for opening and closing the same, the kind and descrip-
tion of articles which may be sold and the stands and places
to be occupied by the venders.
Regulation of. SEC. 2. The common council may adopt and enforce such
rules and regulations as may be necessary to prevent fraud
and preserve order in the markets, and may authorize the
y
immediate seizure, arrest and removal from the market of
Id any person violating its regulations, together with any arti-
cles in his or their possession, and may authorize the seizure
and destruction of tainted or unsound meats or other provi-
sions exposed for sale therein.
7
TITLE X. CHARTER OF THE CITY OF LANSING. 59
TITLE Y.
SEWERS, DRAINS AND WATERCOURSES.
SECTION 1. The common council may establish, construct sewers, etc.,
powers of coun-
and maintain sewers and drains whenever and wherever cii relative to.
necessary, and of such dimensions and materials, and under
such regulations as they may deem proper for the drainage
of the city; and private property or the use thereof may be
taken therefor, in the manner prescribed in this act for f
taking such property for public use. But in all cases where
the council shall deem it practicable such sewers and drains
shall be constructed in the public streets and grounds.
SEc. 2. The city engineer shall have supervision and city engineer to
supervise con-
charge of the construction and repair of all sewers and drains struction, etc.
whenever and wherever ordered by the common council.
SEc. 3. Whenever it may become necessary in the opin-
ion of the council to provide sewerage and drainage for the
city, or any part thereof, it shall be the duty of the city city engineer to
engineer to devise, or cause a plan of drainage to be devised, devise plan, etc'
for the whole city, or for such part thereof as the council
shall determine.
SEC. 4. Such plan shall, under the direction of the coun-General plan of
ain
cil, be formed with a view to the division of the city Into trictssawer ais-
main sewer districts, each to include one or more main or
principal sewers, with the necessary branches and connec-
tions, said districts to be numbered and so arranged as to be
as nearly independent of each other as may be. Plats or Plats or dia-
grams
diagrams of such plan when prepared, shall be submitted tbybcoun-
to the council for its approval, and filed in the office of the cii'
city engineer.
SEC. 5. Main sewer districts shall be subdivided into now ,Hain
special sewer districts, in such manner that each special dis- too districts
trict shall include one or more lateral or branch sewers con- snbaiviaea.
necting with a main sewer and such lands as, in the opinion
of the council, will be benefited by the construction thereof.
When deemed necessary, special sewer districts, to include
one or more local or branch sewers, and such lands as, in the
opinion of the council, will be benefited by the construction
thereof, may be formed of territory not included in any
main sewer district.
60 CHAPTER OF THE CITY OF LANSING. TITLE X.
Ibid. SEC. 6. The council may, however, provide for main or
trunk sewers, without reference to sewer districts.
In such case diagrams or plats of such Inain or trunk sew-
ers shall be recorded in the office of the city engineer, in the
book of sever records.
There shall also be kept posted in a book of sewer records
Abstracts of an abstract of all proceedings of the common council relating
proceedings. to any sewer, and the plans thereof. This provision shall
also apply to sewers heretofore constructed.
Costs and es- SEC. 7. The cost and expenses of establishing and making {penses, how
paid. any main or trunk sewers, constructed without reference to ?
sewer districts, shall be paid from the general sewer fund,
excepting such portion or portions thereof as the council
shall deem to be of benefit to private property, which prop-
erty shall be described and the benefits thereto be deter-
mined, assessed and taxed in the same manner as hereinafter
provided for other public improvements. Such part as the
council shall determine being not less than one-sixth of the
cost and expenses of any main district sewer, or of the cost }
of any lateral branch, or local sewer, constructed within a
special sewer district, shall be paid from the general sewer
fund, and the remainder of such cost and expenses shall be
defrayed by special assessment upon all the taxable lands
and premises included within the main or special sewer dis-
trict, as the case rnay be, in proportion to the estimated bene-
fits accruing to each parcel respectively from the construc-
tion of the sewer. Assessments according to the benefits,
as aforesaid, may be made without reference to any improve-
ments or building or buildings upon the land.
Diagram and SEC. 8. Before proceeding to the construction of any dis- 3 plat of sewer
districts to be trict sewer the city engineer shall cause a diagram and plat i
made. of the whole sewer district to be made, showing all the I
streets, public grounds, lands, lots and subdivisions thereof
in the district., the proposed route and location of the sewer, i.
and the depth, grade and dimension thereof, and shall make
an estimate of the cost.
notceaof ontin The city clerk shall thereupon give notice by publication
tention to eon- for at least five days in one of the daily newspapers of the
struct sewer.
city, of the intention to construct such sewer, and where
said diagram and plat may be found, for examination, and
J
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TITLE N. CHARTER, OF THE CITY OF LANSING.
61
of the time when the council will meet and consider any sug-
gestions and objections that may be made by parties inter-
ested with respect to such sewer.
SEC. 9. When the council shall determine to construct Determination of
council as to
any such district Sewer, they Shall so declare by resolution, sonsotstction of
designating the district, and describing, by reference to the
plat and diagram thereof mentioned in the preceding sec-
tion, the route and location, grade and dimensions of the
sewer, and shall determine in the same resolution what part
of the estimated expenses of the sewer shall be paid from the
general sewer fund, and what part shall be defrayed by
special assessment, according to benefits; and they shall
cause such plat and diagram, as adopted, to be recorded in
the office of the city clerk in the book of sewer records.
SEC. 10. Special asSessmentS for the construction of Sew- Sie vial ts, ass
how
ers shall be made by the city assessors in the manner pro- made.
vided in section six of title twelve* of this act for making *Changed see
special assessments, and shall be approved by the common zoca.i Acts iss�,
council and otherwise treated in the same manner as special P. 641.
assessments for public improvements, as provided in sectio"P
seven, eight, nine and ten of title twelve of this act.
SEC. 1].. When the owners of a majority of the ]ands property of
liable to taxation in any sewer district, or part of the city
which may be constituted a sewer district, shall petition for
the construction of a sewer therein, the council shall direct
the city engineer to construct a district sewer in such loca-
tion, and if the lands including the line of such proposed
sewer are not within any sewer district, a district shall be
f formed for that purpose.
In other cases sewers shall be constructed in the discretion
of the council.
SEc. 12. Whenever the council shall deem it necessary Private drains
be
for the public health, they may require the owners and occu- o derea.
pants of lots and premises to construct private drains there-
from to connect with some public sewer or drain, and
thereby to drain such lots and premises, and to keep such
private drains in repair and free from obstruction and nuis-
ance. If such private drains are not constructed and main-
tained according to such requirement, they may cause the
work to be done at the expense of such owner or occupant,
E
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62 CHARTER OF THE CITY OF LANSING. TITLE X.
V
and the amount of such expense shall be a lien upon the
premises drained, and may be collected by special assess-
ment to be levied thereon.
Private drains SEC. 13. The owners or occupants of lots and premises
may connect
with. sewers. shall have the right to connect the same at their own expense
by means of private drains, with the public sewers and
drains, under such rules and regulations as the common
council shall prescribe.
Owners of SEC. 14. The council may charge and collect annually
private Grains
liable to assess-
from persons whose premises are connected by private drains
ment, with the public sewers, such reasonable stun not exceeding
two dollars per year, as they may deem just, in proportion
to the amount of drainage through such private drain; and
such charge shall be a lien upon the premises, and may be
collected by special assessment thereon, or otherwise.
Ditches, etc., SEC. 15. Such part of the expenses of providing ditches
expenses of.
and improving watercourses as the council shall determine
may be defrayed by special assessment upon the lands and
premises benefited thereby, in proportion to such benefits.
Repairs of SEC. 16. The expenses of repairing public sewers, ditches
sewers, etc. and watercourses may be paid from the general sewer fund.
The expenses of constructing public sewers shall be defrayed
in the manner herein prescribed for paying the expenses of
the construction thereof.
Ordinances, for SEC. 17. The council may enact such ordinances as may be
care, etc., of
sewers. necessary for the protection and control of the public drains
and sewers, and to carry into effect the powers herein con-
ferred in respect to drainage of the city.
The state to SEC. 18. The board of State auditors shall allow the
share expenses
of sewerage of city of Lansing such sums as shall be just and in proportion
_State property.
to other assessments, as the proportion of the State towards
;! the construction of any sewer in any district in which is j
a situated any lot or block owned by the State, and the audi-
tor general, on presentation to him of any such account,
duly signed, shall draw his order on the State treasurer
s therefor.
'till
3
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TITLE YI. CHARTER OF THE CITY OF LANSING. 63
b
TITLE XI.
OF STREETS AND PUBLIC IMPROVE&IENTS.
SECTION 1. The common council shall have pourer to treat Council may
negotiate for
for and obtain release of the right of way of any street in- right of way
tended to be opened or laid out by them; and whenever any tidings a`t law.
person or persons owning the land through which a street is
intended to be opened, shall release to the city of Lansing the
right of way by deed or otherwise, and any such release shall
be recorded in the book of street records, by order of the
common council, the same shall become a public highway.
SEO. 2. The superintendent of public works shall be coin-Superintendent
of public works
missioner of highways for said city, and subject to the com-to be commis-
mon council, shall have the care and supervision of the high- waysr t high
powers and
ways, sidewalks, streets, bridges, lanes, alleys, parks, and duties as such.
public grounds therein not belonging to or occupied by the
State; it shall be his duty to superintend the repairing,
preserving, improving, cleaning, and securing of such high-
ways, sidewalks, bridges, lanes, alleys, parks and public
grounds, and to cause the same to be repaired, cleaned,
improved and secured, from time to time, as may be neces-
sary to regulate the roads, streets, highways, lanes, parks and
alleys already laid out, or which may hereafter be laid out,
and by direction of the council to alter such of them as shall
be deemed inconvenient, subject to the restriction contained
in this title: To cause such of the streets and highways in
said city as shall have been used for six years or more as
public highways and streets, and which are not sufficiently
described, or have not been duly recorded, to be ascertained,
described and recorded in the office of the city engineer of
said city, in the book of street records. And the recording
of such highways, streets, lanes, alleys or public grounds,
so ascertained and described, or which shall hereafter be
laid out and established by said common council, and so
recorded in the book of street records in the office of the city
engineer, by order of the common council, shall be presump-
tive evidence of the existence of such highway, street, lane,
` alley or public ground therein described. It shall also be
his duty, subject to the approval of the council, to divide
64 CHARTER OF THE CITY OF LANSING. TITLE XI.
said city, from time to time, into so many highway districts
as the common council shall direct by resolution entered in
its minutes.
Powers of corn- SEC. 3. The comilion council shall have power to cause
ell relative to
bridges, Pave- arches and bridges, wells, pumps and reservoirs to be built
ments, shade
trees,and the in any part of the city; to cause the grading, raising, level-
ln�
fling up of low
lilands. 1119, repairing, amending, paving, or covering Nvith stone,
plank, or other material, any street, lane, alley, highway,
public grounds, crosswalk or sidewalk, and to provide for
planting and protecting of shade trees along the sides of the
streets and public grounds in said city, and to cause any lots,
blocks or lands within said city on NA-deli, or any part of
which, water shall stand and become stagnant, to be raised,
filled up or drained. Whenever the common council shall
order any of the improvements that are mentioned in this
section, or any section of title eleven of this act, except the
construction or repair of sidewalks, and do not determine by
resolution that the expense of any such improvement shall be
defrayed by the city or ward, then such expense may be
Expenses for the assessed and levied upon the lots, premises and subdivisions
same, how
defrayed. thereof which. are in ts, side-
front of or adjoining such stree
walks or other improvements that may be ordered by the
common council, or upon the lots, blocks, or lands which may
be in whole or in part filled up or drained; and the common
council shall have the power to make all by-laws and ordi-
nances relative to the mode of assessing, levying and collect-
ing any such tax and may provide by ordinance for assessing
such tax in the general assessment rolls of the city, Nvhich tax
shall be and remain a lien upon the land, and if not paid,
the land may be sold therefor in the same manner as pro-
vided for ordinary city taxes: Provided, That no lands or
property belonging to the State shall be liable to taxation
l' ' under any of the provisions of this act: And Provided fur-
ther, That-where the grade of a street or sidewalk shall have
been heretofore, or shall hereafter be established, and im-
provements shall thereafter be made by the owner or occu-
pant of the adjacent property in conformity thereto, such
grade shall not be changed without compensation to the
owner for all damages to such property, resulting therefrom, A
*Title XV111. to be ascertained by a jury as provided in title seventeen* of
this act.
TITLE XI. CHARTER OF THE CITY OF LANSING. 65
SEc. 4. The council may regulate the use of the public special powers
of the council
highways, streets, avenues, and alleys of the city, subject for the regula-
tion of business,
to the right of travel and passage therein. They shall have etc., the removal
of nuisances,
authority to prescribe the stands for all vehicles kept for and the impo-
hire or used for transportation of persons or property for t1eS n of penal-
hire; to designate the places where loads of wood, coal, hay
t` and other articles may stand for sale; to regulate traffic and
sales in the streets and upon the sidewalks, to regulate or
prohibit the display, use, or placing of signs, advertisements,
banners, awnings, posts, in or over the streets, and to regu-
late, prohibit or license the use of telegraph, telephone, elec-
tric light, or power poles, or wires, in or over the streets, or
of electric or power wires under the streets; to prohibit im-
moderate riding and driving in the streets or over bridges;
to regulate or prohibit all such sports, amusements, pro-
ceedings and gathering of crowds in the streets as may in-
terfere with lawful use thereof, or render travel or passage
therein inconvenient or unsafe; to prohibit and prevent the
running at large of horses, cattle, swine, dogs, geese, and
other domestic animals or fowls, in the streets, or elsewhere
in the city, and to impose penalties upon the owners or keep-
ers thereof, permitting the same, and to require and author-
ize the destruction of dogs found at large, contrary to the
ordinances of the city; to cleanse and purify the streets; and
to prohibit, prevent, remove and abate all nuisances therein,
and to require the authors and maintainers thereof to remove
the same and to punish them; and generally to prescribe and
enforce all such police regulations over and in respect to the
public streets as may be necessary to secure good order and
safety to persons and property in the lawful use thereof, and
to promote the general welfare; and in addition to all other
I powers herein granted, the council shall have the authority
and power to regulate and establish the line upon which
buildings may be erected upon any street, lane, or alley in
t said city, and to compel such buildings to be erected upon
such line by fine upon the owner or builder thereof, not to
exceed five hundred dollars.
SEc. 5. Whenever the common council shall determine lie mp o of pnb
that the whole or any part of the expenses of the public im- eedin'gsp when to
¢ rovement shall be defrayed b an assessment on the owners be borne by
p y y � property bene-
fited.
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66 CHARTER OF THE CITY OF LANSING. TITLE XI.
or occupants of houses and lands to be benefited thereby, they
shall declare the same by an entry in their minutes, and after
ascertaining, as they may think proper, the estimated ex-
pense of such improvement, they shall declare by an entry
in their minutes whether the whole, or what portion thereof
shall be assessed to such owners and occupants, specifying
the sum to be assessed, and the portion of the city which they l
deem to be benefited by such improvements; the cost and ex-
penses of making the estimates, plans and assessments inci-
dental thereto shall be included in the estimated expense of
Proviso, street Such improvement: .Provided, That in case of grading any
grading.
street either a majority of the residents of said city owning
property or the owners of lands having a major portion of
the frontage on any such street, or the portion of the street
to be so graded, shall petition for such grade. If, after the
survey and estimate of the expenses of said grade shall have
been made, and before a contract is entered into by said city
Remonstrance by for the grading of any such street, a majority of such prop-
majority of
property owners. erty owners and the owners of a major portion of the front-
age on such street shall remonstrate against said grade and
pay the expenses of the survey and its estimates, such grade
shall not be made unless petitioned for again, and then not
until after one year froin said first petition.
Special assess- SEc. 6. Pursuant to the order of the common council,
ments for im-
provements, the assessor shall thereupon make an assessment upon all
making. of the owners or occupants of lands and houses within the por-
tion of the city so designated, of the amount of expense in
proportion as nearly as may be to the advantage which each
shall be deemed to acquire by the making of such improve- j
ments, and shall make out an assessment roll in which shall I
be entered the names of persons and the description of the {
property assessed, and the amount assessed to each person
respectively; and in case any lots or parcels of real estate
shall belong to a non-resident, or the owner or owners are
unknown, the same shall be entered accordingly, with a de-
scription of such lots or premises, as is required by law in
assessment rolls made by supervisors of townships, with the
amount assessed thereon, which assessment roll shall be sub-
scribed by them and returned within two weeks to the com-
mon council of said city, unless such time be extended by
resolution of, said common council.
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TITLE XI. CHARTER OF THE CITY OF LANSING. 67
3
SEC. 7. Upon such return being made and filed, the clerk Notice of Same
of the city shall cause notice to be published in a daily news- to be advertised_
j paper of said city for at least five days, giving a general de-
scription of the section or the portion of the city determined
by the common council to be benefited by such improvement,
and that said council will at a time and place to be desig-
nated in said notice, meet and review said assessment roll.
SEC. 8. At the day appointed for that purpose, and such hearing to be
had on the same.
other days as the hearing shall be adjourned to, the com-
men council shall hear the allegations and proofs of all per-
sons who may complain of such assessment, and may rectify
and amend the said assessment list in whole or in part, or
may set the s<ai e aside and direct a new assessment, either
by the same persons or by such other person as the common
council shall appoint for that purpose; and in such case the
same proceedings shall be had as are herein provided upon
the first order of the assessment; or the said common council
may ratify and confirm such assessment without any correc-
tions, or with such corrections therein as they may think
proper. j?
SEC. 9. Every corrected assessment so ratified and con- cona'rmed
assessment roll F
firmed by the common council, as aforesaid, shall be final conclusive.
and conclusive. Within ten days after such assessment shall warrant of
have been so ratified, the mayor shall affix to such assessment mayor.
and tax roll, his warrant for the collection thereof, which
warrant shall direct the treasurer to collect the same on or
before the last day of such month as shall be prescribed by T ePire of tllast
the resolution of the common council, which time shall not
be less than forty days, and the said assessment and tax roll, cmonoof of
with the warrant of the mayor annexed, shall be delivered to special assess-
ments not to be
said treasurer within ten days aforesaid, who shall there- less than 40
1 days.
upon be authorized to levy and collect the same by distress
and sale of any personal property in possession of the person
chargeable with such tax: Provided, That if a majority of Pr visions of 41
the resident tax payers of this city, owning property in any
paving or sewer district wherein any paving or sewer shall
have been ordered pursuant to the provisions of this act, and
liable for taxation for any such paving or sewer, shall, prior
to the order of the common council directing the mayor to
attach his warrant to such tax roll for the collection of such
f
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68 CHARTER OF THE CITY OF LANSING. TITLE XI.
k
Extension for taxes, petition the common council for an extension of the
time of payment. time of payment of such taxes, it Shall be within the power
of the common council by resolution to extend payment as
How levied if follows: One-fifth shall be levied by the assessors of such
time extended. city upon the next succeeding tax roll, one-fifth in one year,
one-fifth in two years, one-fifth in three years and one-fifth
Interest on in four years thereafter; and such taxes, together with inter-
postponed taxes. est at the rate of six per centuln per annum thereon, shall
be collected by the treasurer of the city upon warrant of the
City to have mayor in the manner as herein provided. The city shall
lien. have a lien for the total amount of such taxes and interest,
which shall attach to the property liable for the same, from
and after the date of the warrant for the collection of the
first installment thereof, and shall reinain until all the iii-
stalhnents are fully paid. If the city shall have borrowed
If bonds issued, money and issued its bonds to pay for any paving or sewer
taxes paid to be
kept as special for which extension of the time of payment of taxes therefor
fund. has been granted by the common council, such taxes annually
paid as in this section provided, shall be received and kept
by the city treasurer in a special fund, to be known as. . . . . .
street paving, or . . . . . . sewer fund., and the taxes so col-
lected and placed to the credit of said fund, shall be used for
the purpose of paying the bonds issued for said paving or
sewer, and for no other purpose, and shall be applied as the
common council shall direct.
In case special SEc. 10. Should any special assessment prove insufficient
assessment is
Insufficient, may to pay for the improvement or work for which it was levied,
make sm nt ional and the expenses incident thereto, the council may within
the limitations prescribed for such assessments, make an ad-
ditional pro rata assessment to supply the deficiency, and in
case a larger amount shall have been collected than was
necessary, the excess shall be refunded ratably to those by j
whom it was paid.
Same a lien on Si c. 1.1. When any special assessment for public, local
the property; i
levy and sale for or other improvements, or for any other purpose authorized
non-payment, by this act, shall have been made, as in this act provided,
and the tax roll for the same shall have been delivered to j
the treasurer for collection, the same shall be a lien upon ( I
the premises upon which the same was assessed from and
after the date of the warrant, for the collection thereof, and
IN
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TITLE XI. CHARTER OF THE CITY OF LANSING. 69
E
the treasurer collecting such tax shall levy and collect the
same of any personal property in the possession of that per-
son chargeable with such tax, in the manner required by law,
and in case sufficient personal property cannot be found
whereon to levy and collect such tax, the treasurer shall,
within five days after the time prescribed by his said war-
rant for the collection thereof has expired, make a report to ;
the city clerk of the sum or sums, and interest, as the case
may be, due and so remaining unpaid, which lie was unable +
for want of such personal property, to levy and collect the
same, together with the description of the premises assessed
for such unpaid taxes; and the city clerk within five days
thereafter, shall in like manner notify the assessor of the
amount of such taxes, and the description of the premises
assessed and chargeable with such tax, who shall assess such
unpaid taxes on such premises, in the tax roll of the proper
ward next thereafter to be made. Peal property exempt
from taxation by law, or exempted by the board of review,
as hereinafter provided, shall, nevertheless, and with or with-
out valuation, be subject to taxation for special improve-
ments, the same as other property, as provided in section six
of this title, and such tax or taxes shall then be levied, col-
lected and returned, and the said premises may be sold or
forfeited for non-payment thereof, as provided by law for
the non-payment of the ordinary city taxes.
SEc. 12. It shall be within the power of the common common Council
may direct
i council to direct and empower the mayor and clerk to issue mayor and clerk
and negotiate for and in behalf of the city not exceeding six It.' for paving,
per cent annual interest notes, free of taxation, for the ag- etc.
gregate amount of any paving taxes, the time for the pay-
ment of which has been extended beyond the year of the
date of the original warrant for their collection, such notes
shall be made payable at the office of the city treasurer and to
fall due at such times as the council shall determine such
taxes can be collected, and the proceeds of said notes shall be
deposited with the city treasurer and by him disbursed on
the order of the council in payment of the cost and expenses
of any pavement on account of which they have been issued,
and for no other purpose whatever, and the proceeds of such
extended taxes, when collected, shall be used for the payment
of said notes and for no other purpose whatever.
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70 CHARTER OF THE CITY OF LANSING. TITLE XI.
E
Invalid assess- SEc. 13. Whenever any special assessment to defray the
ment roll may be
vacated and new expense of any improvement shall, in the opinion of the
assessment may
be made. common council, be invalid, said council may vacate and set
the same aside; and when any such special assessment shall
be so vacated, or shall be held invalid by the judgment or
decree of any court of competent jurisdiction, said council
may from time to time, until a valid assessment is made,
cause a new assessment to be Inade for the purpose for which
the original assessment was made, and in the manner pro-
vided for making the original assessment; and whenever the
tax or any part thereof, assessed upon any lot or parcel of
real estate by the original assessment, set aside or held invalid
as aforesaid, has been paid, and. shall not have been refunded,
it shall be the duty of the treasurer to apply said payment
upon the reassessment on said lot or parcel of real estate,
and to make a minute thereof, upon the new assessment roll,
and such reassessment shall, to the extent of such payment,
be deemed paid and satisfied, after which no part of the
amount paid on the original assessment shall be refunded
unless the amount paid as aforesaid, exceeds the amount of
the reassessment, in which case the excess shall be refunded,
and the person who paid the same shall be the person entitled
to the amount to be refunded. All the provisions of this act
making special assessments a lien upon the lots and parcels
of real estate enforced therein, and also those relating to the
collection of special assessments, shall apply to reassessments.
The provisions of this act shall apply to assessments hereto-
fore made as well as those which shall hereafter be made.
Warrant for SEc. 14. Whenever any special assessment shall not have
collection of taxes may be been collected within the life of the mayors warrant, affixed
renewed. to the assessment roll, and shall not have been vacated or
' held invalid, the mayor may affix a new warrant to such
assessment roll, extending the time for the collection of the
same so long as the common council shall direct, and may
continue to affix new warrants to any such assessment roll,
from time to time, under the direction of the common coun-
xal Penalty for non- cil, until the assessment is collected or returned. And.when-
payment. ever any special assessment roll shall be hereafter ratified
b and confirmed, and the time of payment of such special
assessment shall not have been extended over a term of years
i
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TITLE XI. CHARTER OF THE CITY OF LANSING. 71
as provided in section nine in title eleven or other statute in
such case made and provided, and such special assessment
shall not have been collected within the life of the mayor's
first warrant, affixed to such special assessment roll, and shall
not have been vacated or held invalid, there shall be added to s
and paid and collected with such tax or assessment on each
particular parcel or description of land, or any undivided
share thereof, a penalty of one per cent per month or fraction
thereof, computed from the time of the expiration of the
mayor's first warrant affixed to such roll, Lentil paid or re-
quired by law to be returned as delinquent to the county
treasurer, and the penalty prescribed in section eight in title
twelve shall not apply to such special assessments.
