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alties for failing to perform such duties, and to prescribe the bonds and sureties to be given by the officers of the city for the discharge of their duties, and the time for executing the same, in cases not otherwise provided by law;

pawn brokers

deemed ped

Twenty-fifth, To license hawkers, peddlers and pawnbrokers, hawkers, pedand hawking and peddling, and to regulate or license the sale dlers and or peddling of goods, wares, merchandise, refreshments or any kind of property or thing by persons going about from place to place in the city for that purpose, or from any stand, cart, vehicle or other device in the streets, highways, or in or upon the wharves, docks, open places or spaces, public grounds or buildings in the city, or from boats in the harbor; all persons Who shall be selling goods within said city, by sample and by hawking and dlers. carrying such samples for exhibition from house to house and agreeing to deliver such goods at some future time to be paid for upon installments or otherwise, shall be deemed hawkers and peddlers within the meaning of this chapter; to require a license fee not exceeding one hundred dollars to be paid by every person, firm or corporation engaging in the retailing and merchandising of any class or kind of goods, wares or merchandise in said city;

Twenty-sixth, To license and regulate wharfs, boats, and to Wharf boats. regulate the use of tugs, and other boats as used in and about the harbor and within the jurisdiction of the city;

saloons, tav

Twenty-seventh, To regulate and license all taverns and To license houses of public entertainment, all saloons, restaurants and erns, reseating houses; to designate, by ordinance, bounds, limits and taurants, etc. districts in the said city, within which the business of vending, selling, or having for sale, spirituous, vinous, malt or brewed liquors, or any other intoxicating liquors or mixtures thereof, shall be conducted and carried on, and to prohibit the vending, selling and furnishing intoxicating liquors, or admixtures thereof, except within the districts and limits in said ordinance appointed and limited for the sale thereof, and may provide for punishment for any violation of such ordinance;

meats.

Twenty-eighth, To provide for and regulate the inspection of Inspectors of meats, poultry, fish, butter, cheese, lard, vegetables, flour, meat and other provisions;

Twenty-ninth, To regulate the inspection, weighing and Weights and measuring of brick, lumber, firewood, coal, hay, and other measures. articles of merchandise, and to provide for the inspection and sealing of weights and measures, and to prescribe the penalty for using false weights and measures;

Thirtieth, To provide for the inspection of buildings and the Inspectors of safety of their construction, condition and repair, and to buildings. license plumbers and regulate the plumbing of buildings;

the construc

Thirty-first, To direct and regulate the construction of cel- To regulate lars, slips, barns, private drains, sinks and privies, and to com- tion of drains. pel the owner or occupant to fill up, drain, cleanse, alter, relay or repair the same or to cause the same to be done by some proper officer of the corporation, and to assess the expense

Vehicles.

Census.

Shade trees.

Proviso.

To enact ordinances for the

ment of the

city.

Franchises, two-thirds

thereof on the lot or premises having such cellar, slip, barn, private drain, sink or privy thereon;

Thirty-second. To license and regulate all vehicles of every kind used for the transportation of persons or property for hire in the city, also all solicitors for passengers or for baggage for any hotel, tavern, public house, boat or railroad; and to prescribe and designate the stands of carriages of all kinds which carry persons for hire, and carts and carters, and to prescribe the rates of fare and charges;

Thirty-third, To provide for taking the census of the inhabitants of the city whenever the council shall see fit to direct and regulate the same;

Thirty-fourth, To regulate and require the setting of shade trees in the streets of said city and provide for the preservation of the same: Provided, That until the common council or street commissioner shall determine the distance trees shall be set from the margin of any street or highway, the same may be set at not less than six nor more than ten feet from the margin thereof.

Thirty-fifth, The common council shall have authority to engood govern- act 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 inhabitants thereof; but no exclusive rights, privileges or permits shall be granted by the council to any person or persons, or to any corporation for any purpose whatever; nor shall any rights, privileges or franchises vote required. be granted to any person, firm or corporation, without the concurrence of two-thirds of all the members elect of the common council voting by yeas and nays, nor until the same has been so passed at two meetings of the common council, at least two weeks intervening between the same, one of which said meetings shall be a regular stated meeting; and any such rights, privileges or franchises may be rescinded at the pleasure of the common council;

Fines and penalties for violating ordinances.