SEC. 15. The board of State auditors shall allow the state to share
expenses of im-
city of Lansing such sum or sums of money as shall be in provements of
streets on which
proportion to the assessments upon adjoining property for '16 property
any improvements made under this title, upon any street
upon which any block or parts of a block of land belonging
to the State shall abut, and the auditor general, on the
presentation to him of any such account, duly allowed shall
draw his warrant on the State treasurer therefor.
SEC. 16. The common council is authorized to assess the Liobllity of
non-resident
lands of non-residents, and unoccupied lands of said city lands pr tax
ve-
their just proportion of the expenses of all improvements mentsprove-
in said city in the same manner, and the amounts so assessed
may be collected in the same manner, as assessments for
improvements on other lands.
It shall in all cases be the duty of the owner of every owners to keep j
sidewalks In re-
lot or parcel of land in said city to keep the sidewalks ad- pair snow clear
a ice.
joining his lot or piece of land in good repair, and also to
remove and clear away all snow and ice and other obstrue-
tions from such sidewalks and it shall be his duty to build
sidewalks in front of or adjoining his premises. If any
owner shall fail or neglect to construct a sidewalk adjoining Ifct wton rs n g
his lot or parcel of land, within such time, not less than ten ayconstruct council
. days, as the common council shall by resolution determine, and assess to
property.
after the same shall have been ordered by the common coun-
cil, or shall fail to keep the said sidewalk in good repair,
the common council may, without further notice, cause the
same to be done, and said construction or repair may be paid
Milli
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72 CHARTER OF THE CITY OF LANSING. TITLE XI.
for out of the contingent fund of the city, and the council
may assess such expense as a special tax on such lands in the
next general assessment rolls of said city, and such amount
so added, shall be a lien on the premises in the same manner
as the tax to which it is added, and may be collected and
enforced, and. if not paid or collected, the land may be sold
therefor in the same manner as for general city taxes, and
such owners so failing and neglecting to keep such sidewalk
in repair, shall be liable in an action brought by the city for
4
all damages which the said city may have paid to any person
who may have suffered any injury to himself or property by
reason of such non-repair. All sidewalks built shall be made
of such material, and be constructed in such manner and of
such width, as the common council shall, by a general ordi-
nance, resolution or otherwise direct.
The common council shall have power to provide by ordi-
nance for the construction and repair of sidewalks by general
contract, or in such other manner as it shall determine.
Limit of amount Src. 1.7. In all cases of special assessments for local im-
of special assess-
ment b done.ls provements, no orders or warrants shall be issued that will
in the aggregate exceed the total expense of such improve-
ment, and in no case shall orders be issued while the work is
in progress, to a greater amount than three-fourths of the
expense made at the time of issuing the same, to be aseer-
tained from the sworn estimates of the city engineer or other
person employed by the common council for that purpose, "
and no orders shall be paid except out of the fund provided
g therefor. In case of any reassessment the whole amount so
reassessed shall not exceed the whole amount necessary to
ii defray the expense of the improvement for which such re-
assessment is made, with the accumulated interest thereon.
Whenever orders are issued for partial payments on a con
-
11, when no money tract, for which a special fund is created, and there is no
'"li funa.sp�iai money in such fund, the city treasurer shall, upon the pre-
sentation of such order by the contractor or his assigns,
i' stamp upon the face of such order the date of presentation,
l f and a statement that such order will become interest bearing
after three months from such date, at a rate not exceeding
i six per cent per annum. Such interest shall cease after four
.', days from date of a notice by the city treasurer that there
�i
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TITLE XI. CHARTER OF TI3E CITY OF LANSING. 73
is money in the fund to pay such order; said notice may be
given to the contractor or his assigns, personally or by pub-
lication in any issue of a daily newspaper published in said
city.
SEc. 18. All bridges over the Grand, Cedar and Syca-Bridges, build-
ing and care of.
more rivers, and such other bridges as a majority of the
common council elect, shall by resolution determine, within
the limits of said city, shall be built and kept in repair by
and at the expense of said city.
SEC. 19. The common council is authorized to borrow on council may
borrow money
the faith of said city, such sums of money, not exceeding for bridge pur-
poses, public
seventy-five thousand dollars, for bridge purposes, and one buiiaings and
grounds, and °
hundred twenty-five thousand dollars for public buildings issue bonds of
and grounds, as they may deem necessary, for a term not the city'
exceeding twenty years, and at a rate of interest not ex-
ceeding six per cent, and for such purposes may issue the
bonds of the city, signed by the mayor and countersigned by
the clerk of the city in such form and sums as the common
council shall direct; such bonds shall be disposed of under Disposition of
the direction of the common council for a sum not less than such bonds.
their par value, and the avails thereof shall be applied for
the purpose for which such money was raised and for no
other purpose; but no such bonds shall be issued by the Win- Must be author-
Ned by vote of
mon council for such purposes unless the amount of such tax paying
bonds shall have been determined by a majority vote of the electors.
tax paying electors of the city voting thereon at a meeting to
be called and by a vote to be had and determined in the
manner provided for in section six, title twelve of this act.
The common council shall also have the right and is author-
ized, without such vote of the tax paying electors, whenever
they deem it for the best interest of the city to borrow on the
faith and credit of the city money in a sum not to exceed
one hundred twenty-five thousand dollars for the purpose of in�,OW for pav-
defraying the expense of paving any street or streets in said $100,000 for
city, and the sum of one hundred thousand dollars for the sewers'
purpose of defraying the expense of constructing any sewer
in said city, as well as that part of the expense which it is
` determined that the city at large shall bear as that portion of
I the expense assessed to adjoining or abutting property, or
property deemed to be specially benefited, the time of pay-
t;3
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TITLE XI. CHARTER OF THE CITY OF LANSING. 75 PI
of Lansing to any street, lane, alley, common, public square
or other public property in said city, or any part thereof, by
reason of lapse of time, encroachment, enclosure or adverse
possession of the same.
SEC. 22. In all cases which have heretofore arisen, or In case of illegal
proceedings,
may Hereafter arise, where any public improvement upon council may in-
any street, or the construction of any public sewer, has been seea,teg.. w pro-
commenced under color of any authority from the common
council, and the same shall have failed of completion because
of any incurable legal defect in any of the proceedings taken
in the inception or prosecution of such public improvement,
or in the inception or prosecution of the construction of such
public sewer, which defect invalidates the whole proceedings
in relation thereto; or because of any such defect any levy
on, or distress of, property to collect an assessment made for
the purpose of defraying the expense of such public improve-
ment, or the expense of the construction of such public sewer,
shall be set aside and adjudged void by a court, and jndg-
ment shall be rendered against the city, requiring money to
be paid by said city at large, the common council shall have
full power, and. it shall be its duty, to institute new proceed-
ings for the purpose of completing such public improve-
went, or such public sewer, and for levying and collecting
all necessary assessments for the purpose of defraying the
expenses thereof and of all moneys legally paid or required
€ to be paid, by said city at large in relation thereto.
SEe. 23. Such proceedings shall be instituted and prose- New proceed-
cuted in relation to such public improvement, or such public snm t be nman as
sewer, in the same manner as if no proceedings had pre- old.
viously been instituted for the same purpose, and all ex-
pense of and incident to said assessment shall be assessed
upon that portion of said city which the common council
may deem benefited by such public improvement or public
sewer; and out of the money collected from such assessments,
the city shall reimburse itself on account of the money paid,
or required to be paid by the city at large, mentioned in the
preceding section: Provided, That in any such Subsequent proviso.
assessment all persons who shall have paid any previous
assessment for the same public improvement or public sewer,
and such assessment shall not have been refunded by the city,
I
76 CHAPTER OF THE CITY OF LANSING. TITLE NII.
b
or judgment obtained against the city on account of the
same, shall be credited therefor upon such subsequent assess-
ment.
TITLE XII.
j
OF TAXES, FUNDS AND EXPENDITURES.
,Assessment, SECTION 1. The city assessors shall, before the fourth
time of making. Monday in May in each and every year, make and complete
the assessment of all the real and personal property within
the several wards in the same manner, as near as may be,
as is required by law for the assessment of property in the
several townships of this State, and in so doing shall in all
respects, unless when otherwise in this act provided, con-
form to the provisions of law governing the action of super-
visors in the several townships of this State in the assessment
of property and levying of taxes.
pAssessment on SEC. 2. For the more effectual assessment and collection
landarts aid State of taxes upon such State lands, whether primary school,
State building lands, or otherwise, lying within the limits
of said city, as shall have been or shall hereafter be sold by
the State, upon which the purchase money has not been all
paid, and the title to which remains in the State, it shall be
the duty of the city assessors, at least thirty days before the
time prescribed in this act for completing the assessment
rolls, to apply to the commissioner of the State land office,
and it shall be the duty of the said commissioner, on such
application, to make out and deliver to the said assessors a
correct list and description of all such State lands within the
limits of the said city, which list shall be filed by said assess-
Ors and kept in their office, and so much thereof as shall be
situated in any of the wards of the said city shall be entered
on the assessment rolls of such ward, under the title of "State
lands," and if occupied shall be assessed to the owner, occu-
pant or occupants thereof, but if not occupied, and the owner
be not known, shall be assessed as non-resident.
Board of review, SEC. 3. The supervisors of the several wards, together
duties of.
with the city assessors, shall constitute a board of review
{ of assessment and equalization. On the fourth Monday of
ry
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TITLE XII. CHARTER OF THE CITY OF LANSING. 77
f May of each year the board of review shall meet at the
common council room, and there proceed to review, equalize `
and correct the assessments made by the city assessors in the
several wards; and for that purpose said board shall have the
same power and perform the same duties in all respects as
supervisors of townships in reviewing and correcting assess-
ments made by them, and shall also have the power, and it
shall be their duty to equalize the assessment rolls of the
several wards of the city. Said boards shall continue in ses-
sion not more than six days for the purpose of completing
such review and equalization, during the fourth and fifth of
which any person interested may be present and make ap-
peals and be heard, but after which no assessment shall be I
increased. The board of review shall have the same power
to exempt the property of poor persons from taxation as
supervisors of townships, under the seventh subdivision of
section three of the general tax law. Notice of the time and Notice of
t
meeting.
place of any meeting of said board, for the purpose afore-
said, shall be given by the city clerk, by publication in one
or more of the newspapers of the city, and by posting notices
in three of the most public places in each ward at least one
week before the time for review.
SEc. 4. When the board shall have reviewed, corrected Assessment to be
certified by
and equalized the assessment rolls of the several wards, board of review.
they shall, in addition to the certificate required to be made
by the city assessors, add their own certificate to each roll;
signed by at least a majority of them, showing that they
have reviewed and equalized the rolls. The board of review Equalization of
shall have authority to equalize, alter, amend and correct assessments.
any assessment or valuation, and to place upon the assess-
ment roll of the proper ward any taxable property, real or
personal, not already assessed, held or owned by any person
or persons, and to strike from said roll any property wrong-
fully thereon. The concurrence of a majority of the board
shall be sufficient to decide any question in altering, cor-
recting or equalizing any assessment.
SEc. 5. The assessors in preparing the tax roll for De- iledescribing,
revaluing and re-
cember shall have power to redescribe, revalue and reequal- several equalizing seof
ize the several parts of any description of real property which of P description
ty
was assessed on the last tax rolls as one description, and to asses se one last
rollsI
i
78 CHARTER OF THE CITY OF LANSING. TITLE XII.
scription and
thereafter di- one owner, and with one valuation, and was thereafter di-
vided by sale or vided by sale or otherwise among arate owners. The
otherwise. > > to se p w
Equalized valu- equalized valuation of the several parts shall equal the
ationparts of several assessed valuation Of an description which included them
parts to equal y 1
assessed hole all On the last tax roll whereon the same was assessed. Per-
last roll where
assessed. sons interested may appear at the assessors office at any
Hearing of per- tinge before the first 1londay of November, and the assessors
sons interested
by assessors. shall hear and consider their statements. And their action
Action of assess- shall be as final, conclusive and binding as the acts of Boards
ors to have
same authority Of review in reviewing, correcting and equalizing general
as acts of
boards of review. assessments as hereinbefore set forth; and it shall be the
Taxes to be ear- duty e of the it assessors to Barr out State, count school
ried out against y y Y�
subdivided de- or other taxes against such Subdivided descriptions and the
scriptions. �
several, valuations thereof in the same mariner as if they were
original entries.
Council to de- SEc. 6. It shall be the duty of the common council, on
termine amount
of taxes. the fourth JAIonday in May of each year, or as soon there-
after as may be, to determine by resolution the amount
necessary to be raised by tax for the following general pur-
poses in said city, viz: Contingent expenses, fire department,
sewerage, paving, the erection of public buildings and the
purchase of lands therefor, cemetery, bridges, interest and
�3 sinking fund, delinquent tax, and general improvement fund,
and for paying any liabilities which may have been incurred
by said city. The common council may raise by tax to be
Limit of taxa- levied upon the real and personal property within said city,
I tion. such amounts so determined, not exceeding seven mills on the
dollar (exclusive of the principal and interest on the in-
debtedness of the city) on the assessed valuation of the real
and personal estate within the limits of said city, according
to the valuation thereof, taken from the assessment rolls of
that year, which amounts determined as aforesaid, shall be
Apportionment." apportioned among the several wards of the city, according
to the valuation of the property in the assessment rolls, as
equalized by the board of review of the city, provided for in
section three of this title, and the apportionment of the com-
lr! Proviso relative Mon council shall be entered at large on the record: Pro-
to increase. vided, That by a three-fourths vote of all the members elect
of the common council, they shall have power to increase the
i' aggregate amount so to be raised to one per cent on the dol-
i lr8t
t�
i.JJJJ.
SS
S`
f
TITLE NII. CHARTER OF THE CITY OF LANSING. 79
lar of the assessed valuation of the city; and the common
council, in addition to the other amounts herein authorized
to be raised, shall determine the amount necessary to be
collected in each ward respectively, for ward and highway
purposes, not exceeding four thousand dollars in one ward; Limit of amount
but all ward and highway taxes shall be placed to the credit highw y tad.
of and expended in the ward in which they may be collected,
and it shall be the duty of the assessors to levy the sums so
apportioned to the respective wards upon the taxable prop-
erty of each ward, in the same manner as taxes for township
purposes are required by law to be levied by the supervisors
of the townships of this State. It shall be the duty of the
city assessors to levy the sums apportioned to the respective
wards for State and county taxes, and such other taxes as
may be required by law, upon the taxable property of each
ward, in the same manner as taxes for township purposes ,
are required by law to be levied by the supervisors of the
townships of the State. Whenever the common council shall
deem it necessary to raise a greater sum in any one year than
the amount specified and limited in this section, they may
call a meeting of the resident tax-payers of said city, by Citizens' meet-
ing may increase
giving at least ten days notice in writing or printed hand- rate of taxation.
bill, to be posted up in six public places in said city, and by
publishing said notice in one or more of the newspapers pub- Notice of.
lisped in the city, which notice shall state the time and place
of said meeting, the amount of money to be raised, and the
purposes for which it is to be expended, and when said meet-
ing shall be held in pursuance of such notice, it shall be
holden from one o'clock p. In. and kept open until seven Time of holding
o'clock p. m. of the same day, and such tax-payers, by ballot, Bang g.
shall determine whether the money shall be raised for the
object specified in said notice: Provided, That such tax proviso to limit
voted at any such meeting shall not in any one year exceed taxation'
one per cent upon the assessed valuation of the real and
personal property taxable within the city, unless otherwise
i provided in this act; and at all such meetings the common
council shall appoint a board of inspectors from their own
numbers, to consist of not less than two members, who shall
open, conduct, close and determine the result in the same
manner that elections for city officers are conducted under or
by virtue of this act.
i
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80 CHARTER OF THE CITY OF LANSING. TITLE XIL
Tax rolls of SEc. 1. The city assessors shall make and complete tax
the city, when to II
be completed. rolls of the several wards of the city, and shall carry out in
appropriate columns opposite the several descriptions of land
in each ward, the amount due from each such description of
land for all taxes assessed for the year, except State, county
and school taxes, and shall deliver the same to the city treas-
Time for collec- carer on or before the third Monday in July of each year,
lion. with their warrant attached to each of said assessment rolls, I
under their hands, commanding the treasurer to collect
within ninety days, from the several persons named in said
rolls, the several sums mentioned in the last column of said
rolls opposite their respective names, and pay the same into
the city treasury to the credit of the several funds for which
the assessments are made. And the said warrant shall au-
thorize the city treasurer, in case any person named in the
assessment rolls shall neglect or refuse to pay his tax, to levy
the same by distress and sale of goods and chattels of such
Notice of de- person. And when such tax rolls are delivered to the city
livery to be
published. treasurer, as aforesaid, he may notify the taxpayers of the
city by publishing such notification in one or more of the
newspapers published in the city for at least five days, and
after such notification it shall be the duty of each and every
person against whom taxes aie assessed to pay the same at
the office of said city treasurer.
Taxes a lien on SEc. 8. The taxes so levied for city and ward purposes
property.
shall be and remain a lien upon the property on which the
same was levied from and after the third Monday in July,
' in like cases, and to the same extent, as taxes, required by
law to be levied on property in the several townships in this
Treasurer to State are liens upon property, and on the first Monday of
make return on
first Monday in November after the expiration of the time named for the col- �
November. lection of such taxes in the preceding section, the city treas-
urer shall return a list of all such unpaid taxes to the com-
mon council, and the common council shall direct the city
assessors to carry into the next assessment roll for State, i
Penalty of 10 per county and school purposes, all such delinquent taxes so re-
ce„1 n .
Delinquent taxes, turned, with a penalty of ten cents for each dollar of the
law to apply to. sum total of taxes assessed to each particular description of
I land, and of each assessment of personal property which
I'9 penalty shall be carried out opposite to each such particular
4i� fe
l�
�i
i Gl 1
dal
TITLE YII. CHARTER OF THE CITY OF LANSING. 81 i
description of land or of personalty in a column provided
for that purpose, and all provisions of law respecting the
return and sale of property for the non-payment of taxes for
State, county and township purposes, shall apply to the re-
turn and sale of property for the non-payment of such city
J taxes except as herein otherwise provided.
SLc. 9. The city assessors shall make and complete, as Tax roll, gee-
far as possible, tax rolls of the several wards of the city, compteled.C1�``t' 1 to be
ed. `
in the manner and at the time provided in the preceding
section, for spreading thereon the amounts apportioned
against the several wards for the State, county and school -�
taxes, and shall complete said rolls and deliver them to {
the city treasurer at the time prescribed by law for they
delivery of the township rolls to the township treasurer, "
and a copy to the city clerk with his warrant attached to
each of said assessment rolls, under his hand, commanding
such treasurer to collect from the several persons named in
the said rolls the several sums mentioned in the total column
of said rolls opposite their respective names, and to retain
in his hands the amount receivable by law into the city
treasury for the purposes herein specified, and to account
for and to pay over to the county treasurer the amounts
therein specified for State and county purposes, on or before
the first day of February next following, and the said war-
rant shall authorize the city treasurer, in case any person
named in the assessment roll shall neglect or refuse to pay r,
his tax, to levy the same by distress and sale of goods and
chattels of such person. And when such tax rolls are de-
livered to the city treasurer, as aforesaid, he may notify the
taxpayers of the city by publishing such notification in one
or more of the newspapers published in the city for at least
two successive weeks; and after such notification it shall be
the duty of each and every person against whole taxes are
f� assessed to pay the same at the office of said city treasurer.
SEc. 10. For the collection of all taxes the treasurer Fees for coltec•
shall be entitled to receive such percentage as shall be pre-tion of taxes.
scribed by the common council by resolution, not exceeding
one and one-fourth per cent upon the sum collected, upon all
general and special rolls, but he is hereby prohibited from
3,
I� charging any percentage to the city for any assessment,
6
82 CI3ARTER OF THE CITY OF LANSING. TITLE XII.
transfer, or remittance of taxes, general or special, ordered
by the common council, or for any public moneys received
from the county treasurer or other persons, exclusive of taxes.
No percentage added for the collection of taxes shall be
added to the tax assessed, but shall be paid from the con-
tingent fund, on the order of the city clerk, duly audited and
allowed.
ofdelinquent tax Proceedssale SEc. 11. The net proceeds of the sales of all property
of
lands, hew re- delinquent for non-payment of city taxes shall be paid to
covered by the
city. the treasurer of said city by the treasurer of the county
of Ingham whenever required by the city treasurer; and
the net proceeds of all sums paid to the treasurer of the
county of Ingham before sale, on account of the property
within said city returned delinquent for nun-payment of city
taxes, shall in like manner be paid to said city treasurer.
Commissioner of
SEc. 12.
State land once It shall be the duty of the coimnissioner of the
to furnish list of State hand office, within ten days after the receipt by him
lands to auditor
general. of the returns of the county of Ingham, of lands assessed
as State lands, as provided in section two of this title, to
cause to be made out, certified and delivered to the auditor
general a correct list of all said State lands, together with
the taxes assessed thereon, so returned to him as aforesaid;
and the Auditor General shall thereupon cause to be credited
to the said county of Ingham all taxes so returned.
lands wit
Same to charge SEc. 13. It shall be the duty of the said commissioner
and penaltytases of the State land office, on receipt of the returns as provided
in the last preceding section, forthwith to charge to each
description of land contained in such returns, the taxes ap-
pearing thereby to have been assessed therein; and thereupon
Same to be a such taxes, together with the interest thereon at the rate of
��If1i lien• fifteen per cent per annum from the first day of February
next preceding, shall remain and continue a charge and lien
upon the interests of the respective purchasers of such lands,
to the same extent, and shall be enforced and collected in the
i
same manner, in every respect as now is, or shall hereafter
be, provided by law for the enforcement and collection of the
interest upon the balance of purchase money remaining un-
paid, upon such lands.
SEc. 14. It shall not be lawful for the common council
(except as provided in section nineteen of title eleven of this
a*s
k
I
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TITLE XII. CHARTER OF THE CITY OF LANSING. 83
act) to borrow any money or authorize any creation of any
liability or indebtedness against said city in any one year
exceeding in the aggregate the amount of one per cent of the,
assessed valuation of the property in said city; nor shall it
be lawful for the city to ever create any indebtedness,
bonded or otherwise, which shall with the indebtedness ex-
isting from time to time, exceed ten per cent of the assessed Limit of amount
m
valuation of the property of the preceding year- and in case borrow, etc.ay
any sum or sums of money shall be borrowed by said common
council, the same shall be paid out of the sums raised by tax
for such year- if the payment thereof is not otherwise pro-
vided, and all sums of money borrowed by said city' shall be
applied to the purposes for which the same was borrowed,
and for no other purposes whatsoever; but nothing in this act
contained shall be construed to prohibit said common council
from making assessments and levying and collecting taxes
for the purpose of local improvements.
SI,c. 15. It shall be the duty of said council, in each and Sinking fund,
il to pro-
every year so long as the city shall remain in debt, to in- eoidtleefor,
elude in the taxes levied a sum not less than the amount of
the bonds and interest coming due in said year.
SEc. 16. The common council shall examine, settle and Demands against
the city, settle-
allow all accounts and demands properly chargeable against -ent and pay-
the city, as well of its officers as other persons, and shall men t of.
have authority to provide means for the payment of the
same, and for defraying contingent expenses of the said city,
subject only to the limitations and restrictions in this act
contained.
SEc. 17. No money shall be drawn from the city treasury Money to be
drawn from
except school moneys, unless it shall have been previously treasury only
appropriated to the purpose for which it shall have been "tio"'Propria-
drawn; and all ordinances, resolutions, and orders directing n-
the payment of money shall specify the object and purposes
of such payment, and the fund from which it shall be paid,
which shall be certified by the clerk, and countersigned by
the auditor, before the same shall be paid by thetreasurer.
SEc. 18. No bond, obligation or evidence of indebted- Indebtedness
may not be In-
ness of said city shall ever be given or issued, nor shall any curred contrary
debt be contracted by said city, or by any officer thereof in to this charter.
his official capacity, whereby the said city shall become obli-
84 CHARTER OF THE
CITY OF LANSING. TITLE XIII.
gated to pay any sum of money, except as expressly provided
in this act, or by an act of the legislature. Nor shall any
Orders on treas- Order or warrant for the payment of money be drawn upon
s li o ex-
ceedthe treasury when th
hand. ere shall not be sufficient funds in the
treasury to pay the same, except in payment of the necessary
contingent expenses of the city, -unless the same shall have
been submitted to and voted for by the electors of said city
in conformity to this act, or an act of the legislature: Pro-
vided, That in cases of special assessments, under title
*Title XI;
97
See twelve of thi Local Acts act, orders or warrants may be drawn to the
1 , s
P. 6n' amount of the assessment made.
Council may
mare by-laws for SEC. 19. the common council shall have power and au-
the assecollection- thorit r to make and establish all necessary by-laws for the
and collection of �
taxes. assessment and collection of taxes, and every local, special
or general assessment, or tax lawfully imposed by said com-
mon council, on any lands, tenements, hereditaments or
premises whatever in said city.
TITLE XIII.
I
OF l:lIE PREVENTION OF THE ESCAPE OF PROPERTY FROYf
TAXATION.
rde celx ra and SECTION 1. To prevent the escape of property from taxa-
special assess-
ment of certain tion, it shall be within the power of the common council
p.
property. at any regular meeting thereof between the first day of June
and the first day of February following, to order and direct
the city assessors to make and return thereto, at its next regu-
lar meeting, an extra and special assessment roll of any prop-
erty named in said order: Provided, That except in cases
of gross and manifest error, no property included in any tax
roll of any municipality or township in this State, nor any
�)° property or goods accumulated or building erected between
G times of making the regular annual assessments of property
shall be subject to taxation under the provisions of this title.
Duties of assess- SEC. 2. Pursuant to the order of the common council it
E ors, notice to
q�{ owners, etc. shall be the duty of the city assessors to make such special
zassessment roll, estimating the value of the property therein
described at its true cash value, and certifying thereto as in
?E making ordinary assessments; and they shall notify in writ-
.:
i x
( s
t
f
i
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I
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TITLE XIII. CHANTER OF THE CITY OF LANSING. 85
ing the owner or owners, or person or persons in control of
such property, of the amount of his valuation thereof, and
of the time and place of the meeting of the council to sit as
a board of review, as hereinafter provided, and they shall so
certify in their roll, and return the same complete to the
common council at their next regular meeting.
SEC. 3. It shall be the duty of any person or persons, owners of prop-
to
owning Or controlling property subject to taxation under the information,re c.
provisions of this title, to give the assessing officers all such
necessary information, and make such statements under oath
in relation to the value and the ownership thereof, as is pre-
scribed by law to be furnished by taxable persons to assessors
in makin01
g their annual assessments; and for any failure or
neglect thereof, any offender shall be subject to the same
punishments and penalties as are or may be prescribed by
the charter of this city,and the statutes of this State.
SEC. 4. For the purpose Of hearing appeals or Objections Council to sit as
to an assessment roll made under this title, the common coup- view.ard
of re-
cil shall sit as a board.of review, beginning at eight o'clock p.
in., on the day of the second regular meeting after such
special assessment roll was ordered; and it shall be the duty
of the city treasurer, on the order of the common council,
to be present and have the regular current tax roll of the
ward wherein the property described in the aforesaid special
assessment roll is taxable, and said tax roll shall be subject
to inspection by any person interested; and the council shall
thereupon compare the valuation, or valuations, in the
special roll with those in the aforesaid tax roll, and may
I alter, amend, abate, annul or confirm, in whole or in part,
the same, after hearing all appeals or objections which may
be offered by any party, or parties interested, whereupon
i the mayor shall be instructed to certify to such confirmation
and equalization of the valuations in said special assessment
rolls as the common council shall direct, and the act of the
council shall have the same force and effect as to the action of
boards of review of regular annual assessment rolls under
l the law,,, of this city and the State.
SEC. 5. Upon the ratification and equalization of any Duty of assess-
special assessment roll, as aforesaid, it shall be the duty of roii.as to speciai
the city assessors, within twenty-four hours thereafter, to
5
86 CHARTER OF THE CITY OF LANSING. TITLE XIV.
enter the description or descriptions and valuation or valua-
tions thereof in the tax roll of the ward wherein the property
or person is taxable, and they shall designate all such entries
severally, with the words "added assessment under title four-
Title XIII; see teen's of the city charter," and with date of entry, and they
0cal 641 acts 1ss7, shall carry out against each and every such separate valua-
tion the salna amounts and binds of city, ward or other taxes
as are carried out against other property of like situation
and valuation in said tax roll, and they shall enter the total
amount of all such taxes in the warrant under the title of
"added taxes under title fourteen' of the city charter."
Whereupon they shall certify in such special assessment roll
to the performance of such duty, and file the same with the,
city clerk.
Collection of SEC. 6. The treasurer shall collect all such taxes within
rases_ the life of the original warrant for the credit of the con-
tingent fund of the city, in the manner prescribed by law
for the collection of taxes.
Taxes under SEC. 7. And it shall be the duty of the auditor to charge
this title to i
be charged to Said taxes to the treasurer In the same manner as he charges
treasurer in
same manner as all other taxes, and all such taxes shall become a lien upon
other taxes. the property from and after the date of entry in the tax roll,
if the date of entry be subsequent to the date of the original
warrant, otherwise, from the date of the original warrant,
and such taxes, such property, and such valuation shall be
thereafter subject to the same rules and provisions of law as
other taxes, other property, and other valuations whether
entered on the same or subsequent tax rolls.
TITLE XIV.
OF PREVENTION AND EXTINGUISHMENT OF FIRES.
Common council SECTION 1. For the purpose of guarding against the
to regulate the
construction of calamities of fire the common council may, from time to
buildings so as
to prevent fire. t line, by ordinance, designate such portions and parts of said
city as they shall think proper, within which no buildings of
wood shall be erected, and may regulate and direct the erec-
tion of buildings within such portions and parts, and the size
and materials thereof, and the size of the chimneys therein;
ul
i
� 3
F
,I
TITLE XIV. CHARTER OF THE CITY OF LANSING. 87
and every person who shall violate such ordinances or regu-
lations shall forfeit to the city the sum of one hundred dol-
lars, and every building erected contrary to such ordinance
is hereby declared to be a common nuisance, and may be
abated and removed by the board of police and fire commis- j
sioners. I
SEc. 2. The common council may by ordinance require idem.
the owners and occupants of houses or other buildings to
have scuttles on the roof of such houses and buildings, and
have stairs or ladders leading to the same; and whenever any
penalty shall have been recovered against the owner or occu-
pant of any house or other buildings for not complying with
such ordinance, the board of police and fire commissioners
may, ,it the expiration of twenty days after such recovery,
cause such scuttles, and stairs and ladders to be constructed,
and the expense thereof shall be a charge against the prop-
erty, and shall, under the direction of the council, be assessed
and collected as other taxes.
SEC. 3. The common council may procure, build of erect, common council
may provide for
and keep in repair, such and so many fire engines, with their fire engines, etc.
houses and other appurtenances, engines, hose, ladders, fire
hooks, and fire buckets, as are necessary for the extinguish-
ment of fires, and to prevent injury by fire, and such and so
many public cisterns, wells and reservoirs of water as they
from time to time shall judge necessary.
SEC. 4. The common council may provide suitable com- Compensation
pensation for any injury that any fireman, hook and ladder firemen°ryes to
man, or hoseman may receive in his person or property, in
consequence of his exertions at any fire.
SEC. 5. The common council may by ordinance: First—sC�nil may
re-
and
Prescribe the duties and powers of the board of police and powers of board
fire commissioners, engineers and wardens at fires, and in of Police and fire
commissioners.
case of alarms at fires, and may vest in them such powers
as shall be deeined necessary to preserve property from being
stolen, and to extinguish and prevent fires. Second—Pre-
scribe the powers and duties of the mayor and aldermen at
such fires, and in case of alarm; but in no case shall the
mayor or any alderman control or direct the chief engineer
or his assistant during any fire. Third—Provide for the
removal and keeping away from such fires of all idle, dis-
ti
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88 CHARTER OF THE CITY OF LANSING. TITLE XIV.
orderly or suspicious persons, and may confer powers for
that purpose on the board of police and fire commissioners,
the engineers, fire wardens or officers of the city. I ourth—
Provide for compelling persons to bring their fire buckets to
any place of fire and to aid in the extinguishment thereof by
forming into lines or ranks for the purpose of carrying
water and by all proper means to aid in the preservation,
removal, and securing of property exposed to danger by fire.
Fifth—To compel the marshal, constables and watchmen of
the city, to be present at such fires, and to perform such
duties as the said common council shall prescribe.
Penalty for SEc. 6. Whenever any person shall refuse to obey any
disobedience of
officers at arcs. lawful order of any member of the board of police and fire
commissioners, engineer, fire warden, mayor or alderman,
at any fire, it shall be lawful for the officer giving such order
to arrest, or direct, orally, any constable, watchman, or any
citizen, to arrest such person and confine him temporarily in 'r
any safe place until such fire shall be extinguished, and in
the same manner such officers, or any of them, may arrest
or direct the arrest and confinement of any person at such
fire who shall be intoxicated or disorderly.
When buildings SEc. 7. Whenever any building in said city shall be on
down o
be
ay tornfire it shall be the dutyd be lawful for the chief iu.eer, 1
progress of fare. an aw on g
with the consent of the mayor or any two of the board of
{ police and fire commissioners, to order and direct such build-
ing, or any other building which they may deem hazardous
and likely to communicate fire to other buildings, or any part
of such building, to be pulled down and destroyed, and no
' action shall be maintained against any person or against the
° said city therefor; but any person interested in any such
building so destroyed or injured may, within three
j ; months thereafter, apply to the common council to assess and
Payment of pay the damages he has sustained. At the expiration of
damages there-
for. three months, if any such application shall have been made
in writing, the common council shall either pay to the said
complainant such sum as shall be agreed upon by them and
the said claimant for such damages, or if no such agreement
E, shall be effected, shall proceed to ascertain the amount of
j; such damages, and shall provide for the appraisal, assess-
ment, collection and payment of the same in the same man-
�I7 Iw
� ,A
TITLE NV. CHARTER OF THE CITY OF LANSING. 89 x
ner as is provided by this act for the ascertainment, assess-
'1
ment, collection and payment of damages sustained by the
taking of lands for purposes of public improvement.
SEC. S. The commissioners appointed to appraise and Method of com-
assess the damages incurred by the said claimant by the ngu�sng the dam-
pulling dozen or destruction of said building by the direction
of the said officers of the city as above provided shall take
into account the probability of the same having been de-
stroyed or injured by fire, if it had not been so pulled down
I or destroyed; and may report that no damages should be
I equitably allowed to such claimant. Whenever a report shall
be made and finally confirmed in the said proceedings for ap-
praising and assessing damages, a compliance with the terms
thereof by the common council shall be deemed a full satis-
faction of all said damages of the said claimant.
r�
TITLE XV.
a OF PUBLIC SCHOOLS.
SECTION 1. The city of Lansing shall constitute one City to he one
school district.
school district. The members of the board of education
shall be a body corporate by the name and style of "The Board of educa-
Board of Education of the City of Lansing," and by that nQ A e°dy cor-
name may sue and be sued, and shall be subject to the laws
of this State relative to corporations that may be applicable
thereto. They shall hold and control all moneys, real and
personal property, or other rights belonging to said school
district, and shall use and expend the same solely for the
benefit of the common school or schools of said city. Mem-
bers of said board shall receive no pay for their ordinary
duties, but may be paid for special services such sums as the
board shall in each case determine.
SEC. 2. The board of education shall meet from time to Board of educa-
tion, quorum,
time, at such place in said city as they may designate. A officers, etc.
majority of all the members shall constitute a quorum. ,l
They may elect from their number a president, clerk and
treasurer. The said board shall keep a record of their
proceedings, which shall be signed by the president and
clerk; and any proceedings of said board, certified by the
90 CHARTER OF THE CITY OF LANSING. TITLE XV.
president and clerk, shall be evidence of the facts therein
contained. The justices of the peace shall have jurisdiction
over all prosecutions for the violation of the by-laws and
ordinances passed by said board.
Special powers SEC. 3. The board of education shall have full power
boa•duties duca• and authority and it shall be their duty: F'
tian. y: list—TO pUr-
chase sites and build schoolhouses in said city, except as !
hereinafter provided. Second—To establish a high school
in said city. Third—To appoint a superintendent of the '
co;nn>on schools in said city, under the charge of said board,
with such compensation as they shall deem proper, and with
such powers and duties as they shall prescribe, and it shall
be his duty to act as clerk of said board, if required. Fourth
—To establish a school library in said city, and to designate
the place or places where the same shall be kept, and appoint
a librarian. Fifth—To apply for and receive from the j
county or city treasurer, or other officers, all moneys appro-
priated or belonging to the primary fund of said city, or for
library purposes, and to expend the same according to law;
but no money shall be drawn from the city treasury except l
upon the order of the city clerk, duly countersigned by the
auditor. Sixth—To make by-laws and ordinances for taking
the census of the children of said city; for making reports,
and all things that shall be necessary to draw the proportion
of the primary school fund belonging to said city; for visita-
tion of schools and the length of time schools shall be taught,
which shall be not less than nine months in the year; for
the employment and examination of teachers and their pow-
ers and duties; for the regulation of schools, and the books
,� . to be used therein; for the appointment of necessary officers,
4 and to prescribe their powers and duties; for all necessary
purposes that may advance the interests of education in said
city, and the good government and prosperity of public
schools.
r Sc ool funds to SEC. 4. The treasurer of said city shall collect the money
s ep
by city treasurer. and keep all school funds belonging to said city separate
from all other funds, and he shall pay over to the treasurer
of said board all moneys on the order of said board; he shall
report to the board the condition of the school fund when-
ever requested by them.
l� i
ei
i
TITLE XV. CHARTER OF THE CITY OF LANSING. 91
SEc. 5. The board of education of said city are hereby Board toounts
authorized, and it shall be their dui once in each year, necessary for
y� ' each class of ex-
to ascertain and determine by resolution passed at any regu- penditure for
la.r meeting of said board, by a vote of a majority of all the school purposes.
members, the slues necessary and proper for any or all of
the following purposes: First—To lease, enlarge, alter, im-
prove and repair schoolhouses and their outhouses and ap-
purtenances. Second—To purchase, exchange, improve and
repair school apparatus, books, furniture and appendages. }
Third—To procure fuel and defray the contingent expenses
of the school and the expenses of the school library of said
city and the necessary contingent expenses of said board.
Fourth—To purchase books for the school library of said
city. Fifth—To pay teachers' wages after the application
of public moneys which may by law be appropriated and pro- J
vided for that purpose, and the amount so determined by
said board shall be submitted by them to the voters of said same to be
submitted to
district at the annual school meeting, or at a meeting regu- voters for ap-
larly called for that purpose, and the voters at such meeting proval.
I shall determine, by a majority of the voters present, whether
said sum, or any part thereof, shall be raised on the taxable
property of said district; and the clerk of said board of edu-
cation shall certify to the city assessors, whose duty it shall
be to assess the ordinary city taxes, the sums so ascertained
and determined by said meeting; and the said city assessor Levy of same on
taxable property
whose duty it shall be to assess the ordinary taxes, shall levy to the city.
the sums so certified to them upon the taxable property of
said city in the same manner and at the same time as the
State and county taxes are levied.
SEc. 6. The treasurer of said board shall have charge of Treasurer ties and
all moneys or funds belonging to the board, and he shall pay bonds of.
them out only on the order of said board, signed by the presi-
dent and countersigned by the clerk. Said treasurer shall
give bonds, with good and sufficient sureties, for at least
double the amount of moneys intrusted to his hands for the
faithful discharge of his duties.
SEc. 7. Whenever the said board shall deem the purchase Board to declare
by resolution
of sites and buildings, the erection of high school buildings necessity for
in said city, or ward schoolhouses, or other buildings in said for�clbuilding ties
city for school purposes necessary, or shall deem it necessary buildings f
s
92 CHARTER OF THE CITY OF LANSING, TITLE Nv.
to raise money by tax or by issuing bonds for the purpose
of paying, refunding, renewing or reissuing any bonded in-
debtedness of said board, they shall so declare by resolution,
and shall determine the sum or sums of money necessary to
be raised for such purposes and what portion thereof, if any,
Money by tax or shall be raised by tax, and what proportion of said sum, if
bonds. any, shall be borrowed on the bonds of said district. The sum
Sum necessary to be raised by tax and the interest on all bonds issued by said
to be determined
tand proportion board, together with the principal thereof at maturity, shall
ax band iby by be assessed and levied on the real and personal property of
bonds.
said city and collected and paid over to said board, as other
bonds to be school money in said city.
issued by board. For the amount determined to be borrowed the bonds of
HOW executed. said district shall be issued by said board, executed by the
Denomination. president and clerk thereof, in such denominations, not less
Timmen .
ts of pay- than twenty-five dollars, payable at such times and places,
Interest. and with such interest, not exceeding six per centum per
E
Application of annum, as said board may direct; the money so raised to be
money raised. applied by said board for the purposes in this section speei- r
first
st approved b fled: Provided, That said resolution shall have been first ff
Majority Of dist ct by approved by said school district, such approval to be deter-
votes i
ol me meeting. mined by a majority of the votes cast in said district, at a
school meeting of said school district called by said board
Notice such
meeting.. for that purpose, notice whereof shall be given by posting
printed copies of said resolution and notice of the time and
Manner such con- lace of holding said meeting in at least two public laces in
during such p p p
meeting. each ward of said city for ten days prior to said meeting,
{; and by publishing the same once in each of the daily news-
papers published in the city of Lansing. The presiding officer
of said board shall preside at such meeting and the clerk of
said board shall be clerk thereof and shall keep a record of
Power of voters meeting.
at such meeting saidg. It shall be competent for the voters at such
diminish amount meeting to increase or diminish both or either the amount of
to be raised or tax and bonds
borrowed. specified i n said
p resolution and the
resolution �
as submitted by said board or amended by such meeting shall,
bybai to.be when the question is upon the final passage thereof be voted
upon by ballot, either written or printed, or partly written
Canvass of and printed, said ballots to be received and canvassed by two
votes. inspectors who shall have been chosen by said board from the
members thereof.
TITLE XVI. CHARTER OF THE CITY OF LANSING. 93
It is further provided that the bonded indebtedness Of Bonded indebted-
ness at no time
said school district shall at no time exceed fifty thousand to exceed $50,000.
dollars. °
SEe. 8. In case of a vacancy in the office of a member of vacancies on Y
! board, howl
said board, the same shall be filled by appointment by a ma- fined.
jority of said board, of a person from the ward in which such
vacancy exists, which appointment shall be until the next
annual election, and until his successor is elected and quali-
fied.
SEC. 9. All provisions of the general laws of this State General schoolIV
relative to the common union schools shall apply and be in district. of in
force in said city, except such as may be inconsistent with
the provisions of this act; or with the by-laws and ordinances
of the board of education made under this act.
SEC. 10. No member of the board of education shall be Members of
board may not
directly or indirectly interested in any contract as principal, be interested in
surety, or otherwise, the expenses or consideration whereof contracts.
are to be paid under any act or ordinance of said board of
education, nor be surety or bondsman on any contract or
bond given to said city or board of education.
{
TTITLEXVI.
MISCELLANEOUS PROVISIONS.
SECTION 1. The common council, or the mayor, or other sureties, de-
termination of
officer whose duty it shall be to judge of the sufficiency of sufficiency.
the proposed sureties,of any officer of whom a bond or any
instrument in writing may be required under the provisions
of this act, shall examine into the sufficiency of such sureties,
I and shall require them to submit to an examination, under
oath, as to their property; such oath may be administered
by the mayor or any alderman of said city. The deposition
of the surety shall be reduced to writing, be signed by him,
I certified by the person taking the same and annexed to and
filed with the bond. or instrument in writing to which it
relates.
SEC. 2. The mayor or chairman of any committee or Oaths before
dmin
special committee of the common council shall have power council, aof.
p p istration of.
to administer an oath or take an affidavit, in respect to any
f'
84 CHARTER OF THE CITY OF LANSING.
TITLE XVI.
matter pending before the mittee. common council or such com-
Perjury under this act. SEc. 3. Any person who may be required to take an oath
or affirmation, under or by virtue of any provision of this
act, who shall, under such oath or affirmation, in any state-
ment or affidavit, or otherwise, willfully swear falsely as to
any material fact or matter, shall be guilty of perjury.
all
Costs of snits SLc. 4. If against officers. y suit shall be commenced against any per-
son elected or appointed under this act to any office, for any
act done, or omitted to be done, under such election or ap-
pointment, or against any person having clone anything or
act by the command of any such officer, and if final judg-
ment be rendered in such suit, whereby any such defendant
shall be entitled to costs he shall recover double costs in the
manner defined by law.
Process against SEC. 5. All )I'OCBSS used
the city, issue l against Said city Shall run
and service of. against said city in the corporate name thereof, and such
Process shall be served by leaving a true and attested copy of
such process with the mayor or clerk of said city, at least ten
days before the day of appearance mentioned therein.
Ordinances,style and votes SEC. 6. The style of all ordinances shall be: "Be it or-
on Passage. deined by the common council of the city of Lansing." All
ordinances shall require for their passage the concurrence
of a majority of all the aldermen elected.
Malfeasance in S
office defined. EC. 7. If any officer or the corporation shall, directly
or indirectly, appropriate or convert any of the moneys, se-
curities, evidences of value, or any property, Whatsoever be-
longing to the corporation, or any board thereof, to his own
use, or shall directly or indirectly and knowingly appro-
priate or convert the same to any purpose than that for
which such moneys, securities, evidences of value,
y, ma
or prop-
erty have been appropriated, raised or received or to
any purpose not authorized by law, he shall be deemed guilty
Of willful and corrupt malfeasance in office, and may be
Penalty prosecuted, tried and convicted thereof, and, on conviction,
therefor. may be punished by fine not exceeding one thousand dollar
I
or by imprisonment in the State prison for a period not ex-
Council
contract with ceeding three years, or both, in the discretion of the court.
banks for safe SEC. S. The common council shall have power to contract
keeping of j
moneys and use with safe bank, banks, banker or bankers in said city for
of same, etc.
1
�3
TITLE XVI. CHARTER OF THE CITY OF LANSING. 95
the safe keeping of the public moneys belonging to or in the
custody of said city and for the payment of interest thereon,
at a rate not exceeding that established by law upon such mon-
eys of the corporation, or in its custody, deposited with such
bank, banks, banker or bankers, and to be drawn on account
current from such bank, banks, banker or bankers, by said
city, or proper officer thereof and such interest shall belong
and be credited to the contingent fund of said city. And the J�
common council may, by ordinance or otherwise, make such I�
rules and regulations, and prescribe such conditions relative
to the letting of said contract, the drawing upon said moneys 1
so deposited, and the securities to be given by such bank,
banks, banker or bankers, for the moneys so deposited as to
said common council may seem just and for the best interests
and security of said city.
SEC. 9. All persons being habitual drunkards, destitute vagrancy
and without visible means of support, or who, being such defined.
habitual drunkards, shall abandon, neglect, or refuse to aid
in the support of their families being complained of by said
families; all able-bodied and sturdy beggars, who may apply
for alms or solicit charity; all persons wandering abroad,
lodging in watch-houses, outhouses, market places, sheds,
stables, or uninhabited dwellings, or in the open air, and not
giving a good account of themselves; all common brawlers j
and disturbers of the public quiet; all persons wandering
abroad and begging, or who go about from door to door, or
place themselves in streets, highways, passages or other pub-
lie places, or beg or receive alms within the said city, shall be
deemed vagrants, and may, upon conviction before any jus-Penalty therefor.
tice of the peace of said city, be sentenced to confinement in
the county jail or city penitentiary for any time not exceed-
ing sixty days.
SEc. 10. No property, supplies or other article of what- supplies, etc.,
ever name or nature shall be purchased for or in behalf of for nil chaule of.
the city, unless ordered by vote of the common council, or
with the written consent of the mayor or city clerk. The
city clerk shall keep a record of all property purchased for
the city, and shall charge the same to the officer or depart-
ment for whom the same was purchased, and receiving the
same, and shall report annually to the common council, on
i
1
i
I
96 CHAR,TER, OF THE CITY OF LANSING. TITLE XVI.
the last Monday in April, a detailed list or statement of all
such property or supplies so purchased, and to whom de-
livered. It shall also be the duty of each and every officer
and employe of the city, to make a report annually in writ-
ing on the last Monday in April of all property or effects in
his hands belonging to the city, which several reports shall
be referred to a committee of the council for examination.
Any officer or employe of the city who shall fail or neglect
to make the report provided in this section shall be deemed
guilty of a misdemeanor, and may be prosecuted, tried and
convicted therefor according to law.
Conflnement y l SEC. 11. An person arrested by virtue of any process
of offenders
against the city. issuing from any court Of justice in said city, or by authority
Of any Officer of said city, may be confided in the city peiii-
tentiary in the same manner as prisoners are or may be de-
tained in the, jail of Ingham county, and any law of this
State prohibiting escapes, aiding prisoners to escape, or any
other act detrimental to the safety of prisoners in a county
jail, shall apply to said prison: Provided, That the common
council or mayor of said city may at any time direct any or
all such prisoners to be removed from said penitentiary to the j
jail at the county of Ingham: And Provided, Such prisoners
-' or any of them, may, at any time, in the first instance, be
confined in the said county jail whenever the same may be
deemed necessary by said common council; and the keeper
of said jail or penitentiary shall be allowed such
compensa-tion for keeping and providing for prisoners confined therein
as the common council may determine to be just and rea-
sonable not exceeding the amount allowed by the supervisors
for Ingham county prisoners.