Prescribing

license fees.

Thirty-sixth, For the purpose of carrying into effect the powers conferred by this act, the common council shall have power to prescribe in [any] and by-law or ordinance made by them that the persons offending against the same shall forfeit and pay such fine as they deem proper, not exceeding one hundred dollars, or by imprisonment in the county jail or in the city jail for a term not exceeding three months, except as herein otherwise expressly provided, or both such fine and imprison ment in the discretion of the court who shall try the offender. SEC. 2. (No such section).

§ 29-SEC. 29. (As Amended 1893). The council may prescribe and remitting the terms and conditions upon which licenses may be granted, and may exact and require payment of such reasonable sum for any licenses as they may deem proper, and may remit license fees in specific cases, in their discretion, by a vote of the majority of the aldermen elect, at any regular meeting.

license.

§ 30-SEC. 4. No license shall be granted for any term beyond Terms of the first Monday in June next thereafter, nor shall any license be transferable. And the common council may provide for punishment by fine or imprisonment, or both, of any person, 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.

License

§ 31-SEC. 5. All sums received for licenses granted for any money to be purpose by the city or under its authority, shall be paid into the paid into city treasury to the credit of the contingent fund.

treasury.

streets.

approved by

§ 32-SEC. 6. (As Amended 1893). The common council may Powers ascertain, establish and settle the boundaries of all streets and relative to alleys in the said city, and prevent and remove all encroach ments thereon, and exercise all other powers conferred on them by this act in relation to highways, the levying of taxes and all other subjects of municipal regulation not herein expressly provided. No plat or subdivision of any lands in the city into building lots or other parcels thereof shall be presented for his Plats to be approval to the Auditor General of the State, or for record in council. the office of the register of deeds for the county of Marquette, until the same shall be made to conform to the general plan of the streets of the city, and streets shall be laid out thereon in conformity with said general plan; nor shall any such plat be so offered for approval or record or be approved or recorded until the same shall have been submitted to the common council for their approval, and such changes therein shall have been made as the common council shall direct, nor until the said plat shall have been approved by the common council as being in com pliance with provisions of this section.

council to as

To appropri

§ 33-SEC. 7. (As Amended 1895). The common council shall Power of have power to assess, levy and collect taxes for the purposes of sess. levy and the corporation upon all property made taxable by law for State collect taxes. purposes, which taxes shall be liens upon the property taxed until paid; to appropriate money, provide for the payment of ate money. the debt and expenses of the city and make regulations concerning the same; to employ all persons confined for the non-payment of any fine, penalty, forfeiture or costs, or for any offense under this act or any ordinance of the common council, in any jail, workhouse or prison, at work or labor either within or without the same, or upon any street or public work under the control of the common council; to allow any person thus confined for the non-payment of any fine, penalty, forfeiture or costs to pay and discharge the same by such work and labor, and to fix the value and price of such work and labor. The common Power to council shall have power to make all such other by-laws, ordi- make other nances and regulations as they may deem necessary for the by-laws. good government of said city. The common council shall Treasurer to have power to direct and compel the treasurer of the city bank all monof Marquette to deposit all moneys, bonds, papers and evi- valuable dences of value in any bank or banks that may be named by papers. the common council; and to contract with any such bank or

depositin

ey, bonds and

Proviso.

Council tọ

have power to

for sewers, drains, etc.

banks for the safe keeping of all public moneys and for the receipt of interest at a rate not exceeding eight per cent per annum, upon such moneys of the corporation deposited with such bank or banks, and to be drawn on account current from such bank or banks by the corporation or proper officer thereof, and such interest shall belong and be credited to the general fund: Provided, That when the common council has directed the treasurer to deposit said money with any bank or banks, such bank or banks shall give a bond to the city, with suretics. in number and in amount to be approved by the common council, sufficient to protect the city from loss.