�i� Snits in behalfS Ec. 12. All suits which shall be brought to recover any
of city, manner
of and rules to penalty or forfeiture for the violation of any ordinance of
govern' the common council shall be brought in the name of the city
of Lansing under the direction of the common council or of
the attorney of said city; and no person being an inhabitant,
freeman or freeholder of the said city shall be disqualified
1a for that cause from acting as a judge,
trial or other proceedings; in any suit brought to recover ha
forfeiture or penalty for the violation of this provision of
this act or for the violation of any ordinance of the common
a
1
I
z
TITLE XVI. CHARTER OF THE CITY OF LANSING. 97
council, nor from serving any process or summoning a jury in
such suit, or from acting in any such capacity, or being a
witness on the trial of any issue, or upon the taking or
making any inquisition or assessment, or any judicial in-
vestigation of facts, to which issue, inquest or investigation
the said city, or any city or ward officer is a party, or in
which said city or officer is interested; nor shall any judge of ��
any court be disqualified to hear and adjudicate on an appeal {
in any matter originating in said city, because he is an in- s€
habitant thereof.
SEc. 13. If any judgment in any action shall be ren- Judgments
dered against the cityb an justice of the such 'udg- against the a '!
Y any peace,
merit may be removed by appeal to the circuit court for the ete. ul
county of Ingham, in the same manner and with the same '
effect as though the city were a natural person, except that
no bond of recognizance to the adverse party shall be neces-
sary to be executed by or on behalf of the said city.
SEc. 14. Every execution for any penalty or forfeiture Execution for
penalty, issue
recovered for the violation of any of the provisions of this and terms of.
act or for the violation of any by-law or ordinance of the
said city may be issued immediately on the rendition of
the judgment, and shall command the amount to be made
of the property of the defendant, if any such can be found,
and if not, then to commit the defendant to the county jail
or city penitentiary for such time as shall have been directed r
by the ordinance of the common council.
SEc. 15. The common council may direct any moneys moneys arising
that may have been recovered for the penalties or forfeitures fuse of enaltles,
to be applied to the payment for any extra expense that may
have been incurred in apprehending offenders, or in sub-
poenaing or defraying the expenses of witnesses in any suit
1 for such penalties and forfeitures, or in conducting such suit.
SEc. 16. The expenses of apprehending, examining and Expenses for ar-
rest committing offenders against any law of this State in the ae�' °f
said city, and of their confinement shall be audited, allowed sftatest the
and paid by the supervisors of the county of Ingham, in the
same manner as if such expenses had been incurred in any
town of the said county.
SEc. 17. The mayor, by and with the consent of a ma- Bonds, now
funded.
jority of the common council elect, shall have the power to
7
I
98 CHARTER OF TI3E CITY OF LANSING. TITLE :<s.VI.
negotiate for outstanding bonds not yet due, and may pur-
chase the same: Provided, The cost thereof does not exceed
the face value of said bond or bonds with the matured in-
terest; and for such purpose may issue city bonds at a rate
Of interest not exceeding seven per cent, but no such bond
shall be issued except for the purpose of funding the bonded
indebtedness, and only in such amounts as can be subst-
tuted for said bond. No bonds issued by virtue of this tion shall be sold for less than their face value.
see-
Conditions s of SEc. IS. No right or franchise_shall hereafter be granted
to any person, firm or corporation, to use the public places,
streets or alleys of said city for the purpose of carrying on
any business, for which such right or franchise is granted,
except by ordinance, which shall contain in addition to other
things the following express conditions, viz.
At expiration of L That at the expiration franchise city of any franchise, or at any
may acquire tine time thereafter, the city shall have the right to acquire the
value of paysi physical title to and take over the property employed or used in the
property. lr l
business for which such franchise was granted upon the pay-
went to the owner of the same of the fair value of the physi-
cal properties at that time employed or in use in such busi-
ness.
i
Breach amay con di- 2' That the person, firm, or corporation to which such
forfeiture. franchise is granted, takes the same subject to the express
condition, a breach of which shall work a forfeiture of all
i. rights under it; that the grantee, or the successor or assigns
�4 of such grantee, shall at all times conduct the business for
which such franchise is granted, in a safe and efficient man-
ner, and well and faithfully keep, execute, and perform all
"I of the terms and conditions of the ordinance granting such
franchise; and that in case default shall at any time be made
by the holder of such franchise, and such default shall after
due notice and hearing be declared by a two-thirds vote of all
the members elect of the common council of said city, the
common council shall have the right to declare a forfeiture
the said franchise, and all the rights and interests of the
holders therein.
acquireCity miitie. 3. In such cases the city shall have the right to acquire
the title and take over the property employed or used for
{ the business for which such franchise was granted upon the
4
i
TITLE X VII. CHARTED„ OF THE CITY OF LANSING.` �99
payment to the owner thereof of the fair value of the physi-
cal property at that time employed or used in such business,
�i
and may thereafter carry on and conduct such business. In May carry on
an co
case the city is unable to agree with such owner as to the bus ri ssdnet i
value of such physical property, then said property may be
condemned and taken for public use, and the value thereof '
awarded as compensation therefor to the o-\vner of the same value may be
determined by
in the manner, as near as may be, provided in title eighteen condemnation
of this charter, or under the general laws of the State author-proceedings.
{ izing municipalities to take private property for the use or
benefit of the public.
TITLE XVIL
ELECTRIC LIGHTING.
SECTION L It shall be lawful for the city of Lansing to City may acquire
by purchase, etc.,
i acquire by purchase, or construct, operate and maintain works for
electric lighting,
works for the purpose of supplying such city, and the in- limit of expendi-
habitants.thereof, with electric lighting, on such terms and tures therefor.
conditions as the common council shall direct, but the en-
tire expense of any such works shall not exceed the sum of
seventy-five thousand dollars. Whenever the common coun-
cil shall by resolution declare that it is expedient for the city
to acquire by purchase, or to construct works for the purpose
of supplying the city and its inhabitants with electric light- Question of bor-
ing, it shall submit to the tax paying electors of the city at a b siun moneyt o°
special election for the purpose, the question of borrowing ei ctorsing a
the money therefor, within the limit aforesaid. Such special
election to be called and the vote had and determined in the
manner provided for in section six of title thirteen" of this *Title i A I, see
act. If a majority of the tax paying electors voting at such p- 641•
election shall vote for the borrowing of any sum of money
for any such purpose, it shall be lawful for the common coun-
cil to negotiate such loan, issue the bonds or other evidence
of indebtedness of the city therefor, and fix the time and
place of paying the principal and interest.
Council SEC. 2. It shall be lawful for the common council by ordinance by
the passage of proper ordinances to provide for the appoint- cprovideommis board or
I� 5 p l� p lip commission to
ment of a commission or board, the term of at least one elect have
h lighting.
i
i
i
100 CHARTER OF THE CITY OF LANSING. TITLE XVIII.
member of which commission or board shall expire yearly,
to take the charge and management of such electric lighting
works in the manner and to the extent which shall be pro-
vided in the ordinance or ordinances passed therefor, or the
common council may continue the board of water-works and
electric lighting as provided by section forty-two of title four
of this act.
Tab to be levied SEC. 6". It shall be the duty of the common council of the
to pay principal
and interest of city to levy and collect such sums of money as may be re-
indebtedness.
quired to pay the principal and interest of any indebtedness
incurred by the city under the power and authority granted
tinder this title.
TITLE XVIII.
'CAKING PIiIVATE PROPERTY FOR PUBLIC USE.
For what pnr- SECTION 1. Private property may be appropriated for
poses private
property may be public use for the purpose of opening, widening, altering,
citytake.
by the vacating and extending streets, alleys and avenues; for pub-
lie grounds, parks, market places and spaces- for public
now may be buildings, jails, hospitals, pest houses and public cemeteries;
} taken. for water-works, sewers, drains and ditches; for buildings
and structures for the fire department, and for the improve-
ment of water courses and rivers, and all other public needs,
and whenever private property or any right, title or interest
therein is required or necessary for the maintenance or con-
struction of such public improvement or purpose, the com-
mon council shall have authority to obtain the same from the
owner by purchase; but such property shall not be taken
k" therefor without the consent of the owner, except with the !
concurrence of two-thirds of all the aldermen elect, and in "
the manner hereinafter provided.
i when necessary SEC. 2. Whenever the common council shall deem it
to take without
consent of necessary for the use and benefit of the public to make any
j owners.
such improvement, and to take private property therefor
a Council to de- without the consent of the owner said council shall so declare
clare by resolu-
tions, ete. by resolution, describing such property and designating the
purpose for which it is to be taken, and shall appoint a subse-
quent regular meeting of the council for the hearing of
E� e
TITLE XVIII. CHANTER OF THE CITY OF LANSING. 101
objections to the proposed improvement, and to the taking of
the described property for the designated purpose, and to
any other matter or thing in such resolution contained.
Notice of such meeting and hearing shall be given by the Noticearin f
city clerk to all persons interested generally, without naming
them, by publication in a newspaper published and circa- '
lated in said city, once in each day for five successive days.
SEC. 3. If the proposed improvement shall be the open- When taken for
ing, widening, altering, extending or vacating of a street, eYpense,eeic.,hON
alley or avenue, or the construction of any sewer, drain or defrayed.
ditch, the expense of the tal;ina of private property therefor,
including the cost of the proceedings, and the compensation
and damages to be paid, as hererrlafter provided, shall be Provisions as to
defrayed in whole or in part as the council may determine alleys, etc.,
by a special assessment upon the lands and premises specially '
benefited by such i.Inprovement in proportion to the special
benefits accruing to each parcel, providing, that in opening,
widening, altering, extending or vacating a public alley, the
whole of such expense shall be so defrayed, and in such case
the council shall, in such resolution, determine and describe
a local tax district, embracing all the lands and premises
which, in the opinion of the council, will be specially bene-
fited as aforesaid; and shall determine the percentage of the
expense aforesaid; to be defrayed by special assessment on
the lands and premises in said tax district; and the said
notice of the meeting of the council for the hearing of objec-
tions as provided in section two, shall contain a general de-
scription of said tax district, and a statement of the per- ":q
ceniage of the said expense to be defrayed in the manner
aforesaid, as determined by the council. t,
SEc. 4. At the time appointed for the hearing of objec- Flearing objec-
tions, or at a subsequent meeting of the common council. to tig o and aispos-
tl t� in of and
di-
which such hearing may be adjourned or continued, and after tlon.
the hearing of any objections, made by parties interested,
the said resolution may be ratified and confirmed, or may
be reconsidered by the council, and the council may negoti-
ate with and obtain from the owners or persons interested in
the property proposed to be taken, a release or conveyance
1 thereof, by gift or purchase, and may alter or amend said
I resolution by excluding from the description of the property,
I
i
I
102 CI3.SRTER OF TI3E CITY OF LANSING. TITLE NVIII.
proposed to be taken, any part or parcel thereof, or by taping
out of, or excluding from said tax district any parts or par-
cels of lands and premises embraced therein, or by decreas-
ing the percentage to be defrayed by a special assessment on
the lands and premises in said tax district, and may there-
upon direct the city attorney to institute proceedings in ac-
cordance with the provisions of this act, to carry out the ob-
Proviso as to jects of said resolution, providing said resolution shall not be
adoption of
resolution. ratified and confirmed as aforesaid, or as altered and
amended, finally adopted, except by a concurring vote of
t-kvo-thirds of all the aldermen elect. The consideration of
said resolution by the council may be continued from time to
time without further notice.
Petition tto nee. SEG. 5. Upon the�confirmation of final passage by the
common council of said resolution, it shall be the duty of
the city attorney to prepare in the name of the city and,
file with one of the justices of the peace of the city, a petition
filed by him in his official capacity, which shall set forth
Contents of said resolution as originally introduced and confirmed or
petition. altered or amended, and finally adopted, and the proceedings
of the council in respect thereto; said petition shall describe
the several lots, tracts and parcels of private property pro-
posed to be taken, and set forth the names of the owners,
occupants, lessees, mortgages or others interested therein, as
far as the same can be ascertained, and shall allege that it
is necessary to take such property for the public use and
benefit, and pray that a jury may he impaneled to determine
whether it is necessary to make the proposed improvement,
and to take such property for the purpose thereof, and to
ascertain and fix the just compensation to be made therefor,
the petition may allege any other matter and thing relevant
to the questions to be considered by said jury and deemed to
be material, and may pray for any other and further relief
within the object of this act.
Duty
t e� ving1Ce Sic. 6. Upon filing said petition, it shall be the duty of a
petition. said justice to issue a summons commanding the respondents
named in the petition, in the name of the people of the State
of Michigan, to appear before him, at a time and place to be
named in said summons, not less than ten nor more than forty
t
ji f
I
i
TITLE XVIII. CHARTER OF THE CITY OF LA NSING. 103
days from the date thereof, and show cause, if any they have,
why the prayer of said petitioner should not be granted.
SEc. 7. Said summons may be served by the city marshal, service of sum-
or by any officer of the city of Lansing, or the county of coons. a
Ingham, authorized to serve civil or criminal process therein ?�
issued by a justice of the peace, and shall be served at least 1
five days before the return day thereof, upon all respondents ;a
found within said county, by exhibiting the original, and
delivering a copy to each of them; if any respondent who is
a resident of the county cannot be found, the summons shall C
be served by leaving a copy at his or her usual or last place
of abode, with some persons of suitable age and discretion,
if any infant or person of unsound mind is interested in the
property to be taken, service shall be made upon the guard-
ian of such person residing within the county, if any, and
if there is no such guardian and sonic person of suitable age
or discretion of the househould of which said infant or in-
competent is a member, shall be found within the county,
service shall be made upon such person. All respondents service by publi-
j who cannot be served with said summons, as hereinbefore cats°°' i
provided, shall be served by publishing a copy thereof in at `�
least one daily paper published within said city for five suc-
cessive days prior to the return day. The return of the
officer to said summons and affidavits of publication, show-
ing due service and publication, shall be filed with the jus-
tice, and be sufficient evidence of service upon the respond-
ents, and of the manner of service, and thereafter all re-
spondents duly served shall-take notice and be bound by all
subsequent proceedings without further notice.
SEc. 8. On the return day if no guardian shall appear Justice to ap-
to represent the interests of an infant respondent, or re- toint repre entan
spondent of unsound mind, the justice shall appoint a suit-Infant, etc.
able person as guardian ad litem for such purpose, who shall
file a written consent to act, and shall represent the person
for whom he is appointed in subsequent proceedings. The Drawing jury.
justice shall then or at a subsequent time to which the pro-
ceeding may be adjourned, if no sufficient cause to the con-
trary be shown, direct the sheriff, or under sheriff, or deputy
sheriff, of said county, or any constable of said city who shall
be disinterested, to make a list of twenty-four resident free-
{
f
t
i
r
104 CHARTER, OF THE CITY OF LANSING. TITLE XV1I1.
holders of said city, and the city attorney shall strike there-
from six names, and the respondents collectively may strike
therefrom six names, and if they neglect or refuse to do so,
it shall be done by the justice in their behalf, and the twelve
persons whose names remain on the list shall compose the
jury for the trial of the cause, and shall be summoned to at-
tend at such time as the justice shall direct by a venire issued
by him, and N,vhieh shall be directed to and served by any one
of the last aforesaid officers. In case any of the persons to be
summoned cannot be found in the count; or being sum-
moned do not attend or shall be excused for cause or other-
'vise, talesmen possessing the necessary qualifications may be
summoned as jurors in the case by such officer, and the prac-
tice and proceeding under this act, except as herein provided
relative to impaneling, summoning and excusing jurors and
talesinen, and imposing penalties or fines upon them for
non-attendance, shall be the same as the practice and pro-
ceedings in ordinary civil trials before justices of the peace
in this State, except that peremptory challenges shall not be
allowed.
Oath of jurors. SEC. 9. The jurors so impaneled shall be sworn as fol-
lows: "You do solemnly swear (or affirm) that in the mat-ter of. . . . . . . . . . . .you will well and truly ascertain and de-
f
ter nine whether there is a public necessity for making the
Proposed improvement, and for taking for the use and bene-
fit of the public for the purpose of said improvement the
private property which the petition describes and prays may
be taken; and if you determine that it is necessary, then that
You ascertain, determine and award a just compensation to
be made therefor and that you will faithfully and impar-
tially discharge all other duties devolving upon you in this
case, and unless discharged, a true verdict give according to
Jury to hear the law and evidence, so help you God." They shall sit to- }
evidence, etc.
gether and hear the proofs and allegations of the parties and 1a
arguments of counsel, and if deemed practicable and advis-
able by the justice, may go to the place of the intended im-
provement in charge of an officer, and upon, or as near as
practicable, to the property proposed to be taken, and ex-
amine the same, and shall thereafter retire under the charge
Verdict. of an officer and render their verdict as on the trial of an
ordinary civil case.
I
?i
TITLE XVIII. CHARTER OF THE CITY OF LA NSING. 105
SEC. 10. The jury shall determine in their verdict the what verdict to
public necessity for the proposed improvement, and for the a and ine and
taking of the said private property therefor, and in case they
find that such necessity exists, they shall award the owners
of such property such compensation therefor as they deem
just. If any such private property shall be subject to a
j
mortgage, lease, agreement or other lien, estate or interest,
the jury shall apportion and award to the parties in interest r
such portion of the compensation as they shall deem just.
SEC. 11. To assist the jury in rendering their verdict, jury may have
the court may allow them, when they retire, to take with use of maps, etc.
them the petition filed in the case, maps showing the pro-
posed improvement and location of all the pieces or parcels
of land proposed to be taken, with the names of the persons
interested therein, and may also submit to them a blank ver- j
diet, which may be as follows:
ill
PART I. it
mpaneled in the above mat- corm of verdict.
We, the undersigned jury, i
ter, having given the same due consideration, do hereby find �{
and determine that the. . . . . . . . . . . .of said. . . . . . . . . . . .as
proposed for the public use and benefit is a public necessity,
and that for said use and benefit and purpose it is necessary
to take the private property described in the petition in this
i cause which said property is hereinafter also described.
F
i PART II.
And the damages sustained, and the just compensation
to be paid for such private property, we have ascertained
and determined, and hereby award as follows:
i
Descriptions of each of Owners and others inter- compensation and dam-
the several parcels of ested in each parcel. ag
private property.
_ it,
106 CHARTER, OF
THE CITY OF LANSINC. TITLE XVIII.
The different description of property, and the names of
the owners and others interested therein, may be inserted
in said blank verdict under the direction of the court, before
it is submitted to the jury.
Action in case The of disagreement SEX. 12. jury shall specify in their verdict the lands
of jury. and premises, if any, as to which they fail to agree, and a
disagreement as to one or more distinct parcels of land shall
not affect the awards in which they have agreed; and upon
any such disagreement the justice may, upon_ the motion of
the city attorney, impanel a new jury in the same manner as
provided for drauring the original jury, concerning which
there was a failure to agree; a new jury may in like manner
Justice
be had as often as necessary.
Moceedings in oce enter SEX. 13. The justice shall enter the verdict and award
pr
confl docket
dete�,i_ of the jury and all the proceedings had in the cause before
nation, etc. him, in his docket, and within twenty days after the ren-
dition of the verdict, on motion of the city
enter a hall
judgment of confirmation of the determinations
eterminat onsand
awards therein made. Unless such motion shall be made by
the city attorney within said period, all proceedings upon said verdict and award shall be at an end.
Appeal. SEC. 14. Any party aggrieved by the verdict of the jury
and judgment of confirmation mentioned in the preceding
section if the same shall be entered, may, at any time within
thirty days after the rendition of the verdict, appeal to the
circuit court of the county of Ingham by filing with the jus-
tice a claim of appeal, in writing, in which he shall set forth
the description of the land in which he claims an interest, his
interest therein, and all the errors relative to the proceedings,
the verdict and judgment of which he complains, and at the
same time filing with the justice a bond to the city in the
penal sum of not less than three hundred dollars, with the
sureties to be approved by said justice; conditioned that he
will prosecute his appeal to effect, and pay any costs that
may be awarded against him in the circuit court, and paying
to the justice the sum of three dollars for making his return
i
to the appeal; but upon such appeal the findings of the jury
i
shall be conclusive as to all questions of fact submitted to
them, and the appeal of one or more persons shall not in any
,1
:i way affect the judgment of confirmation as to other persons
i
TITLE XVIII. CHARTER OF THE CITY OF LANSING. 107
interested therein who did not appeal; said judgment shall
be final and conchisive as to all persons not appealing there-
from within the time herein provided.
SEc. 15. At the time of filing such claim of appeal, the Bill of excep-
appellant shall present to the justice a statement in the tions.
nature of a bill of exceptions, containing so much of the evi-
dence and other proceedings in the matter as shall be suffi-
cient to present the questions to be raised upon the errors
and objections alleged in the claim of appeal, and shall, at
the same time, serve a copy thereof and of the claim of ap-
peal upon the city attorney, who may propose amendments
to said bill, and within ten days after said bill. is presented
said justice may, if necessary, cause the same to be corrected
according to the facts in the case, and sign the same, and
shall make and certify a return to said bill, setting forth
a transcript from his docket of all the proceedings and the Transcript.
judgment of confirmation entered therein, and shall attach
thereto the verdict and award of the jury and all notices
and papers filed with him, together with the bond and claim
of appeal and said bill of exceptions, and file the same with
the clerk of said circuit court.
SEc. 16. Upon filing the return of the justice as men- Proceedings by
tioned in the preceding section, the said circuit court shall circuit court.
have jurisdiction in the case, and -upon the hearing thereof
shall consider the errors alleged in said claim of appeal, and
if the proceedings are found invalid as to the party appeal-
ing on account thereof, the court shall remand the case so
far as it affects the appellant, to said justice, and a new jury
may be called and like proceedings had as upon the original
application for a jury. If no error affecting the merits shall
be found in the proceedings, or if the appeal shall be dis-
missed for any-cause, the said judgment or confirmation of
the verdict and award of the jury shall be affirmed by the
said court with costs to the city.
SEc. 17. When the verdict of the jury shall have been justice to trans-
mit copy of ver-
finally confirmed by the judgment of confirmation, and the diet, etc., to
time in -which to take an appeal has expired, or if appeal is council.
taken on the filing with the justice of a certified copy of the
order of judgment affirming the said judgment of confirma-
tion, the said justice shall transmit to the common council a
108 CHARTER OF THE CITY OF LANSING. TITLE XVIII.
copy of the verdict and award of the jury and the judgment l
of confirmation and the judgment, if any, of affirmance, and
Council to cause thereupon the common council shall Cause a special assess-
ment t bees- meat to be made of the sum or sums awarded by the jury,
and the expense of said proceedings in pursuance of, and in
accordance with the said resolution of the common council
hereinbefore mentioned. The assessment shall be made and
the amount levied and collected in the same manner as is
Manner of provided in the charter of said city for other special assess-
making and
collecting assess- ments. The assessment roll containing such assessment so
ment. ratified and confirmed by the common council, shall be final
and conclusive, and pr via facie evidence of the regularity
and legality of all proceedings prior thereto, and the assess-
nient therein contained shall be and continue a lien on the
premises on which the same is made until payment thereof.
That proportion of the awards and expenses to be paid
by the city at large, according to said resolution, shall be
Maid from the general funds of the city.
Payment f of SEC. 18. Within six months after the judgment of con-
by council. firination by the circuit court, or after the judgment of con-
firmation by the justice shall have become final, the council
may pay or tender to the respective persons the several
amounts of damages and compensation awarded to them and
in case any such person shall refuse the same, be unknown
or non-resident in the city, or be not found therein, or shall
be incapacitated from receiving his or her amounts, or the
right to any sum awarded be disputed or doubtful, the coun-
cil may cause to be deposited the amount awarded in such
1 case, with the statement of facts relating thereto and the
jj same shall be paid on demand to any person entitled to re-
ceive it. No delay in making any award of damages or in
taking possession of any property shall be occasioned by any j
doubt as to the ownership of the property, or as to the inter-
ests of the respective parties making claims thereto.
When fee of SEC. 19. Upon the tender, payment or deposit mentioned' land to vest in
city, in the preceding section, the fee of land sought to be taken,
with the appurtenances, shall vest in the city in trust for the
use and purpose of said improvement, and the council may
convert, occupy and use the said property therefor, and re-
move all obstructions therefrom. The certificate of the city
a
r I
112
INDEX.
Aldermen—Continued:
by Yeas and nays, when............. Pag e. Sec. 1 reconsideration of rescission of............ 12 8
supervisor— 12 7
One from each
to
term of office as t d begin eWhen............duties, com ensation and 32 6
ppowers of, as..............
who to be substituted in case of vacancy or in case of inability 32 6
to serve' .................
lawful orders of to be obeyed by constable........................ 39 6
to be health officer in his ward......,,,
to be member of city board of health.............. 16
duties of at fires, to be prescribed by council...................... 87 6
33 6
may not control chief engineer or assistant at fires.............• 5
penalty for disobedience of orders of, at fires.............. 87 5
Alleys: $8 6
not to be vacated unless by two-thirds vote of council.,.,,•,•,,,,••
rights of railroad companies in 12 7......
prohibition of sale of animals in............................•,,:; 17 34-35
cleaning, etc., to be supervised by superintendent of public works., 63 18
regulation, alteration, grading, record of..........., 2
expense of improving, etc., how defrayed..: 64 2
city not liable for care of any dedicated until'accepted......, 3
certified copy of the plat to be filed...............................
private property may 20
be taken for opening, etc 74 20.,.......
expense, compensation and damages for taken •• 100 1-3
opening, etc., how defrayed...,,,, g Private property for
Animals: 101 3
running at Iarge of, power of council to restrain..................
dead, power of council to prohibit any person from bringing into 17 18
city ....
Appeal: 65 4 �
from justice court, how made,
judgments against city may be removed by
45 29
no bond of recognizance need be 97 13
given by city on.................. 44 27
from judgment taking private property for public use............ 6 14
10 15
Ashes: ( 107 16
safe deposit for.............
Assessments: ... 50 9
not to be imposed unless by two-thirds vote of council.............
votes for to be by yeas and nays................... 12 7 �£
amounts of, to appear in annual financial statement..,,,,,,, 24 8
of sprinkling taxes...........- 29 i
council to determine when expenses of public improvements, are to 28 40 I
be defrayed by, and proceedings,
time of making..
rules governing ........................................... 65 5
on part paid State l.....ands.................... 76 1
.................... 76 1
revie . ...............
...
w and equalization of..............•, """"" 76 2
not to be increased after review„•„ """' 76 3
council may make by-laws for.. 77 3
added 84 19
assessors to make annual.. 86 5
special— 36 15
assessors to act as a board.........
for sewers .... 36 15
60 7
61 10
i
i
4
I
_ "si
S
INDEX• 113
Assessments—Continued:
Pace. Sec.
for construction of private drains............................. 61 12
annual, upon owners of private drains........................ 62 14
for ditches and water courses................................ 62 15
for improvements, manner of making....................... 66 6
for public improvements may be set aside, etc................ 67 8
may be collected on personal property; lien on property........ 68 11
for public improvements.................................... 64 3
invalid, to be vacated and new to be made.................... 70 13
Provision relating to, to apply to reassessment.::::::......::: 70 13
those not collected within life of warrant..................... 70 14
limit of amount of........... 72 17
in case special assessment prove insufficient, additional may
be made . 68 10
to pay compensation, damages, etc., of taking
private property
for public use.............. 101 3
of sums awarded, and expense of proceedings in taking private
property for public use.................................. 107 17
Assessment rolls:
equalization of ..............................................:: 76 3
certificate attached to, power of board of review concerning..,... 77 4
to contain what, completed when, to have warrant attached...... 8o 7
to be given to city treasurer and to city clerk with warrant...... 81 9
to be made for several wards for State, county and school tax;
completed and delivered to treasurer, when.................. 81 9 I,
extra and special, of certain property............................ 84 1
to prevent escape of property from taxation.................. 84 1
reviewof .................................................. 75 4 f
t to be certified to by mayor.................................... 85 4
i duty of assessors as to...................................... 85 5
special—
for public improvements, making of.......................... 66 6
II review of, by council........................................ 67 8
when confirmed, shall be conclusive.......................... 67 9
mayor to affix warrant...................................... 67 9
to be delivered to treasurer when; collection of taxes under.. 67 9
invalid, may be vacated and new be made..................... 70 13
when no money is in special fund............................ 72 17
extension of time to pay taxes under........................ 68 9
of sums awarded,etc., in taking private property, for public use,
to be prima facie evidence of regularity, etc., of proceedings.. 108 17
Assessor: (See City Assessors.)
Attorney: (See City Attorney.)
I, Auctions:
sales at, power of council to regulate, etc......................... 15 18
mock, power of council to prevent, etc............................ 19 is
Auctioneers:
to be appointed by mayor,term of office, duties, etc................ 8 12
power of council to license, etc........... 15 18
Auditor: (See City Auditor.)
Auditor General:
shall draw order on State Treasurer for State's share of expenses
ofsewers .................................................. 62 18
to be furnished a list of State lands assessed as such.............. 82 12
Awnings:
in street, council to regulate.................................... 65 4
8
i
kl
a
xt;
v
114 INDEX.
B
Ballot Boxes: (See Elections.)
Banners: Page. Sec.
in streets, council to regulate 65 4
council may direct construction of........................council may compel owners of to clean, etc..., 19 18
Bathing: 19 18
in rivers, etc., power Bells of council to regulate, etc.................... 19 18
auction, regulation of.........
fire, regulation of........... 17 18
Bids: 50 8
for city printing........
for public improvements:
30 45
to be advertised for, publicly opened and reported to council.. 25 33
Billiard Tables:
Power of council to regulate, etc......
Board of Cemetery Trustees: (See Cemeteries.) 16 18
members of, how appointed, term of office, removal, compensation. 55 4
clerk of
organization and .. 55 4
duties of powers of...............
55 5
sale of lots by 56 6
.................................................
rules for burial, etc., to be made by 56 6
report of, clerk to verify on oath.......... 56 7
punishment of violations of lawful orders made by...,..... 57 8
shall appoint one of their number chairman...................... 58 9
Board of Education: 55 5
members of, election, term of office...................
begins when made 7 6
... ..................................
resignation of, to be made to. 10 21.........
may not be interested in contracts........ """"" 10 19
to receive no pay, but may be paid for special services........ 89 10
clerk of 1
89 2-3
to certify to assessors amount of money to be raised on taxable property
treasurer of 91 5
body corporate, name and style..................................
to control all school moneys, etc gg 1
.....................to keep records of proceedings, etc................... " 89 1
to purchase sites for and build school houses................. 89 2
to establish a high school............................ "" 90 3
to appoint a superintendent of schools... 9
......................... 0 3 I
to establish a school library........... 3
to apply for and receive moneys, for what 90 3 tt
It
provide for taking school census.., purposes.....:..::..:: 90 3
}, to determine amounts necessary for each class of expenditures for 3
school purposes
j to determine sums to be raised by tax on bonds .
......... ........ 92 5
j, to declare by resolution necessity for purchase of sites for and erec- 7
l tion of buildings..
such resolutions to be ..........'approved by school district at meeting 92
a 7
called and conducted, how..........
Powers of voters at.................... 92 7
bonds to be issued b 92 7 a
Y, how executed.. ..... 92 7
i
E
INDEX. 115
Board of Education—Continued: Page. See.
prosecution of by-laws and ordinances........................... 90 2
special powers and duties of..................................... 90 3
meetings, quorum, officers of...................................... 89 2
vacancy in, how filled............................................ 93 8
Board of Health:
who to constitute................................................ 51 1
powers and duties of.............................................. 51 2
clerk of, duties.................................................. 53 7
compensation of members......................... ............... 53 8
report to be made to, of cases of infectious diseases................ 52 3
report to be made to by hotel keepers of cases of disease.......... 52 5
physicians to report to............................................ 52 5
penalty for failure to report..................................... 52 5
fines imposed by, disposition of........ 53 9
Board of Police and Fire Commissioners:
members of, how appointed, term of office, politics of, compensation,
removal, vacancy ....................................... 47-48 1
not to share in any present, etc........................ 49 6
to try complaints against certain officers........................ 47 1
powers of, when trying complaints................... ........._ 48 2
powers of appointment............................... ......._ 48 3
duties of, and appointees as to preserving peace,etc................ 49 6
to have entire control of police force and fire department.......... 49 4
power to erect and maintain telephone and telegraph lines........ 49 4
members of, must file official oath................................ 49 5
shall have charge and supervision of city penitentiary........... 48 3
make rules of penitentiary ...................................... 48 3
shall have custody and general supervision of,..what property...... 50 8
to direct ringing of fire bells, etc., in city........................ 50 8
may make regulations as to safe deposit for ashes, etc... ........ 50 9
may require chimneys, etc., to be cleaned and expense collected by
taxes .............................. ....................... 50 9
may inspect buildings, etc., for prevention of fires................ 50 10
shall cause dangerous buildings, etc., to be put in safe condition.. 50 10
inspect hearths, etc., remove or make same safe at expense of owner 50 10
members of, may be removed by three-fourths vote of council...... 51 11
clerkof .......................................... .........._ 48 1
may appoint patrolmen in times of danger....................... 48 3
to make report to council... ..... ........ 50 8
duties and powers of, at fires, to be prescribed by council......... 87 5
penalty for refusal to obey orders of any member at fires.._........ 88 6
may remove buildings erected contrary to ordinance.............. 87 1
may cause scuttles, etc., to be placed on roof, etc., at expense of
property ................................................... 87 2
Board of Registration. (See Registration.)
Board of Review:
who to constitute, meetings of, powers and duties................ 76-77 3-4
certificate of ........................................... 77 4
necessary number to decide questions............................. 77 4
notice of meeting given......................................... 77 3
power to exempt property of poor................................ 77 a
to review extra and special roll................................... 85 2
council to be, when.............................................. 85 2
Board of State Auditors:
to make allowance for sewers................................... 62 18
improvements to streets abutting on State property.......... 71 15
fire and police protection to State property.................... 31 50
Board of Supervisors:
what aldermen to be members of................................ 32 6
116
INDEX.
Board of Supervisors—Continued:
term of office, powers, duties, compensation, vacancy, who to be Page. See_, i
substitute
certificate of appointment of associate 3J-23
6
assessor to have seat on........
33 36 1
with city assessors, to constitute. . 4
board of review................• 76 5
members of board of health.. . .............. _Board of Water Works and Elric Lighting: 51 1
ect
members of, one from each ward...... j
Politically 29 18
to continue in office until expiration of re 29
42
. 18 I(I
thereafter to appointed byterm,of office................ 29 42
powers and duuties of........ respective terms.......
.m.ayor.. .., _
indebtedness of, limited............ "' 29 42
Body Politic and Corporate: "" 29 42
inhabitants shall be.............
board of education, to be....................................... 3 2
Bonds: 89 1
council may require new official............
failure to furnish, cause for removal. 27 38
for license, terms and conditions of 27.............................. 21 38
custody of 19
treasurer to ..................................... 34 12
give to city............................ 35
to give to county treasurer..........- """" 12
Of constable ...... 34 12
.....................
of justice of the 39 19
of treasurer to be charged with amounts of by auditor.......,,,., 37
41 21
clerk to countersign and register what................. 17
appointive officers must give........ """
34 9 ,
amount of, to be determined by council by ordinance...........,., 9 12
paving-
12
how paid
council may issue without vote of taxpaying electors what amount 67 68 y
for
terms of, amount outstanding, designation...................... 74 19
new, may not issue to take up original............. 19
bridge and public building74 19
amount of, terms, disposition purposes
ea•,,,,,,,,,,,,;;;""""'
73 19
must be authorized by vote of tax paying electors.......... 73 19
of treasurer of board of education............................. 73 19
determination of sufficiency sureties on................. 91 6
of recognizance, need not be given by city on removing 93 1
by appeal . g judgments
on appeal from judgment taking private property for public use.., 97 13
Purchase of sites for school buildings and erection of.............. 91 7
issued by whom..,,,, i
at no time to exceed what amount.. 92 7 '
terms of 93 7
how funded ..................................................... 92 7
mayor may negotiate for and purchase outstandin 98 17
not to be sold for less than face value...........g,,,,,,,,,,,;;;;; 97 17
Of city, not to be given except, etc.......... 17
for electric lighting council may issue, when........ 83-84 18
Boundaries: 99 1
of city
ofwards .... ............................................ 3 1
............... .....
Bridges: 4 3
over mill races.........
prisoners may be put to work on.. """""" 22 23
construction of and repairs of, supervision... """"' 23 25
63 2
0
INDEX. 117
Bridges—Continued: Page, See.
Powers of council relative to.................................... 64 3
superintendent of public works shall have supervision of.......... 63 2
expenses for construction of.................................... 64 3
immoderate driving over, council to regulate..................... 65 4
certain to be kept in repair at expense of city..................... 73 18
borrowing money for construction of, etc......................... 73 19
council to determine the amount of taxes for..................... 78 6
Buckets:
fire, board of police and fire commissioners to have custody of...... 50 8
Buildings:
dangerous, removal of.......................................... 52 6
expense of .....................................................
53 6
erection of, power of council to establish line of.................. 65 4
fine for non-erection on such line................................. 65 4
erected contrary to ordinance concerning the construction of build-
ings so as to prevent fire, declared a nuisance.................. 86 1
inspection of, for the prevention of fires......................... 50 10
school—
board of education to purchase sites for, etc................... 90 3
repair of, etc., sum necessary for to be determined by board of
education ................................................... 91 5
raising of money to build, etc................................... 92 7
may be torn down to arrest progress of fire...................... 88 7
damages sustained, how settled................................ 89 8
public, private property may be taken for........................ 100 1
on lands taken for public, use, to be sold, etc...................... 109 23
council to regulate construction of, so as to prevent fire............ 86 1
Burdocks:
power of council to destroy...................................... 20 18
Butter:
power of council to provide for inspection of..................... is 18
By-Laws:
council to make or amend.................................. 13 11
for collection of taxes....................................... 84 19
C
Canvass of Votes: (See Elections.)
Captain of Police:
howappointed ................................................ 48 3
council to prescribe salary......................................... 49 7
to have powers of constable..................................... 49 5
Cattle:
running at large of, powers of, council to restrain................ 17 18
Carmen:
licenseto ...................................................... 20 18
Cellars:
relative to, construction of....................................... 19 18
Cemeteries:
acquisition of, by city and vacating of, and powers with respect
thereto ...................................................... 53.54 1
city to be owner of lots in old...................................... 54 1
price to be paid to owners of lots in old.......................... 54 1
disposition of old grounds used as................................ 55 2
application of moneys received for old grounds used as............ 55 2
raising of funds to purchase grounds, etc., for.................... 55 3
trustees of, appointment, etc..................................... 55 4
removalof ....................................................... 55 4
concerning deeds to lots to which bodies have been removed....... 54 1
118
INDEX.
Cem eteri es—Ci 09L tin tied:
trustees of, to fix price of lots in.............
plats of, sales and conveyances of lots, improvements in....;:•.. Page. Sec.
ordinances relative to..,.,.. J6 6
city engineer to make surveys for laying out, etc., of,.•.._ 56 6
care and improvement of ...• 5S 9-10
Private .... U iS
Property may be taken for, .... .
council to determine amount of taxes for.., 100 61
...............
Cemetery Fund:
how constituted ......
...... 73 6
not to be used for an
report concerning Y other Purpose.............................. 56 g
to be verified by oath of clerk........................ ....... 56 S
Cemetery Trustees: 56 S
Census: (See Board of Cemetery Trustees.) 57 S
Power of council to
Provide for
of children, taking
iitdren, board of education to provide for taking.,,,,,, ,,,,. 90
Certificate: 20 lg
of appointment of associate alderman as supervisor.... 3
attached to assessment roll.,.,,.•
of election .,_• """" 33 6
inspectors of election shall make...... _.:.:: ' ••••••' .... 77 4
Chairman: 7 S
Of board of cemetery 6 5
Charges: Y trustees..........
necessary55 5
before ren:ova.l of elective officers........
against any officer, Of
of...........
Cheese: .............. 14 14
14 15-16
Power of council to provide for inspection of........... ...
Chief of Police:
marshal to be........ 1S 18
constable to obey lawful orders of.............. .
Circuit Court: 48 3
appeals 9 19
from justice court to, how made..........
{ ! Circuses:
45 Power of council to regulate,,,•,.. 29
Cisterns: 1,
council to regulate construction of 16 1S
City: (See also Mayor, Aldermen,
1 boundaries of ...,,,,, Clerk, etc.) 1S is a,I
F .................................
what name to be known by 3
may sue and be sued....... 1
3 1-2
may have a common seal...... ,I
3 2
may roperhase, hold, convey and dispose of real and
! 3 2
l Y personal
If divided into wards.............................................. 3 word to be used on ballot box.......... 2 expenses of election to be a charge against. 10 J
inhabitants of, electors..... 6 4
+ 20
not prevented from using voting •.•.•''•'''''
{II tickets deposited, boxes marked wahine....................... 4 1
officers of, elected at annual election.....................• 6 3
"city".....:........
appointed officers of, to be appointed by mayor.......,, 66 4
officers of, may be compelled to attend meetings of council........ 6
S 12
property of, under control of council................ 12
t records, etc., of, to be cared for by city clerk................... 9
accounts of, audited b 13 11
claims against, for damages in consequence of defective sidewalks, 13 12
presented to for
and when..... 14 17
ordinances of, made, amended, and repealed by city council........
I 15 17
15 lg
�I'
120 INDEX.
City—Continued:
to be allowed State's share of expenses of improvements...,,,,,, p71e S15
assessments of part paid State lands within.......................
plan of drainage and sewerage for........ 76 2
to recover from railroad companies for draining, etc,. when...... 57 33
suits to be brought in name of............................ 96 12
Process against, service of, etc.........
need not 94 5
give bond of recognizance on removing judgments by ap-
peal .. ... j
supplies, etc., for, rules for purchase of........................... 95 10
to acquire by purchase, etc., works for electric lighting............ 9 9
fee of land taken for public use to vest in, when..................
to constitute one school district. 108
1
................................ 89 1
board of education of.........
school funds of, to be kept separate............................ 90 4
liabilities of, council to determine amount of taxes for............ 79 6
limit of indebtedness........................................... 83 14
City Assessors:
election of, term of office.........
chairman of board, duties and compensation..................... 36 6
to be a member of board of supervisors........................ 36 15
in making special assessments, to act as a board.................. 36 1.5
to make annual assessment of property..........................
to assess sprinkling taxes......... 36 15
to make special assessments for construction of sewers....... 28.. 61 40
shall make special assessments for public improvements, how..... 66 6
to collect tax rolls after determination of cost of improvement...... 67 9
to reassess unpaid taxes under special assessments................
to make assessments, when.. 68 11..........
rules governing the making of assessments...................... 76 76 1
manner of making assessment on part paid State lands............ 76 1
with supervisors to constitute board of review.................... 2
to attach certificate to assessment roll.................. 76 3
power to redescribe, revalue, reequalize several ?7 4
scription of real parts of any de-
to levy moneys to be raised for school purposes ,, _ 77 5
to complete assessment rolls, when.......
.. 91 5
to attach warrant on assessment rolls.......................... 80 7
to levy taxes, how...................... 80 7
shall make tax rolls for each ward,for State,county and school taxes 78 81 6
to attach warrant to tax rolls.................
shall deliver tax rolls to city treasurer.......... .... 81 9
persons interested in the redescribing, etc., of reai•••o•erty* • 81 9
appear before nroperty to
action of redescribing, etc., to he final.. 78 5
to carry out State, school and other taxes against subdivided 78 5
descriptions
to make extra and special assessment roll of certain property 78 5
to return extra and special roll to council......., p p y "" 84 1
to notify owners of certain property of extra and special assessment 84 2
roll and of meeting of board of review........................ 84 2
duty of, as to special assessment roil..
'City Attorney: 85 5
to be appointed by mayor, term of office, duties.........entitled to seat in council.. 8 12
may not vote.. 12 10
legal advisor of council and all officers........ 12 10
attorney and solicitor for city in all """"' '•
party proceedings where city is a 36 16
shall prosecute for offenses against ordinances................... 37 16
is
INDEX. 121
City Attorney—Continued: Page. See.
duties with respect to expense for recovering stolen property...... 43 25
to prepare petition for taking private property and to file with
justice, etc. ................................................ 102 5
in proceedings for taking private property for public use, to move
for entry of judgment of confirmation, etc., within twenty days
after verdict ................................................. 106 13
on appeal from judgment taking private property for public use,
J upon being served with exceptions, duty of.................... 107 15
City Auditor:
to be appointed by mayor, term of office........................... 8 12
duties may be prescribed by ordinance............................ 8 12
duties and powers of................................... .......... 37 17
to be accountant of city........................................ 37 17
claim, if allowed to be reported to............................... 37 17
shall enter upon his books the number of receipts, etc............ 37 17
shall enter all orders issued by clerk.............................. 37 17
shall keep a complete set of books.............................. 37 17
clerk to report amount of tax to.................................. 34 8
to be under supervision of clerk................................ 34 9
shall countersign all orders for payment of money out of city
treasury ...................................................... 28 17
shall keep accounts with treasurer................................ 37 17
to charge added taxes to treasurer same as other taxes............ 86 7
City Boundaries, etc.............................................. 3 1
City Clerk:
elected when, term of office...................................... 6 6
to be clerk of council............................................ 11 4
3 3 7
to be clerk of board of police and fire commissioners.............. 48 1
to be clerk of board of health.................................... 53 7
duties of as clerk of board of health............................ 53 4
member of board of cemetery trustees............................ 55 4
clerk of board of cemetery trustees......... 55 5
no additional salary as clerk of board of cemetery
ry 55 4
as clerk of board of cemetery trustees, to certify report.......... 57 8
r33 7
1 33 8
duties of, as.................................................... 34 9
34 10
11
to give notice of elections....................................... l
34 5 1-2
shall cause notice of elections to be posted....................... 5 1
certificates showing number of votes, etc., to be filed with.......... 6 5
shall make and file in his and county clerk's office, certificates
showing result of election...................................... 7 9
shall notify officers of their election.............................. 8 11
oath of office to be filed with.................................... 8 11
to report to council officers neglecting to qualify................... 8 11
to give notice of time and place of reviewing assessment roll for
special assessment for improvements.......................... 67 7
to notify assessor of unpaid taxes under special assessment........ 69 11
veto of mayor to be filed with.................................... 24 31
to notify council of veto........................................... 25 32
records of city to be filed with................................... 13 12
bonds of constable to be filed with............................. 39 19
proof of publication, how made by................... 23 27
to sign annual financial statement and file same in hi
s office...... 24 29
fee of, for issuing license........ .................... 33 7
shall draw all warrants for payment of claims................... 33
122
INDEX.
City Clerk—Colitinited
shall keen the corporate seal......., Page- Sec.
Shall keep What records, etc................... 33
shall attend meetings of council............ """'"' 33 7
sha.lI record all proceedings of council.. 33
...................... 33 7
shall maize and certify copies of papers and...records.-........ 7
shall have powers of township clerk in cit •''•'' 33 7
shall have power to administer oaths.....Y ••,.., ""' 33 7
shall countersign and register all licenses..................
shall re?,,ort all licenses to auditor............. 3' 7
shall report to city treasurer and auditor all taxes to be levied.... 333
4 7
shall have charge of certain books, vouchers, etc.................. 4 8
shall countersign and register all bonds.......................... 34 9
shall keep a list of property and effects of city................... 34
shall keep a list of debts and liabilities of city....••••••..••• 34 9
Shall have supervision of certain officers.................... 9
to be sealer of weights and measures.................. 34 9
to perform certain duties of township .....
clerk.............. . 34 10
to publish certain ordinances........ 34 10
oath of members of police and fire department to be flied vr... 49 11
to execute conveyances of cemetery lots, etc.......................... 56 5
Plats of cemeteries to be recorded ill office of................. 6
With mayor on direction of council to negotiate loan for paving..,, G9 12
to be served with process against citY> when................1 94
supplies for city may be ordered by..•..,•• 95 10
to keep record of all
to report to council annually list of all Property and supplies •� 95 10
chased for city............... pP pur-
to give notice of taking private property for public use.......... 101 10
City Engineer: 2
how appointed, term...........
compensation of .......... 8
12
custodian of books, surveys, field notes, etc.
a may appoint assistants ........,, ,,,,, 30 46
j, duties as .-..........
38 1&
ss such powers and duties as are conferred upon county surveyors..-, 38 1S
effect and validity of official acts.......... 18
? to,make all necessary plats, maps, estimates, specifications, etc..., 38 18
to make all surveys, etc., for streets, etc.... ................... 18
diagrams or plats of sewers filed in office of'.". 18
................. 59 4-6
to superintend construction of sewers...............to devise plan of drainage.......,,,• 59 2
to make diagram and plat of sewer district...................... sp 3
City Marshal: 8
how appointed ................................. It
to be chief of police............................................... 48
3
vested with powers of sheriff..................................... 48 3
council to prescribe salary.............. 2
constable shall obey orders of.. """""" 49 7
City Physician: .... 39 19
to be appointed by council........,
to certify to removal of persons to pest house...............