§ 34-SEC. 8. (As Amended 1893.) The common council direct the line shall have the power to direct sewers, drains and vaults, and lateral sewers therefrom in the streets to the lines of the lots and parcels of land abutting on said streets, and arches and bridges, wolls, pumps and reservoirs, to be built in any part of said city; to establish, open, widen, extend, straighten, alter, vacate and abolish highways, streets, avenues, lanes, alleys and public grounds or spaces within said city; and to grade, pave, repair and otherwise improve the highways, streets, avenues, lanes, alleys, or interior public spaces created by the intersec tion of streets, also cross-walks and sidewalks in said city, with stone, wood, brick and other material, and whenever necessary for those purposes, to condemn private property as hereinafter provided; and the common council shall have full power and authority to provide for paying all the costs and expenses of all to pay expen- such improvements as in this section they are authorized to direct, make and construct by assessment upon the property benefited thereby, in the manner hereinafter provided, which assessment shall be a lien until paid, on the lots or premises on which the same are assessed, and shall be collected as hereinafter provided: Provided, That the action of the common council heretofore had in directing and constructing in the streets of the city any such sewers and drains, as is herein authorized, and all proceedings based and had thereon, are hereby declared to be of the same force and effect as though this section had been in effect at the time of such action and proceedings. in

Council to have power

ses for cortain improvements.

Proviso.

Power of council to

ers of lands to pave, plank, curb, etc.,

35-SEC. 9 (As Amended 1893.) The common council shall compel own- also have full power to require by resolution or ordinance, the owners or occupants of lands, at their own expense, to repair, construct, make, pave, plank or gravel and curb, and rail all when propor- sidewalks adjoining said land after the same shall have been properly graded, within such reasonable time as they may direct, notice of which action shall be given to the owners or occupants of such lands in such manner as they shall direct, and if the same are not completed within the time so ordered it shall be lawful for the common council to cause the same to be constructed forthwith, and to assess the expense thereof upon the premises in front of which the same are constructed, in such manner as they shall determine, which assessment shall be a lien

until paid, on the lots or premises on which the same are assessed, and shall be collected as hereinafter provided for the collection of other special assessments.

the repair of

§ 36-SEC. 10. (As Amended 1893.) The common council council to may provide for the immediate repair of cross-walks and side- provide for walks, and for collecting the cost and expense thereof, in such cross-walks. manner as they may deem proper, subject to the restrictions herein contained, and they may determine the time and manner of assessing and collecting all highway taxes, and all other taxes except as herein otherwise provided, and they may enact such general by-laws or ordinances in relation to the assessing and collecting of all such taxes not inconsistent with the constitution of this State or of the United States, as they may deem just and proper, and ordain and make such taxes a lien until paid, upon the lots or premises on which the same are assessed, and all by-laws or ordinances, rules or regulations adopted by the common council, by or in pursuance of any of the powers, conferred upon them in this act, shall be binding upon all courts and in all places whatsoever.

ways.

§ 37-SEC. 11. It shall be the duty of the common council to Record of cause such of the streets and highways in said city as shall have public highbeen 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 recorder of said city, in the book of street records; and the record of such highways, streets, lanes, or public grounds so ascertained and described, or which shall hereafter be laid out and established by the said common council and recorded in the book of street records, in the office of the clerk, by order of the common council, shall be presumptive evidence of the existence of such highway, street, lâne, alley, or public ground therein described.

treasurer, etc.

statement.

§ 33-SEC. 12. On the second Tuesday in the month of To audit March in each year, the common council shall audit and settle accounts of the accounts of the city treasurer, and the accounts of all other officers and persons having claims against the city, or accounts with it, and shall make out a statement in detail of the receipts Detailed and expenditures of the corporation during the preceding year, in which statement shall be clearly and distinctly specified the several items of expenditure made by the common council, the objects and purposes for which the same were made, and the amount of money expended under each; the amount 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 assessments for opening, paving, planking, repairing and altering streets, and building 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] condition of said city.

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