..,... 51 1
a member of board of health., 51 2
City Sexton: .................... 51 1
to be appointed flow, salary, removal............................. 55 5
under whose control....,,,,
City Treasurer: 55 5
elected when, term of office..............
no person eligible for this office for two consecutive years.......... 6 6
clerk to report amount of tax to.... 6
34 8
INDEX. 123
City Treasurer—Continued: Page. See.
to be under general supervision of clerk.......................... 34 9
duties and powers of........................................... 34-15 12-14
shall have custody of all moneys and of what papers.............. 24 12
shall collect all taxes.......................................... 34 12
shall give bonds to city and to county treasurer................... 34 12
shall pay money only on warrant................................ 34 12
shall keep account of moneys................................... 25 12
general law powers same as township treasurer.................. 35 lq
monthly report of............................................... 015 11
books, etc., open to inspection of tax payers...................... 35 13
annual report of............................................... 015 10,
shall keen all moneys distinct from his own.................... 35 1.4
receipts, etc.,to be signed by auditor......... ........ ........... 36 14
may be removed from office, when................................ 36 14
auditor to have accounts with.................................... 27 17
to be charged with taxes, etc., by auditor........................ 217 17
accounts to be audited, when and by whom....................... 233 29
to report to city clerk non-payment of taxes under special assess-
ment ........... ......._.................................... 69 11
duty of, in regard to taxes paid under invalid assessment. roll.... 70 131
to collect taxes, when............................................ so 7
authority to levy taxes.... .................. .................... so 7
to notify tax payers of delivery to him of tax roll. ............. 80 7
shall return list of unpaid city taxes and ward taxes to council.... 80 8
to pay county treasurer taxes.................................... 81 9
to retain sum due to city........................ ...... ....... 81 9
may notify tax payers in newspapers of delivery of tax roll........ 81 9
to collect taxes by distress and sale.............................. 81 9
percentage for collection of taxes to be determined by resolution
of council. (See Percentage.).................................... 81 10
to be paid net proceeds of sales for delinquent taxes.............. 82 11
to be paid sums paid before sale................................. 82 11
to be present at review of extra and special assessment roll...... 85 4
collection of added taxes by...................................
86 6
to keep school funds separate................................... 90 4
to pay over to treasurer of board of education moneys............ 90 4
to report the condition of school fund............................ 90 4
City Treasury:
orders on to be countersigned by auditor.......................... 38 17
no money to be drawn from, except upon order of city clerk and
countersigned by auditor...................................... 90 3
no money except school moneys to be drawn from except by ap-
propriations .................................................. 83 17
Claim:
of appeal from judgment taking private property for public use.... 106 14
if allowed, to be reported to city auditor.......................... 1.5 17
against city, auditing of, and rules concerning................... 15 17
definitionof .................................................... 15 17
against city, to be audited and settled by whom................... 23 29
warrants for, how drawn........................................ 33 8
for damages occasioned by buildings torn down to arrest progress
offire ....................................................... 88-89 7-8
Commissioner of State Land Office:
to make and deliver to city assessors list of State lands within city. 76 2
to furnish lists of lands to auditor general........................ 82 12
to charge penalty against delinquents........................... 82 13
Committees:
aldermen to serve on, when..................................... 11 5
J,
124
INDEX.
Commi ttees—Cozztinued:
chairman may administer oaths, when Page. Sec.
may compel witnesses to testify..... 14 16
for examination of reports of treasurer 93 2
aldermen to act up er...... .
o ..............
n 14 16
Commissioner of Highways:
35 13
superintendent of public works to be.,,,, 32 5 s
Common Prostitutes: ••
63 Power of common 2
Common Council: council to punish..........
how constituted 15 18
mayor president of................................................ 11 1
President pro tem oY'.............. 11 2
City clerk, clerk of...........
11 3
appointment of clerk_ by, in absence of clerl....................... 11
aldermen shall be members 4
Judge of election returns and qualification
attend meetings of. 11 4
meetings of time and place,qualification of members............ 11 special meetings of........_ 6
.........
meetings of, to be 6
1
quorum of .. Public........................................ 11 6
business requiring two thirds vote of aldermen elect..., ..,. 12 7
conditions under which council may reconsider or rescind at special 12 7
meetings
12 7
business requiring majority vote of.....,, 12 may make its own rules.......... 7 12 7
Y Yeas and
may compel attendance ................votes taken b try 8
ndance of members of..,,.,,., 1.
may enforce fines and 12 8
i prescribe punishment 3
Officers to have seats itt............
12 g
officers may be required to attend meetings of 12 10 It
general powers of....... 12 10
care and use of city records, books and papers.......
13 11
Penalty for injury to records, books and papers.,,,., 13 12
19
members of ineligible to other offices or to share in contracts...... 13 12
Penalty for accepting other offices, or share in contracts......., 13
president of may administer oaths when......... "" 14 13
members of may be removed by mayor with consent of council.... 14
1 members of, may be expelled by two-thirds vote of all aldermen., 14 16
may request the issue of subpmnas...., 14 14
may compel attendance of witnesses............. 14
14
shall determine salary of ofhcers...... 15
duties of, as to auditin 14 16
g accounts and claims....... ............ 47 32r
definition of claim,...,
i time within which to present claim to.. 14 17 z' Powers of 15 17
to prevent vice immorality, 15 17
to quell riots Y, etc.. 15 18
i , etc.... •....................... 15 18
to preserve peace,. 15 18
to protect property ............................ .......... 15 18
y.................. .........
to provide punishment for injuries to property... ;:: 15 18 `
to apprehend and punish vagrants, etc........., 18
to prevent health nuisances.,,, "" •••• 15 18
to prohibit disorderly and
to regulate, license or gambling houses,,,,,,,.. """"' �6 18
prohibit billiard tables.............. 16 18
to prohibit and seize gambling devices...,,.,,,, :: 16 18 to regulate and suppress places where liquors are sold........ 16 18 t'
to prohibit and prevent sale of spirituous liquors to certain 18
persons
............................ 16 18
i�
i
1
it
INDEX, 126
Common Council—Continued:
to prevent and punish violations of Sabbath............... P1Ge. sec.
to license auctioneers............. 18
to regulate or prohibit sale of property "..'. 17 is
ert
to license peddlers and p p y at auction............ 17 i8
awn
to establish and regulatepounds brokers........................ 17 18
to restrain and regulate the running at large of animals...... 18 is
17 is
to license dogs ....
to prevent dog fights.......... is is................................ 18 18
to prevent the deposit of offensive substances.......
to regulate and license saloons, taverns, etc............. 1s i8
to regulate and license vehicles......... ""' 13 18
to provide and regulate sale of meats, vegetables, etc.........to license butchers 18 is
to regulate weighing and measuring wood, coal, hay, etc...... is 13 Ij
to provide for inspection of weights and measures..........., 18 18
to enforce to regulate t he u weightsse of proper d measures
a e
etheconstruct on and epaira duseof vaults, cis- 18 18
terns, pumps, sewers and gutters..........
to prevent indecent exposure of """""" is is
person, or sale, or exhibition for sale of obscene pictures, etc...........
to regulate bathing in rivers and ....."'"'•'•• 18 1S
ponds of city............... 19 18
to provide for cleaning rivers.................. '€
to prevent the deposit of improper material 19 18
in rivers........., 19 18
to compel the cleaning up of unwholesome places or houses.... 19 18
to regulate the buying, selling, and using of gunpowder, fire-
crackers, etc. .
to restrain the lighting of fires in streets.. 19 is
.................. 19 18
to direct and regulate the construction of cellars, barns, etc.... 19 18
to prohibit, prevent and suppress mock auctions, fraudulent
games, etc. .......
to punish persons managing mock auctions, etc.............. 19 18
20 18
to prohibit, prevent and suppress lotteries, etc............... 20 is
to punish all people managing lotteries, etc..............•,• 20 18
to license and regulate solicitors for baggage or passengers.... 20 18
to license draymen, carmen, drivers, etc.................
to provide for care of paupers.......... "" 20 18
to provide for punishment for bringing c ' .... ...... ....' 20 18
g g paupers to city.
to provide for taking a census............. 20 1820 18
to provide for making of ordinances and regulations by...... 20 18
to authorize number of policemen with pay............
to fix compensation of members of board of health............ 48 3 to approve of bond of city treasurer.......... 53
o cause bridges, wells, etc., to be built 34 12
........................ 64 3
to grade, pave, etc., any street, etc..............
to provide for planting shade trees................ 64 3
to raise, drain, etc., any lots........... 64 3
to establish lines upon which buildings may be erected on any 64 3
street, etc. ......
to prescribe duties of city officers.. """"' 65 4
to regulate signs, advertisements, etc......................... 47 31
65 4
to designate location of hay, wood, etc., markets.............. 65 4
to regulate traffic in streets.............
to prohibit immoderate driving,etc., in streets and over bridges to regulate gatherings in the streets. G5 4
............
to prohibit the running at large of certain animals.......... 65 4
to clean and purify stre'ets......... 65 4
I to remove nuisances, etc.............. 65 4
to accept and confirm dedication of lands for streets and 65 4
alleys, etc.
........... 74 20
i
1
126 INDEX.
Common Council—Continued: page. Sec.
to prescribe stands for all vehicles kept for hire.............. 65 4
to require the destruction of clogs found at large contrary to
ordinance 65 4
to make ordinances relative to appointive officers.............. 47 31
to make ordinances, etc., relative to paying for public improve-
ments and proviso................... 64 3
to determine what sewers benefit private property............. 60 7
to approve special assessments for construction of sewers...... 60 10
to direct city engineer to construct sewer..................... 61 12
to order public improvements........... 63-64 1-3
to declare by resolution the making of any public improvement 64 3
to require destruction of noxious weeds........... 20 18
shall require notice to be served on property owners before destruc-
tionof weeds................................................. 20 1S
may grant no exclusive rights.................................. 20 1s
may license telegraph and telephone companies................... 21. 18
may fix conditions, terms upon which licenses may be granted..... 21 19
may revolve licenses, when...................................... 21 19
may prescribe amount of bond required from person receiving
license 21 19
may provide for punishment of persons without a license.......... 21 20
shall have same power in relation to regulation of license for tav-
ern, grocery and saloon purposes as are now conferred by State
laws on township boards............... 22 22
shall have power to require owner to build mill-race, etc........... 22 23
shall have power to build millraces at expense of city............ 23 24
shall have power to recover expense of covering mill-races........ 23 24
shall have power to impose penalty for not building mill-race...... 23 25
limit of penalty imposed by..................................... 23 25
work of prisoners under sentence................................ 23 25
ordinances of, to take effect, when.......................... 23 26
1p ordinances of, may be evidence in court of,justice................. 23 27
shall audit and settle accounts of city treasurer, when............ 24 29
shall audit and settle accounts of other officers and people having i
claims against the city or accounts with it...................... 24 29
shall make annual financial statements of city. by whom signed
and where kept......... 24 29
may grant franchise by two-thirds vote of aldermen elect.......... 24 30
shall have power to make contracts.............................. 25 33
shall advertise for bids for doing public work..................... 25 33
shall publicly open bids......................:.................. 25 33
may require bidders to furnish security.......................... 25 33
may order public improvements without letting of contracts....... 26 33
may reject any or all bids...........:.
25 33
shall have control over railroads, how..........
26 34
may compel railroads to change or alter crossings, raise or lower
tracks, to weep flagmen at crossings, etc....................... 26 35
may regulate speed of trains within city.......................... 26 35
may require lights at crossings and stations.
.................... 26 35
may impose punishment for violation of ordinance............... 26 35
may require R. R. CO.'s or Street R. R. Co. to open or repair cul-
verts, ditches, etc.......... 27 36
may direct work to be done at expense of R. R. Co...... 27 36
may provide for relief of poor persons, how...................... 27 37
may require new bonds of officers............ 27 38
may remove officers for failure to furnish new bonds.............. 27 38
may erect lights................... 27 39
may cause streets to be sprinkled and provide for expense thereof.. 28 40
has power to provide city penitentiary............................ 28 41
it
� i
i
INDEX. 127
Common Council—Continued: Page. Sec.
may maintain and extend water works and electric light plant.... 28 42
may appoint an accountant..................................... 29 43
has power to mane contract for city printing and publish official
proceedings .................................................. 30 45
may complete contracts for public improvements.................. 30 46 `
may determine necessity for purchase, etc., of hospitals, etc., out-
side of city limits............................................ 31 48
fpowers of, over parks........................................... 31 49
may enforce ordinances relative to city property outside of city
limits ........................................................ 31 48
shall afford fire and police protection to State property............ 31 50
shall appoint and remove members of board of police and fire com-
missioners ................................................... 47 1
shall fix salary of city marshal, captain of police, chief engineer,
policemen, members of fire department and fire wardens......... 49 7
may remove members of board of police and fire commissioners... 51 11
power to appoint city physician.................................. 51 1
may order the removal of dangerous buildings, etc................ 52 6
may prohibit the interment of the dead within the city............ 53 1
may prescribe time and manner of removing dead bodies.......... 54 1
may sell ground formerly used for cemeteries..................... 55 2
may appropriate moneys for cemetery grounds................... 55 3
may appoint cemetery trustees.................................. 55 4
may remove cemetery trustees................................... 55 4
may remove city treasurer from office and fill vacancy............. 36 14
j may fix bonds of constable....................................... 39 19
may b ordinance prescribe duties of a 8 12
Y Y P appointive of�icers...........
47 31
ordinances of, relating to fire.................................... 50 10
to be advised of the exhaustion of any particular fund............. 37 17
may not increase or decrease salary of officers during the year..... 49 32
monthly and annual report of city treasurer to be made to........ 35 13
justices to report to............................................. 43 24
to publish notices, etc., when.................................... 23 28
city attorney, legal adviser for................................... 36 16
proceedings preparatory to investigation of charges by............ 14 15
veto of ordinance passed by..................................... 24 31
Passage over veto................................................ 24 31
must be notified of veto.. ...... .. ...... ...... 24 32
designation of assessors of the several wards to be made by reso-
lution 36 15
to review assessment roll for special assessment for public improve-
ments ........................................................ 67 8
may set aside special assessment roll and direct new assessment.... 67 8
may correct special assessment roll............................. 67 8
may vacate and set aside invalid assessment roll................. 70 13
to assess lands of non-residents.................................. 71 16
to invest cemetery trustees with necessary powers................. 56 5
to afford police and fire protection to State property....::......... 31 50
may order special election........... 5 2
shall provide ballot boxes....................................... 6 3
to approve bonds of appointive officers............................ 9 12
shall determine by ordinance amount of bonds for appointive officers 9 12
may make additional assessments................................ 68 10
shall provide by ordinance for construction of sidewalks, how...... 71 16
may direct use of moneys received for penalties.................. 97 15
application to be made to, to assess damages for loss sustained for
buildings torn down to arrest progress of fire.:................. 88 7
1
128 INDEX.
Common Council—Continued: Page. Sec.
to submit question of borrowing money to electors to pay for elec-
tric light works ..... .... .... ........ 99 1
to provide for appointment of board of electric light works........ 99 2
shall levy and collect money to pay principal and interest of indebt-
edness for electric light works'................................. 99 3
supplies for city may be ordered by.............................. 95 10
power to contract with banks for safe keeping of money, etc....... 94 8
may direct removal of prisoners from city to county jail.......... 96 11
to determine compensation for keepers of jail for keeping prisoners 96 11
to declare by resolution for taking private property for public use
and to appoint a meeting for hearing objections, etc............ 100 2
hearing of objections to taking private property for public use by i
and disposing of by resolution.................................. 101 4
upon receiving copy of verdict, etc., to take private property for
public use, to make special assessment......................... 108 17
to pay or tender to owners of property taken for public use, dam-
ages within six months........................................ 108 18
to sell buildings on private property taken for public use.......... 109 23
may provide compensation for injury received by firemen, etc...... 87 4
may prescribe duties and powers of board of police and fire com-
missioners, mayor, alderman, marshal, etc., at fires............. 87 5
may provide for removal from fires of disorderly persons, etc...... 88 6
may provide for compulsion of persons to assist at fires............ 88 5
may compel marshal to be present at fires........................ 88 5
may regulate construction of buildings to prevent fires............ 86 1
may compel owners of buildings to have scuttles on roof.......... 87 2
may provide for fire engines, etc................................. 87 3
apportionment of taxes by, to be entered on records............... 78 6
necessary number of, to increase amount of taxes to be raised.... 79 6
to determine amount of taxes.. ........................... 78 6
limit of amount of tax to be raised by........................... 78 6
?; to determine amount of tax to be raised in each ward.............. 78 6
to call a meeting of tax payers to increase rate of taxation........ 79 6
to appoint board of inspectors to determine result of vote to increase
H rate of taxation.............................................. 79 6
to direct assessors to reassess delinquent city and ward taxes...... 80 8
to fix percentage to be paid city treasurer for collection of taxes.... 81 10
amount to be borrowed by, limited.............................. 83 14
to provide for sinking fund...................................... 83 15
to examine, etc., all demands, etc., against city................... 83 16
., may make by-laws for assessment and collection of taxes.......... 84 19
may order extra and special assessments of certain. property...... 84 1
to sit as board of review, when................................. 85 4
duties of when sitting as board of review................ 85 4
shall grant a hearing for persons complaining of special assessment 67 8
to negotiate loan and issue bonds for electric lighting............. 99 1
to provide ballot boxes for election.. .. 6 4
general and special powers of, for regulation of business, removal of
nuisances, and imposition of penalties......................... 65 4
may establish markets, etc.. .. .... 58 1
may adopt rules and regulations for markets..................... 58 2
may remove tainted meats from markets......................... 58 2
may negotiate for right of way.. .... 63 1
may determine how expense of making certain improvements shall
be defrayed ............................... 64 3
may regulate use of highways, etc.. .. .... ............ 65 4
may direct mayor and clerk to negotiate loan for paving........... 69 12
may borrow without vote of electors, how much for paving, and
issuebonds therefor.......................................... 73 19
i
i,
i
INDEX, 129
c
Common Council—Continued: Page. Sec.
may borrow money for bridge purposes, etc., and issue bonds of
city when authorized by vote of tax-paying electors.............. 73 19
may not authorize new bonds to take up originaI.................. 74 19
may extend time of payment of paving taxes..................... 68 10
may pass and enforce ordinances relative to cemeteries............ 61 9-10
report of board of cemetery trustees to be made to................. 56 8
! may direct material for, width of, etc., of sidewalks............... 72 16
may repair sidewalks and charge same to contingent fund.:::::::. 71 16
may add expense of repairing sidewalks to general city tax on
such land ... ....-. ... ,.,
72 16
powers of relative to sewers, drains, etc.......................... 59 1
to approve of plans for sewers................................... 59 4
may provide for main or trunk sewer without expense to sewer
districts ...................................................... 60 6
determination of, as to construction of sewers to be declared, how.. 61 9
shall cause plats of sewer district to be recorded.................. 61 9
may charge annually, owners of private drains for connection with
public sewers ................................................ 62 14
determination of, how expenses of public improvements shall be
i borne, declared how.......................................... 65 5
commissioners of highways to be subject to....................... 63 2
Compensation:
State board of auditors shall allow, to city for protection to State
property ..................................................... 31 50
of offices to be determined, how................................. 47 32
sale of, not to be increased or diminished during the year.......... 47 32
of members of board of health, to be paid from what fund.......... 53 8
of members of board of police and fire commissioners.............. 48 1
of aldermen as supervisors ..................................... 32 6
of draymen, hackmen, etc........................................ 20 18
of chairman of board of assessors................................ 36 15
of justices of peace for certain cases............................. 42 22
of marshal, captain of police, etc................................. 49 7
of clerk as clerk of board of cemetery trustees..................... 55 4
ofcity engineer................................................. 47 32
of city sexton.. ..... ... ... .... .............. 55 5
.. ...... ..... ... ....
for taking private property for public use, how paid............... 101 3
council may provide for injury received by firemen, etc............ 87 4
of members of board of education .................. ............ 89 1
of superintendent of schools.. ...... ..................... 90 3
of keeper of jail to be determined by council...................... 96 it
awarded to owners for taking private property for public use.... 105 10.11
tobe paid, when................................................ 108 18
of officers, jurors and witnesses in proceedings for taking private
property for public use....:for d ages .....chan ....grade
109 21
to owners of adjacent property for damages from changing grade
of streets 64 3
Constables:
elected, when ............................................... 6 6
terms of office of.. ...................................... 6 6
powers, duties, and liabilities of.................................. 39 19
powers, authority and fees same as township constables........... 39 19
to serve process for breach of ordinances.......................... 39 19
to obey orders of mayor, etc..................................... 39 19
penalty for neglect of duty...................................... 39 19
togive security................................................. 39 19
compensation of ............................................. 39 19
fees, disposition of.. ...................................... 39-40 19
expenses, file statement of ....................................... 40 19
9
130 INDEX.
,
Contingent Expenses: Page. Sec.
council to determine amount of taxes for......................... 78 6
Contingent Fund:
compensation of members of board of health to be paid from....... 53 8
expenses of election to be paid out of............................. 10 20
treasurer's percentage to be paid from........................... 82 10
Contracts:
{ to be made by council........................................... 25 33
to be let to lowest responsible bidder............................. 25 33
for city printing and official proceedings......................... 30 45
with banks for safe keeping of money belonging to city........... 94 8
t for public improvements to be made by council.................... 25 33
bidder for may be required to give security....................... 25 33
members of board of education not to be interested in............. 93 10
Conveyances:
of cemetery lots to be executed on behalf of city.................. 56 6
County of Ingham:
to pay for arrest, examination and confinement of certain offenders 97 16
to be credited with taxes returned on State lands in city........... 82 12
County Treasurer:
city treasurer to give bond to.................................... 34 12
taxes to be paid over to.......................................... 81 9
Crosswalks:
claims for damages arising from defective,how presented.......... 15 17
council may cause same to be repaired............................ 64 3
expense of repairing, etc.. 64 3
it Culverts:
kept open and repaired by whom..
D
Damages:
arising from injuries received from defective streets, etc., claims
for, how presented ..................... 15 17
for loss of buildings torn down to arrest progress of fire, how settled 88 78
awarded to owners of property, taken for public use haw to be
paid, when ....................... 108 18
for taking private property for public use, how paid........ 101 3
to property, resulting from changing grade of streets, how to be
paid .......,.................................... 64 3
Debts.
bonded, refunding .............................................. 98 17
of Mt. Dope cemetery, how funded........................... 55 2
Dedication:
oflands for streets................................ """"" 74 20
Defaulters:
ineligible to office............................................... 10 17
votes for, to be void.. ..................... 10 17
t if any officer shall be, office thereby vacated........... "" 10 18
Delinquent Taxes:
law applicable to city taxes...................................... 80 8
proceeds of collection sales for, by county treasurer, to be paid
citytreasurer ................................................ 82 11
onState lands......................................... 82 12 13
Director of Poor:
council to provide for election or appointment of................. 27 37
compensation of ... 47 32
duties prescribed by council....................... 27 37
Disease:
board of health to take measures to prevent entrance of........... 51 2
INDEX. 131
Disease—Continued: Page. See.
persons coming from infected places to be examined.............. 51 2
persons infected to be removed to pest house...................... 51 2
report of, to be made to whom................................... 52 3
penalty for bringing infectious diseases into city................. 52 4
duties of hotel keepers, etc., in regard to.......................... 52 5
Disorderly Persons:
power of council to punish....................................... 15 is
11
council may provide for removal of, from fires.................... 87 5
88 6
Ditches: (See Drains.)
Dogs:
running at large of, and fighting in streets, power of council to
regulate and prohibit.......................................... is 18
licenseof ...................................................... 18 18
tax on owners.................................................. is 18
Drainage:
of low grounds, power of council to provide for.................... 19 18
of lots, blocks, etc., expense of, how defrayed..................... 64 3
Drains: (See Sewers.)
private, power of council to direct construction of, etc............. 19 18
may be ordered... ................................ 61 12
may be connected with public................................ 62 13
owners of liable to assessment.............................. 16 14
expense of providing............................................ 62 15
prisoners to work on...... ... 23 25
council to require railways to make, 27 36
to be established, etc., by council................................. 59 1
taking private property for...................................... 59 1
when practicable shall be constructed in public streets............. 59 1
expense of repairing, etc........................................ 62 16
city engineer to supervise construction of........................ 59 2
ordinances relative to.. ................................ 62 17
private property may be taken for............................... 100 1
Drays: (See Vehicles.)
Draymen:
power of council to license and regulate.......................... 20 18
Druggist:
when deemed saloon keeper.. 22 21
Drunkards:
power of council to punish... .... ..................... 16 18
power of council to prohibit selling liquors to..................... 16 18
Duties and Compensation of Officers............................... 31
E
Education:
Board of, (see Board of Education.)
electionsand appointments...................................... 5
Elections:
manner of ..................................................... 5 3
held annually in each ward,.—......—*********............. 5 1
timeand place of............................................. 5 1
notices to be posted six days previous thereto................... 5 1
officers elected at annual....................................... 6 6
to be held and conducted, how.. 5 3
designated on ballot if person voted for is to fill vacancy.. 7 7
votesto be canvassed by inspectors.............................. 6 5
determination of vote............................................ 7 9
votes for defaulters void......................................... 10 17
i
i
132
INDEX.
Elections—COntiazued:
expenses of, to be paid from contingent fund...,,,.,_, Page. Sec.
result determined by council...... 10 20
inspectors of and their ditty """"""' ......••• 7 g
inspectors of, shall make certificates............................. 6 4 5
duplicate certificates showing result of, to be made by clerk...,.,, 6 5
determination of tie vote................... 7 g
ballot boxes to be provided by council................. 7 9
use and care of.......... 6 4
separate boxes for city and ward tickets...................... 6 4
at any election for city officers, the word "city" to appear on one 6 4
box, word "ward" on other.......
returns of, members of council, to be judge of................... 11 4
no person to vote at, unless name on new register......... 6
clerk to notify persons elected.............. ........ 5 3
nothing to prevent city from using voting machines............... 8 11
special— 6 3
may be ordered by council, time and place where held......... 5 2
notice b be delivered to inspectors by clerk...................to be published in newspapers....... 5 2
specifying offices to be chosen.........
to fill vacancy in office of alderman to be held when and when 5 2
not necessary
to decide question of purchase, etc., of electric light works, 8 10 1
determination of vote, etc..........
Elections and Registration........... """""" 99 1
Electors: 4
who shall constitute.
when to vote., 4 1
where to vote... ............................................... 4 2
residence
defined ••••••••••• 4 2
residence of one not an householder,. """" 4 2
registration of ... 4 2
to be eligible to office, must be an................................ 4 3
Electric Lighting: 10 17
City may acquire by purchase works for.......................... 99
limit of expenditures therefor......., 1
question of borrowing money therefor to be submitted to taxpayers 999 1
9 1
council to provide for board of.,,,,,,,
term of members of 99 2
Engine Houses: 99 2
council to provide for......,,
Engineers: 87 3
to be appointed by mayor.,
Evidence: """'•"......•
t 8 12
record of entry by city clerk, or certified copy of, to he prima facie,
as to publication of ordinances..................
ordinances to be used as.............. 23 27 j
j copies of papers and records certified to by clerk, to be............ 2 27
records of board of health to be........ "" 33 7
of existence of streets, etc., book of street records to be.....,,..... 53 7
63 2
assessment roll to be prima facie of regularity of proceedings, 1 109 19
allegations in petition filed by city attorney in etc" 108 17
private Y proceedings to take
property for public use shall tee...........
of regularity of proceedings to a '"' 109 22
of certain papers to be..,, appropriate private property, retard
Execution: """' •••• 109 1.9 r
for j penalty, issue and terms of.. 97 14 ?
� i
I g
r
INDEX. 133
Exhibitions: Page. See.
power of council to regulate, etc.................................. 18 18
Expenses:
of election, how paid............................................ 10 20
of covering mill races, may be recovered, etc...................... 23 24
of erection of gas lights, etc., by council, assessed how............. 27 39
of removing noxious weeds to be assessed to property.............. 20 18
of sprinkling streets............................................ 28 40
of recovering, etc., stolen property............................... 43 25
of cleaning chimneys, etc., may be collected as taxes.............. 50 9
or removing dangerous buildings, etc............................. 52 6
of recording conveyances of cemetery lots........................ 56 6
of removing bodies from old to new cemeteries.................... 53 1
of certain public improvements, how defrayed..................... 64 3
of public improvements, proceedings when to be borne by prop-
erty benefited .................. ............................. 102 5
of improvements, lands of non-residents to share in................ 71 16
certain bridges to be kept in repair at expense of city.............. 73 is
of draining, etc., to be met by railway companies, when.......... 27 016
of providing ditches and water courses.......................... 62 15
of repairing sewers, etc.......................................... 62 16
of making private drains, etc....................................
61 12
for construction of certain sewers how paid...................... 60 7
for construction of district sewers, how paid...................... 61 9
of draining, etc., to be met by R. R. Co., when.................... 27 36
of arrest, etc., of offenders against the State...................... 97 16
of electric light works, limit of................................. 99 1
of taking private property for public use, how paid................ 101 3
of placing scuttles on roofs, etc., by board of police and fire com-
missioners a charge against property........................ 87 2
F
Fee:
of land taken for public use, when to vest in city................ 108 19
for issuing license to be paid to city clerk....................... 33 7
Fees:
to be paid by butchers for license, power of council to regulate.... 1.8 18
ofconstables .................................................. 39 19
of justices for trying city cases................................... 41 22
no member of board of police and fire commissioners to receive.... 49 6
of city treasurer: (See Percentage.)
of officers, jurors and witnesses in proceedings to take private
property for public use....................................... 109 21
Finances:
city, common council to have control of.......................... 13 11
Pines:
for non-attendance of alderman at council........................ 12 9
for violation of ordinance for regulating speed of trains in city.... 26 35
of constables for neglect of duty.. .. ....................... 39 19
for failure to report cases of infectious diseases................... 52 5
for refusal to erect buildings on line established by council........ 65 4
for malfeasance in office......................................... 94 7
disposition of certain............................................. 53 9
Fire Department: (See Board of Police and Fire Commissioners.)
Firemen:
council may provide compensation for injuries to.................. 87 4
Fires:
In the streets, power of council to restrain........................ 19 18
134 INDEX.
Fires—Continued: Page. Sec.
prevention and extinguishment of................................ 86 1-8
council to regulate construction of buildings so as to prevent...... 86 1
council to provide fire engines, etc........ ...., ,,,, 87 3
orders of members of board, etc., at fires, to be obeyed............ 88 6
' building may be pulled down to arrest fire....................... 88 7
damages for pulling down buildings, how determined and paid.... 88-89 7-8
Fireworks:
power of council to regulate sale and use of...................... 19 1S�h Fish: l
power of council to provide for inspection of...................... 18 18
Flour:
power of council to provide for inspection of...................... 1S 1S
Franchise:
f` granted by whom................................................ 24 30
necessary vote to grant.....................:..................... 24 30
i conditions of ............................... ............. 9S 18
city may acquire, how........................ ............................. 98 1S
i Fund:
contingent: (See Contingent Fund.)
to be given credit for moneys paid................................ 37 17
to be charged with all orders..................................... 37 17
exhaustion of, to be reported..................................... 37 17
separate account of each......................................... 37 17
warrant charged to particular.................................... 37 17
school ........................................................... 90 4
sinking: (See Sinking Fund.)
r
Gambling:
} power of council to prevent...................................... 16 1S
General Improvement Fund:
classification of ................................................. 78 6
General Sewer Fund:
expense of constructing certain sewers to be paid from.......... 60 7
a" Geese:
running at large, council to prevent............................. 17 18
65 4
Grocers:
m
general laws of State in regard to regulations of................ 22 22
when deemed saloon keepers.................................... 22 21
Gutters:
Power of council to regulate construction of, etc.................. 18 18 i
Gunpowder: t-
council to regulate buying and selling of......................... 19 18 `
Hacks: (See Vehicles.)
Hay: :
inspectionof ..................................................... 18 18
Hawkers:
Power of council to licence, etc.................................. 17 18
Health Officer:
I senior alderman to be for his ward.............................. 33 6
Highways:
rights of R. R. Co.'sin........................................... 26 34
� division of city into districts.................................... 26 3564 2
3'
INDEX. 135
Highways—Continued: Page. Sec.
under supervision of superintendent of public works.............. 63 2
superintendent of public works to be commissioner of............ 63 2
repairing, regulation and record of............................... 63 2
evidence of existence of.......................................... 63 2
council may cause to be graded, etc.............................. 64 3
expense of grading, etc., how defrayed............................ 64 3
use of to be regulated by council................................ 65 4
Hospital:
board of health may establish.................................... 51 2
council may purchase ground for, etc............................ 31 48
Horses:
running at large of, power of council to restrain.................. 17 is
Hotel-keeper: (See Tavern-keeper.)
Houses:
disorderly, etc., power of council to prohibit...................... 16 is
Ice:
owners of lots to keep sidewalks clear of........................ 71 16
Impounding:
of certain animals, power of council to authorize........ 17 is
Infectious Diseases:
cases of, to be reported and penalty for failure to, report.......... 52 5
Ingham County: (See County of Ingham.)
Inspection:
of weights and measures, power of council to provide.............. is 18
of meats, power of council to provide for........................ 18 is
of buildings, etc., for the prevention of fires...................... 50 10
Inspectors:
of elections: (See Elections.)
of wood, to be appointed by mayor, term of office................ 8 12
duties of may be prescribed by ordinance........................ 8 1247 31
board of, to determine result of tax payers meeting to increase rate
oftaxation ................................................... 79 6
Interment:
of the dead to be regulated by council............................ 53 1
Interest:
on postponed taxes.. ............ 68 9
on "City of Lansing Paving Bonds" and bridge bonds............ 74 19
on taxes on State lands, a lien.. .............. 82 13
Interest Fund:
council to determine amount of taxes for........................ 78 6
Judgments:
against city may be appealed, etc............................... 97 1,3
Janitors:
to be appointed by mayor........................................ 8 12
Jurisdiction:
of Justices of the peace, general................................... 40 20
under city ordinances..................................... 44 27
civil ............................................................ 44 29
criminal ......................................................... 46 30
over prosecution for violation of ordinances, etc., of board of educa-
tion ............................................................ 90 2
136 INDEX.
Jury: Page. See.
in proceedings for taking private property for public use, drawing
of ........................................................... 104 8
oath, hearing of evidence by.................................... 104 9
verdictof ........................................................ 105 10
award, form of verdict.......................................... 105 11
to have use of maps, etc......................................... 105 11
to specify in verdict lands and premises as to which they fail to
agree .................. ......... ......... ....... ............ 106 12
in case of disagreement, new jury to be drawn.................... 106 12
Justice of the Peace:
elected when .................................................. 7 6
salaryof ...................................................... 41 22
jurisdiction and powers of (see also jurisdiction).................. 40 20
oath and office filed where....................................... 41 20
bondsof ..................... ................................... 41 21
duties of under city ordinances.................................. 41-42 22
compensation of, for trial of cases under ordinances.............. 44 27
collection and disposition of fines by............................. 42 22
fees, to whom paid............................................. 42 22
report, each month............................................... 42 22
report, each quarter............................................. 43 24
orders issued, to whom payable.................................... 42 22
jury and officers' fees........................................... 45 29
clerk, how appointed.............................................. 45 29
stenogapher, when ......................................—...... 46 30
reason for removal ............................................... 43 23
disposition of stolen property by..........—.................. ... 43 25-26
to be justices of the county...................................... 40 20
to issue process to compel attendance before council.............. 14 15
to account with council quarterly ............................... 43 24
duty on receiving petition for taking private property for public use 102 6
may appoint guardian for infant respondent, etc.................. 103 8
may empanel a new jury in case of disagreement.................. 106 12
to enter verdict and award of jury and all proceedings on docket
and confirm determination, etc................................ 106 13
on appeal from judgment, to make transcript of all proceedings, etc. 3-07 15
to transmit copy of verdict to council............................ 107 17
petition prepared by city attorney for taking private property for
public use to be filed with a................................... 102 5
L
Lansing: (See City.)
Laws:'
of city to be enforced by council.................................. 32 1 11
of council, proof of in court...................................... 23 27
Lard:
power of council to provide for inspection of..................... 18 18
Library:
school ......................................................... 91 3
board of education to determine amount necessary for purchase of.. 91 5
License:
to be fixed by council............................................. 21 19
person receiving to execute bond................................. 21 19
may be revoked by council....................................... 21 19
person holding forfeit all payments in case of revocation.......... 21 19
termsof ....................................................... 21 20
not transferable ................................................. 21 20
Punishment for failure to obtain................................ 21 20
i
i
INDEX. 137
License—Continued: Page. Sec.
sums received for, to be paid into city treasury.................. 22 20
who are required to procure.................................... 22 21
to be countersigned and registered by clerk....................... 33 7
to be reported to auditor by clerk................................ 33 7
fee for, to be paid by whom....................................... 33 7
fee for to be paid to whom....................................... 33 7 i
employment agencies .............................................. 17 IS
intelligent offices ............................................... 17 18
billposting ...................................................... 17 18
Lien:
I
expense of constructing private drains shall be a.................. 62 14
annual sum charged for connecting private drains with public
sewers shall be a............................................. 62 14
special assessment to be................. 68 11
expense of repairing sidewalk by council shall be a................ 71 16
Paving taxes and interest to be.......... 68 9
special assessments of sums awarded in taking private property j
for public use, to be a...................... 7
108 1,
on property taken for public use, covenants and agreements of
discharged ..................................................... 109 20
city and ward taxes shall be.................... 80 8
added taxes to be from what date................................ 86 7
taxes on State lands to be a...................................... 82 13
sale of property under........................................... 82 13
I taxes for filling up low lands, etc., to be a, upon lands............ 64 3
Liquors:
giving or selling to minors, etc., power of council to prohibit...... 16 is
Lotteries:
power of council to prohibit...................................... 20 18:
Lumber:
council to provide for inspection of............................... 18 18
f
1
M
Malfeasance:
in office defined............................. 94 7
Penaltyfor ....................................................... 94 7
Markets: 58
establishment of, etc... ............................... 58 1
council may adopt rules for.................. 58 2
time of opening and closing to be prescribed by council.......... 58 1
removal of tainted meats, etc., from.............................. 58 2
penalty for violating regulations of.............................. 58 2,
Marshal: (See City Marshal.)
Mayor:
elected when 6 6"
term of office.... ................................................ 6 6
general power and duties of.................:::::::::...... ::::: 31 1
chief executive of city...................... 31 1
conservator of peace............................................. 32 2
may exercise powers of sheriff................................... 32 2
may command assistance of citizens............................. 32 2
may with consent of council remove officers appointed by him.. 32 3
may suspend policeman............... 14 1432 3
may examine books,etc., of officers of city......................... 32 3
with alderman to constitute council.............................. 11 1
vacancy in office of, how filled.........................:........ 32 4
to be president of council........................................ 11 2
138 INDEX.
Mayor—Continued: Page. Sec.
not vote when
may appoint special meetings of council......................... 11 2
11 6
concerning veto of, and passage over veto...................
24 3 1
to appoint with consent of council members of board of water works
and electric lighting........................................... 29 42
what officers to be appointed by.................................. 8 12
to fill vacancy caused by inability to perform duties of office...... 9 12
to fill by appointment what vacancies............................ 9 15
to fill vacancies in board of police and fire commissioners........,. 47 1
to give certificate of appointment of associate alderman as super-
visor, when
JJ
with clerk, on direction of council, to negotiate loan, etc.......... 6
with consent of council, may negotiate for and purchase outstanding 69 12
bonds, etc. .....................
appointed officers to give bonds to.. 97 17
. .. . ........
to Certify to confirmation and equalization. . .o.f..special.. . .assessment
.. 9 12
roll
report to be made to of persons sick with infectious diseases...... 85 4
52 3
report to he made to by hotel keepers of cases of diseases..........
52 5
to attach warrant to special assessment roll...................... 67 9
may affix new warrant to special assessment roll................. 70 14
Power to administer oaths....................................... 93 2
to be served with process against city, when........................ 94 5
supplies for city to be ordered by................................ 95 10
to sign annual financial statement................................ 24 29
to approve bonds of justice..................................... 41 21
lawful orders of, to be obeyed by constable............ 39 19
may issue subpoenas in investigations by council................. 14 15
penalty of disobedience of orders of, at fires...................... 88 6
Powers and duties of at fires to be prescribed by council.......... 87 5
may not control chief engineer or assistant during fires.......... 87 5
may direct removal of persons from city to county jail............ 96 11
to determine sufficiency of certain sureties.......................
93 1
Meats:
power of council to provide for inspection of...................... is is
destruction and seizure of....................................... 58 2
Power of council to regulate, etc
Mill-race: 16 is
owner required to cover with bridges when...................... 22 23
refusal to cover, city may cover and collect expense.............. 19 24
cleaning, etc., of, Power of council to provide for.................
Miscellaneous Provisions 19 18
Misdemeanor: . . . 93
failure of officers upon registration or removal to deliver up effects
of office shall be deemed: a
9 failure to report cases of infectious diseases b 14
y physicians, etc.,
deemed a ..................
the bringing of a person infected with an infectious disease into
52 5
the city, deemed a
52 4
failure of officer to make annual report to council shall be a...... 96 10
Minors:
Power of council to prohibit selling liquors to....................
Money: 16 18
how appropriated J
votes for appropriation to be by "yeas and nays'.......... ....... 12 7
council may borrow for bridge purposes........................... 12 8
73 19
council may borrow for paving...............................
73 19
it
INDEX. 139
Money—Continued: Page. See.
for public buildings and grounds............................ 73 19
school board may borrow for purchase of sites, etc................ 92 7
safe keeping of public.......................................... 95 8
Mount Hope Cemetery:
sinking fund for................................................. 55 2
N
Non-resident:
lands belonging to assessed for improvements.................... 66 6
171. 16
certain State lands to be assessed as.............................. 76 2
to whom damages are awarded for taking private property for pub-
lic use ....................................................... 108 is
Notice:
of holding annual election to be posted........................... 5 L
of holding special elections to be delivered to inspector, when...... 5 2
of special elections to specify officers to be chosen................ 5 2
of determining by lot right of office of persons receiving equal num-
ber of votes, to be given to persons interested.................. 7 9
of their election to be given to officers, when...................... 8 11
of acceptance of election to be filed.............................. 9 13
of alderman of special meetings of council........................ 11 6
requiring destruction of thistles, etc., to be served upon occupants
ofproperty .................................................. 20 is
publication of .................................................... 23 28
of veto to be filed............................................... 24 31
to council of veto................................................. 25 32
by justice of stolen property.. .......................... 43 24
of construction of sewer to be published........................... 60 8
city clerk to give, of review of assessment roll for special assess-
ment for improvement.. 67 7
of meeting of board of review................................... 76 3
ofre-registration ................................................ 4 3
board of education to give, of meeting to approve resolution, de-
claring necessity for purchase of sites for and erection of school
buildings, etc. ................................................ 92 7
of meeting and hearing of council of objections to taking private
property for public use.. ... ..... ... .. ....... 100 2
of taking private property for public use, to contain what........ 101 3
of meeting of taxpayers to increase rate of taxation...4.......... 79 6
of taxpayers of delivery of tax rolls to treasurer...4.............. 71 6
to be given property owners, of extra and special assessment roll.... 84 2
Nuisances:
power of council to abate, etc.. ........................... 16 19
injuries to public health to be abated............................ 51 2
in streets, council to prohibit, etc............................... 65 4
buildings erected contrary to ordinance, concerning construction
soas to prevent fires declared a................................ 87 1
0
Oath of Office:
shall be taken by officers when, filed where....................... 8 11
names of those refusing to take, to be reported.................... 8 11
failure to take the file bond, deemed refusal to serve............... 9 13
of justice of peace.. .. ... ... ................... 40 20
members of police and fire department to make................... 40 5
140 INDEX.
Oaths:
city clerkshall have Page. Sec.
er
may be administered by board Of policeand fire commissioners.... 48 2
surety on bond to submit to examination under....................before council, administration of 93............................ 1
false statement under, y,
93 2
perjury
94 3
administered to jury in proceedings for taking private property for
public use, form of....
Obscenity: 104 9
z council to make ordinance to prevent.................
Offenders: 18 i8
against the city, confinement of.....................••••
against the State, expense of arrest, etc....... ""' 96 11
i
Office: 97 16
tie vote for.................
eligibility to ....... 7 9
terms of, extent of.. 10 17
terms of, begins when....... •�'• •"•"
10 16
10 21
police and fire commissioners...............
cemetery trustees """ 47 1
members of board of electric light works...................... 29 42
appointive officers ..............I............................. 8 12
elective officers ..............
removal from, of elective and a " """"""' 6 6
appointive officers.................. 14 14
vacancy in, of aldermen...........................
of clerk of council........ """' 8 10
vacancy in, of mayor, how filled................................. 32 4
11 4
removal from, of city treasurer.................................. 36 14
shall be vacated, if officer shall be a defaulter.....,,.,.,
if officer cease to be a resident.................. 10 18
10
not to be created or abolished unless by two-thirds vote of council 12 17
aldermen shall not hold other.........
members of council may not hold what other.............. ::.... 32 5
of health officer 10 13
malfeasance in, defined.. 32 6 r,
Officers: 94 7
election, when elected, term of office, etc..
qualification of .................................................. 6 6
appointive— 8 11
in case of inability to perform duties mayor to appoint........ 9 elective or appointive, vacancy in....... 12
entitled to seat in council.. """ 9 15
may be required to attend meetings of council. 12 10
...............may take part in certain proceedings.................
12 10
may not vote..... 12 10
what appointed by mayor.. 12 10
removal of 8 12
shall give bond.................................................. 14 14
12
accounts to be audited when and by whom......... � 34 12
may be requested to file new bond.. """"' 23 29
mayor chief executive.. "" """""" 27 38
appointed by mayor may
re .........hi .................... 31 1
y be removed by him.. 32 3
books and 14 14
papers open to inspection of mayor.................... 32 3
alderman shall aid in securin 14 15 �I
g performance of their duties...::..: 32 5
certain, to be under supervision of clerk.....
city attorney to be legal adviser of......... .......... 34 9
36 16
I
I '
INDEX. 141
Officers—Continued: Page. See.
subject to ordinances of council................................. 47 31
salary to be determined, how.................................... 47 32
not to be increased or diminished during year................ 47 32
to be notified of election or appointment.......................... 8 11
to take oath of office........... ....................... ......... S 11
neglect to qualify deemed refusal to serve........................ 9 13
eligibility to office........................ ........... ....... 10 17
defaulters ineligible .............................................. 10 17
to deliver effects to successors.................................... 9 14
failure to deliver effects upon removal or resignation, a misde-
meanor ................................................. ..... 9 14
definition of ..................................... ........ ...... 9 14
term of office of, to continue until successor qualifies.......... to 16
resignation of made to whom................................. 11 19
liabilities of, not removed by resignation......................... 10 19
term of office begins, when...................................... 10 21
punishment of certain, for holding other office and sharing in
contracts ............................... .................... 13 13
of fire department, to be tried how................................. 47 1
of city penitentiary, to be appointed, etc........................ 48
penalty for disobedience of orders at fires of...................... 88 6
determination of sufficiency of sureties on bonds of................ 93 1
cost of suits against............................................ 94 4
malfeasance of and penalty....................................... 94 7
to make report annually to council............................... 95 1.0
penalty for failure to make report............................... 96 10
of board of education............................................. 89 2
trial of charges against (see Charges).
Of Public Health.................................................. 51
Omnibuses: (See Vehicles.)
Orders:
to be entered by auditor and charged to particular fund........... 37 17
directing payment of money, shall specify what................... 83 17
on treasury shall not exceed cash on hand except, etc.............. 84 18
Ordinances:
penalty to be imposed........................................... 23 25
if imposing penalty to be published and when to take effect...... 23 26
proof of in court................................................ 23 27
to be published, where............................................ 23 28
veto of, and passage over veto.................................. 24 31
to be reported by clerk............................................ 33 7
to be published, when........................................... 34 11
for relief of poor................................................. 27 37
to be enforced by mayor......................................... 31 1
offenses against to be prosecuted by city attorney................. 37 16
processes for breach of, how served.............................. 39 19
appointive officer, etc., subject to................................ 47 31
duties of justices under........................................ 44 27
1 44 28
toprescribe fees for justices.................................... 42 22
fines, etc., recovered under....................................... 42 23
relating to fire, enforcing of..................................... 50 10
relative to public health, to be passed by board of health.......... 51 2
council may make, investing cemetery trustees with necessary
powers ....................................................... 55 5
relative to sewers, council may enact............................... 62 17
relative to cemeteries............................................ 68 9
council may make relative to assessing taxes for public improve- 58 10
142 INDEX.
Ordinances--Continued: Page. See.
ments ......................................................... 64 3
directing payment of money shall specify what.................. 83 17
council to regulate construction of buildings so as to prevent fires,
by, and violation of............................................ 86 1
style of, and votes on passage of................................. 94 6
suits brought to recover penalties for forfeiture for violation of.... 96 12
council may require owners, etc., of houses, etc., to have scuttles
on roof, etc., by, and penalty for violation of.................. 87 2
P
Parks:
power of council over........................................... 31 49
laying out, etc., to be supervised by superintendent of public works 63 2
city engineer to make surveys, etc., for laying out................ 38 is
private property may be taken for............................ 100 1
Paupers:
power of council to provide for...................... 20 18
........... 27 37
Pawnbrokers:
power of council to license, etc.................................. 17 is
Pavements: (See Public Improvements.)
council may provide for......................................... 64 3
payment of tax for, how may be extended......................... 67 9
bondsfor ................................................. 68 9
limits of indebtedness for......................................... 73 19
bonds may be issued for........................................ 73 19
Peddlers:
power of council to license, etc.................................. 17 18
Penalty:
council may impose, limit of.................................... 23 25
may be sued for and recovered.................................. 23 25
ordinance imposing, to be published.............................. 4 34 11
23 26
for neglect of council to perform duties...........................
39 19
amount of, in bond of justice....................................
41 21
recovered by justice, to be paid to city........................... 42 23
for neglecting to execute warrants.............................. 44 28
for giving fire alarm in case of no fire........................... 50 8
52 3
for failure to report cases of infectious diseases..................
52 5
for bringing persons infected with disease into city.............. 52 4
for non-payment of city and ward taxes.......................... 81 8
for disobedience of officers at fires................................ 88 6
for malfeasance in office............................... 94 7
for vagrancy ..........................................
........... 95 9
for failure of officer to make annual report to council..... 96 10
suits brought to recover for violation of ordinance..... 96 12
execution for, issue and terms of................................ 97 14
for misbehavior at council...................................... 12 9
for injury to police records.....................................
13 12
of members of council or other officer for holding other office or
sharing in contracts.. ................................. 13 13
for persons failing to obtain license..............................
21 20
for violation of ordinance regulating speed of trains in city....... 26 35
recovered for violation of odinance, use of may be directed by
council ....................................................... 97 15
for failure or neglect to furnish assessors information concerning
INDEX. 143
Penalty—Continued: Page. See.
taxable property .............................................. 85 3
for erection of buildings contrary to ordinance.................... 87 1
for failure to comply with ordinance requiring scuttles on roofs, etc. 87 2
Penitentiary:
erection and care of........................................... 28 41
charge of, officers for, how appointed, rules, orders, and regulations
111 of who to prescribe................................... ........ 48 a
96 11
Percentage:
to be paid city treasurer for collection of taxes.................. 8.1 10
not to be added to tax........................................... 82 10
none to be charged for assessment, transfer, remitting of taxes, etc. 82 10
Perjury:
personsguilty of................................................ 94 a
Personal Property:
may be taken for unpaid taxes under special assessment......... 69 11
distress and sale of for taxes................................... 67 9
Pest House:
to be established, removal of persons to.......................... 51 2
certain fines to be devoted to maintenance of...................... 53 9
Petition:
for grading street... .............. 66 5
for extension of time of payment of paving taxes.................. 67 9
for construction of sewer....................................... 61 11
to take private property for public use, contents of............... 1,02 5
allegations of to be evidence of title, etc.......................... 109 22
Physicians:
of city (see City Physician.)
to report cases of infectious diseases.............................. 52 5
failure of to report cases of infectious diseases a misdemeanor. 52 5
Plans and specifications:
for sewers to be prepared by city engineer and to be submitted to
council for approval.......................................... 59 4
to he made by city engineer..................................... 38 18
plats for new additions, rules governing same.................... 74 20
Police: (See Board of Police and Fire Commissioners.)
Police and Fire Commissioners: (See Board of.)
Policemen:
how appointed .................................................. 48 3
to have powers of constables....... 49 5
Council to prescribe salary.. .... .. ................. 50 7
may be suspended by mayor for neglect of duty.................. 32 3
Poles:
telegraph and telephone, etc., in streets, council to regulate........ 65 4
power of council to license the erection of........................ 21 18
Polls: (See Elections.)
Poor:
council may relieve....... .. I ........................ 27 37
property of, may be exempted from taxation...................... 77 3
Poor Master:
to be appointed by mayor.................................... 8 12
Poultry:
power of council to provide for inspection of.................... 17 18
running at large of, power of council to restrain.................. 17 18
)
Pound Criers: 65 4
subject to ordinances of council.................................. 47 31
144 INDEX.
Poundmasters: Page. See.
to be appointed by mayor...................... ... 8 12
term of office of............................... *...... 8 12
duties may be Prescribed by ordinance......... *......I....... 8 1.2
Pounds: 47 31
power of council to establish, etc................................. 17 is
Powers and Duties of Common council
President: 11
mayor to be of council
pro tem. of council when and how appointed..................... 11 2 111 3 1
shall vote on all questions it 3
to Perform duties of mayor.................................. 32 4
who shall be of council in absence of mayor and president pro tent. 11 3
of council may administer oaths, when.......................... 14 16
of board of education......... 89 2
Prevention and Extinguishment of Fires........................... 86
Prevention Of the Escape of Property from Taxation............... 84
Printing:
contractsfor. ................................................... 30 45
(See Notices, Publication.)
Prison: (See Penitentiary.)
Prisoners:
regulation of time and manner of labor 23 25
Private Property: 48 3
not to be taken for public use unless by two-thirds vote of council. 12 7
to be taken for sewers, etc....................................... 59 1
when taxed for sewers............
60 7
taking for public use:
(See taking private property for public use.)
Process:
against city, service of, etc
Power of constables to serve 94 5
Policemen to serve 39 19
Property: 49 5
regulate sale at auction......................................... 17 18
disposition of stolen................................ 43 24
Power of council to protect and to punish for injuries to. 43 25
Prostitutes: (See Common Prostitutes.) .......... 15 is
Publication:
of notices of special election 5 2
of ordinances for imposing penalty..............................
23 26
proof of
... 23 27
of notices, etc., when. .......... 23 28
of report of expert accountant.................._..............._ 29 43 official proceedings, contracts for................................. 30 45 4
of annual report of city treasurer
35 13
of notices of disposal of stolen property.......................... 43 24
Of Order to remove dangerous buildings.......................... 52 6
Of notice of construction of sewer........... 60 8
Of notice of reviewing assessment roll for special assessment for
improvements ................................................ 67 7
Of notice of taking private property for public use................ 101 2
rl
of notice of meeting of board of review.......... 77 3
of summons for respondents named in Petition for taking private
property for public use 109 7
of notice of meeting of tax-payers to increase rate of taxation...... 79 6
of notice of delivering tax rolls................................... 80 7
of treasurer's notice to tax-payers 81. 9
INDEX. 145
Public Auction: Page. See.
stolen property to be sold at...................................... 43 24
Public Buildings:
acquisition and disposition of.................................... 30 47
erection, etc., of certain.......................................... 31 48
council to determine amount of taxes for......................... 78 6
council may borrow money for................................... 73 19
school .......................................................... 1 90 7
Public Grounds:
not to be vacated unless by two-thirds vote of council.............. 12 7
prisoners to work on............................................ 23 25
3 2
improvement of, supervision of...................................
6
64 3
city engineer to make surveys, etc., for improvements, etc........ 38 18
superintendent of public works shall have care of................ 63 2
recordof ........................................................ 63 __2
evidence of existence of.......................................... 63 2
council may cause same to be graded, etc........................ 64
expense of grading, etc., how to be defrayed...................... 64 3
power of council over........................................... 31 48
private property may be taken for................................ 100 1
Public Health: (See Board of Health)............................ 51
private drains may be ordered -kvhen necessary for............... 61 12
Public Improvements:
expenses of proceedings when to be borne by property benefited.... 65 5
special assessment for, manner of making.................... 66 6
cost of, to be determined by council.............................. 66 9
lands of non-residents to be assessed for........................ 71 16
orders shall not be issued for more than three-fourths of expense
made at time of issue......................................... 72 17
State to share expense of........................................ 71 15
may be made without letting contract for......................... 26 33
Public Schools: .................................................. 89
Punishment: (See Penalty.)
Q
Qualifications:
of electors ....................... 4 1
of its members, council to be judge of.............. 11 6
of appointees on board of water works and electric li�ing'.*.'.*.'.* 29 42
of appointees to office.......................................... 30 44
of officers ........................................................ 8 11
Quorum:
ofcouncil ..................................................... 12 7
of board of education............................................ 89 2
R
Railroads:
control over by council.......................................... 26 34-36
Real and Personal Estate:
city may purchase, hold, convey, etc............................... a 2
not to be sold or disposed of unless by two-thirds vote of council.. 12 7
of city, managed and controlled by council....................... 13 11
list to be kept by auditor......................................... 37 17
assessment of, etc.. ... ... ............................... 76 1
belonged to the schools, control of .............................. 89 1
limit of taxation, etc. .......................................... 78 6
10
146 INDEX.
Real and Personal Estate—Continued: Page. Sec_
toprevent escape from taxation, extra and special assessment to
bemade ..................................................... 84 1
owners of to furnish information..,............................ 84
Real Estate:
may be sold for expense of repairing sidewalks by council........ 71 16
exempt from taxation by law, subject to taxation for special assess-
ments ...................... .............. ............ ....... 69 11
redescribing, revaluing and re-equalizing of........................ 77 5
Receipts:
for taxes, etc., to be countersigned and entered by auditor........ 37 17
Records:
of board of health as evidence..................................... 53 7
ofcity ......................................................... 13 12
ofsewers ......................................................... 60 6
of streets, etc., to be evidence of existence of such streets, etc...... 63 2
Registration:
board of, duties, etc............................................ 4 3
rules for new............... 4
notice of re-registration......................................... 4
Regulations:
of council, proof of in court..................................... 29, 27
to be enforced by mayor.............................................. . :11 1
Removal: 3
from office, of persons appointed by mayor............... ....... 14 14
from office, of elective officers............................. 14 14
from office not to be made for partisan reasons.................. 30 44
of city treasurer................................................ 96 14
of justice of the peace............................................ 42 23
of members of board of police and fire commissioners............ 47 1
of members of board of cemetery trustees......................... 55 4
of city sexton.................................................... 55 5
of persons from city jail to county jail........................... 96 11
of bodies from old to new cemetery.............................. 53 1
Report:
annual of all officers........................................... 96 10
monthly and annual of city treasurer.......... .............. ... 35 13
of persons sick with infectious diseases and failure to............ 52 3-5
of board of cemetery trustees to be verified, how................... 57 8
ofcity clerk ................................................... 34 8
of police and fire commissioners to council........................ 50 8
Reservoirs:
powers of council relative to..................................... 64 3
Residence:
of voters defined................................................ 4 2
Resignations:
to whom made, liability not removed by.......................... 10 19
Resolution:
of council, veto of and passage over veto......................... 24 31
appointive officers subject to.......... 47 31
of council, concerning vacation of old cemeteries.................. 53 1
council to declare the making of public improvements by.......... 64 3
council to declare construction of district sewer by................ 46 9
division of city into highway districts by........................ 64 2
council to determine manner of defraying expense of public im-
provementsby ............................................... 64 3
board of education to determine necessary amounts for each class
of school expenditures by... .. ..... .. 91 51
council to declare expediency of purchase of electric-light works by. 99 1
i
INDEX. 147
Resolution—Continued: Page. Sec.
council to declare taking of private property for public use by..... 100 2
amount to be raised by tax council to declare by.................. 78 6
directing payment of money shall specify what.................. 83 17
Restaurant:
Power of council to license, etc.................................. 18 18
Review: (See Board of Review.)
Riots:
power of council to prevent and quell............................ 1.5 18
board of police and fire commissioners to appoint patrolmen in
timesof ....................................................... 48 3
Rivers:
bathing in, power of council to regulate.......................... 1.9 18
cleaning of, etc., power of council to regulate.......... 19 18
private property may be taken for improvement of............... 100 1
Roads: (See Streets.)
Rules:
ofcouncil ........................................................ 12 8
S
Sabbath Day:
power of council to prevent and punish violations of.. 16 18
Salaries: (See Compensation.)
Sales:
at auction, power of council to license, etc....................... 17 18
of property, for taxes........................................... 81 9
proceeds of, for delinquent taxes 69 11
................................ 82 11
Saloon-keepers:
to procure license ............................................. 22 21
general powers of council in regard to............................ 22 22
Saloons:
power of council to regulate, etc................................ 16 18
may limit number of................... 1G 1$
Schools:
city one district........................ S9 1
library of 90 3
moneys belonging to..................
90 3
board of education to make by-laws and ordinances pertaining to. 90 3
length of time taught.. 90 3
funds to be kept separate...............
"'•'• ' •• 90 4
apparatus, books, etc., purchase, etc., of amount necessary for, to
be determined by board of education.................... 91 5
fuel for, amount to be determined by board of education......... 91 5
buildings, etc., (see Public Buildings.)
general laws of State to apply to................................ 93 9
Seal
citymay have.................................................. 3 2
to be altered and changed at pleasure............................ 3 2
certificate to be made under.......... 6 8
to be affixed to ordinances, etc., to make proof of................. 23 27
city clerk to keep and to certify to papers under.................. 33 7
Sealer:
clerk to be of weights,etc........................................ 34 10
Security:
to be given by bank having moneys belonging to city............ 95 8
to be given by bidders for contracts............. 25 33
for costs in cases under city ordinances when complainant to give.. 44 27
'I
'III
148
f INDEX.
Sewerage: (See Sewers.)
Sewers, Drains, and I, Water-courses..........
. Page. Sec.Sewers: .............. .. 59
Power of council to regulate construction of.....
Power of council to compel owner to clean, etc.........
19 1S Prisoners to work19
............................................... 23 ZS
council to require railways to make, etc.........
j construction of and repair of, supervision of.................
......... 27 .,G
Power of council relative to.........
City engineer to make survey for construction, etc................ 59 2
construction of to be supervised by city engineer......... 59 1
{ 59 0
taking Private property for......... , 59
when practicable to be constructed in public streets......._ ,,.. �� 2
one or more main or 1
council may principal l- each sewer district......... 59 1
Y provide for main or trunk without reference to sewer 4
� districts ......,,•
book of sewer records........
GO
abstracts of all proceedings re]atin� to 6 cost and expense of making certain main o trwrlt. ,,,•.• ,,: 60 6
notice of construction of, to be published. .... .., 60 6
60 7
Proportion of, expense paid from general server fund determined 60
l� by council 8
construction of, how determined.................................
special assessments for construction of. .. 61 g
Private drains niay be connected with,.,,,. 61 9
expense of repairing.... 62 10
ordinances relative to...... 13
as plats or diagrams of, to be approved by council..• J62
9 16
main sewer districts to be divided how........ 59 17
diagram and plat of sewer district to be made b 4
5g 5 E petition of property owners for........... Y city engineer.... 60 8
I Private property may be taken for........... ... 71 11
council to determine amount of taxes. for.....
Sewer Districts: 1
city divided into....... 60 7
each to include one or more principal or main sewers............ .
to be numbered, etc.......... 59 4
Plans of, to be filed...................................... 59 4
diagram and plat of........ 59 4
how divided, formation of special districts....,•,•,•,•....•'••......-. 60 4
petition of G9 g
Property owners in, for construction of sewer.,,, 59 5
how constructed ...............................
Sewers 61 11
Drains, and Watercourses:.......... """" 61 11
Sexton: ""
(See City Sexton.) """'-
Shade Trees:
"""" 59
council may provide for planting, etc............
expense of planting, etc., how defrayed...... .... G4 3
Shows:
Power council B4 3
Sidewalks:s: to regulate, etc............. 16
Claims for damages arising from defective, how presented......., 15 18
repairing, etc., of.......... 17
expense'of repairing, 63 2
................
ow
owners of lot to keep in epaidefrayed.......... 64 3
owners it lots to ]Keep clear of ice and snow.,•,. .. 64 3
to be built b """"'• 71 16
Y owners of lots........ 71 16
owners failing to 71
council to direct width of, etc....eep in repair liable in an action for damages.. 72
..
16
16
72 16
150 INDEX.
Streets—Continued:
expense, compensation and damages of takin r?'n' "r�'
g private property for
opening, how defrayed..................................... 101 3
Streets and Public Improvements.................................... 63
Street Inspector: (See Inspectors.)
Street Railway Company:
t: power of council over concerning ditches, etc................ 27 36
9 J Summons:
for respondents named in petition for taking private property for
public use, service of and return of officer...................... 103 7
Suits:
cost of, against officers..........,,
94 4
to recover penalty of forfeiture for violation of ordinance, manner
of and rules to govern............. 96 12
against city arising from non-repair of sidewalks, owners to be
liable ........ 71 16
Superintendent of Public Works:
to be appointed by mayor.......
to be a commissioner of highways 63
12
powers and duties as such.......... L
x, Supervisors: (See Board of Supervisors.)
63 2
Supplies:
for city, how purchased.......................................... 95 10
� Sureties:
determination of sufficiency of, etc....... 93
1
Surveyor: (See City Engineer.)
Swine:
running at large of, power of council to restrain.................... 17 18
65 4
T
'akin property
� g privatefor public use....................... 100
for what purposes private property may be taken by city.......... 100 1
how may be taken.............. 100 1
when necessary to take without consent of owners................. 100 2
council to declare by resolution, etc.............................. 101 2
notice of hearing..................... 100 2
expense, etc., how defrayed.......... 101
when taken for streets, etc.,
3
provision as to alleys, etc........., 101 3
hearing of objections and disposing of resolution.................. 101 4
proviso as to adoption of resolution.............................. 102 4
Petition to be filed by attorney.................................... 1.02 5 contents of petition.......
duty of justice on receiving """"••• 102 5
petition............................... 102 g
service of summons............
service of publication......................... "" "" 103 7
justice to appoint guardian to represent infant, etc................ 103 7
103 8 drawing jury 103 8
venire oath of jurors 104 8
................................................... 104 9
jury to hear evidence, etc.......................... ;
verdict 104 9
..............
104 9
what verdict to determine and award..................
105 10
Jury may have use of maps, etc................................. 105 11
action in case of disagreement of jury.........
justice to enter ""r deter• na 106 12
proceedings in his docket and confirm determina-
tion,
tion, etc. 1
appeal 06 13
106 14 bill of exceptions............................................... 107 15
INDEX. 151
Taking Private property for Public use—Continued:
transcript .... ............. Page. See.
Proceedings by circuit court 107 15
justice to transmit copy of verdict, etc., to council............ 107 if)
council to cause special assessment to be made............... . 107 17
of 108 17
making and collecting assessment...................... 108 17
manner .....
payment of awards of jury by council............................ 108 17
when fee of land to vest in city .................................
liens, etc., on lands taken, to end 108 19
109 20
compensation, of officers, jurors, etc.............................. 109 21
Petition to be p-?-i?na facie evidence of title, etc........ ........... 109 22
sale of buildings, etc., on lands taken............................ 109 23
Tavern-keeper:
to Procure license
when deemed a saloon-keeper. 29 21
22 21
general Powers of council in regard to
general laws of State applicable to 22 22
to report cases of disease.......... 22 22
failure to report cases of disease a misdemeanor.......... 52 5
Taverns: ...... 52 5
power of council to regulate
Taxation: 20 18
property of poor exempt from...... ............................. 77 3
limit of, rate of, how increased, amount of in each ward.......... 78 6
to prevent escape from, extra and special assessment to be made.. 84 1
owners of property subject to, to furnish information, etc.......... 85 proviso to limit .81
Taxes: 79 6
not to be imposed except by two-thirds vote of council............ 12 7
vote for, to be by yeas and nays................................ 12 8
amounts of different kinds, to appear in financial statement...... 24 29
clerk to report amount of....................................... 33 8
36 14
receipt for, to be countersigned by auditor........................ 38 17
to be collected by treasurer...................................... 34 12
account of, kept by treasurer.................................... 35 12
for collection and return of, etc., city treasurer to have powers of
township treasurer
35 1.2
amount of, to be charged to treasurer.............................. 37 17
for construction of sewers...................................... 60 7
paving, special assessment of, extension of time for payment...... 67 9
how levied if extended...................................... 68 9
if bonds issue to pay, taxes to be kept as special fund........ 68 9
loanfor .................................................... 69 12
Paving extended only to be used for payment of loan.............. 69 12
Paid tinder invalid assessment roll
council to determine amount of paving.......................... 70 13
78 6
city and ward, payment of
a lien upon property......................... 80 7
delinquent 80 8
80 8
assessment of State, county and school, payment of................ 81 9
fees of treasurer for collection of.......... 81 10
for purchase of sites of school buildings and erection of same...... 92 7
on dogs
taxes, funds and expenditures • • 18 18
proceeds for sale for delinquent 82 11
76
on State lands with interest to be a lien on lands................ 82 13
council may make by-laws for assessment of..................... 84 1;
added ........................................................... 86 5
rules and provisions governing, same as other taxes.......... SG 7
152 INDEX.
Taxes—Continued: Page. See.
collection of ............................................... 86 6
to be charged treasurer same as other taxes.................. 86 7
to be a lien upon property from what date........................ 86 7
time for collection of............................................. 79 7
Taxpayers:
duty after notification to pay taxes.............................. 81 9
meeting of, when council to call................................. 79 6
meeting of, when board of education to call...................... 92 7
Tax Rolls: (See Assessment Rolls.)
Telephone:
power of board of police and fire commissioners to erect and main-
tain lines ................................................... 49 4
Telegraph:
power of board of police and fire commissioners to erect and main-
tain lines .................... 49 4
Telegraph and Telephone Companies:
power of council to license, etc.................................. 20 is
Thistles: (See Burdocks.)
Tombstones:
to be removed to new cemetery on vacation of old................ 53 1
Treasurer: (See City Treasurer.)
Trees: (See Shade Trees.)
Trustees:
of cemetery: (See Board of Cemetery Trustees.)
V
Vacancy:
whether person voted for is to fill, designated on ballot............ 7 7
in office of alderman to be filled by special election................ 8 10
in elective office continuing after next annual election............ 9 15
term of office,of person appointed to fill.......................... 9 15
in any office, elective or appointive, except alderman, members of
board of education, to be filled by appointment of mayor....... 9 15
term of office of persons wlfo fill................................ 10 16
in office of mayor................................................. 32 4
in office of supervisor, to be filled,how............................ 32 6
in office of treasurer, how filled.................................. 36 14
in board of police and fire commissioners........................ 47 1
in board of education............................................ 93 8
length of term of person appointed to fill, in board of education... 93 8
Vagrancy:
defined ............................................................ 95 9
penaltyfor .................................................... 95 9
Vagrants:
power of council to apprehend and punish........................ 15 18
Vegetables:
power of council to provide for inspection of..................... 18 18
Vehicles:
used for transportation of persons and property, power of council 18 18
to license, etc................................................. 20 18
Verdict:
of jury in proceedings for taking private property for public use.. 104 10-11
to specify lands and premises as to which jury fails to agree,
ifany ....................................................... 106 12
to be entered by justice........................................... 106 13
Veto:
of ordinance, and passage over................................... 24 31
notice of, to be given council..................................... 25 32
INDEX. 153
Vice: Page. See.
council to make ordinance to restrain............................. 15 18
Vote:
canvass of 6 5
tie, how decided ........ ......................... 7 9
of council to be taken by yeas and nays.......................... 12 8
to be entered on journal.................................... 12 8
necessary to expel alderman or to remove from. office............. 14 14
of aldermen to grant franchise.................................. 24 30
of council necessary to remove member of police and fire commis-
sioners ....................................................... 51 11
necessary, of board of education to determine amounts necessary
for each class of school expenditures.......................... 91 5
of aldermen, necessary to take private property for public use...... 100 1.
of taxpayers to increase or diminish school moneys to be by ballot..
92 7
Voters:
registrationof ................................................. 4 3
to determine what part of money for school purposes shall be
raised on taxable property..................................... 91 5
power of at school meeting to increase or diminish amount to be,
raised or borrowed........................................... 92 7
W
Wards:
division of city into ........................................... 4
boundaries of .................................
4
in which an elector shall vote:.................................... 4 2
residence of an elector not a householder........................ 4 2
election to be held in each annually.............................. 5 1
notices of election to be posted in three places.................... 5 1
ward and city tickets, separate ballot boxes...................... 6 4
removal from by a ward officer vacates the office.................. 10 is
not eligible to office unless an elector of.......................... 10 17
word to be on ballot box........................................ 6 4
officers in, elected when......... 6 6
senior alderman to be health officer of............................ 33 6
one alderman of, to be supervisor of............................ 32 6
powers of supervisor..... ... ............................... 32 6
vacancy in office of supervisor of................................ 32 6
one police and fire commissioner from each
...................... 47 1
council may determine liability of, for certain public improvements 64 3
assessment of real and personal estate of........................ 76 1
State lands within to be assessed, how............................ 76 2
notice of meeting of board of review to be posted in each, how...... 77 3
supervisors of, with city assessors to constitute board of review.... 76 3
taxes levied upon taxable property in each, how.................. 78 6
apportionment of taxes to.......................................
78 6
limit of ward and highway taxes to be raised in each.............. 79 6
Warrants:
upon treasury to be drawn by clerk.............................. 33 8
city treasurer to pay only on...................................... 34 12
must specify amount, Purpose and fund from which to be paid.... 35 12
treasurer not to use for his own benefit.......................... 35 14
to be drawn on particular fund.................................. 37 17
to be issued by justice ......................................... 44 28
execution of ...............................................
44 28
may be issued by board of police and fire commissioners.......... 48 2
may be served by marshal, captain of police or policemen.......... 49 5
of mayor, to be attached to special assessment roll.............. 67 9
154
INDEX.
Warrants—continued: Page. See.
for collectio n
of taxes may be renewed........................... 70 14
not to exceed expense of improvement.
........................... 72 17
of city assessors attached to assessment rolls.................... 81 9
return day of
Watchmen: 81 9
how appointed
48 3
mayor may suspend....................
at railroad crossings 32 3
Watercourse: 26 35
(See Sewers and Drains.)
Weeds: (See Burdocks.)
Wells:
Powers of council relative to
64 3
A
Common council may provide
Weighmaster: 87
to be appointed by mayor 8 12
termof office ..................................................
8 12
duties may be prescribed by ordinance........................... 49 31
Weights and Measures:
Power Of council to provide for inspection and sealing of........ is 18
Power of council to enforce keeping and use of proper............
Wires: 18 18
telegraph and telephone, etc., in streets, council to regulate........ 65 4
Witnesses:
compelled to testify
14 16
may be subpoenaed by board of police and fire commissioners...... 48 2
Wood:
inspection of
stands for sale of........................
inspectors of. (See Inspectors.) 65 4
y
Yellow Dock: (See Burdock.)
fi