Statement to be published. Style of ordinances. to seats in common council. The said statement § 39-SEC. 13. (As Amended 1897.) shall be signed by the mayor and recorder and filed with the papers of the city; and the same shall be published previous to the fourth Tuesday of March thereafter at the expense of the city, in some newspaper to be designated by the common council. § 40-SEC. 14. (As Amended 1893.) The style of all ordinances shall be "The city of Marquette ordains." The sitting of the common council shall be public, except upon demand of a member thereof seconded by one-fourth of all the aldermen in office, the council shall go into committee of the whole in private session for consideration of appointments to office, from which sessions all persons other than the mayor and aldermen shall be excluded; but no officer shall be appointed or confirmed in Who entitled any such sessions. The controller, marshal, city attorney,. street commissioner, health officer, and city engineer, if there be one, and such other officers as the common council shall determine shall have like seats in the common council as are provided for aldermen, and may take part in all its proceedings and deliberations on all subjects relating to their departments, subject to such rules as the common 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 thereof. All sittings of the common council, except when in committee of the whole, as in this section provided, shall be public, and full minutes of the proceedings thereof, together with all ordinances, by-laws regulations and motions adopted, shall be published within ten days after such sitting in at least one newspaper published in said city. Required to attend meetings. borrow money improvements. Limit of amount. Council may § 41-SEC. 15. (As Amended 1893.) To enable the common for municipal council to build or repair bridges, or make any other public improvement, and fully and effectually carry out and perform any and all powers conferred upon them by this act, they may borrow money for municipal improvements, or for the general purposes of the city, at a rate of interest not exceeding seven per cent per annum, and issue the bonds of the city therefor, signed by the mayor and recorder and countersigned by the controller, but no money shall be borrowed for a longer period than ten years, nor shall the amount of money thus borrowed exceed the sum of ten thousand dollars in a single year, and if the common council shall deem it necessary to borrow more money for municipal purposes or improvements, or for the purchase of property for municipal purposes than is above provided for, or to purchase and donate, or to aid in the purchasing of a site or sites for any State, educational, reformatory or benevolent institution or institutions, to be located in or in proximity to the city, or to aid in the construction of the same, or of a county court house or jail, which they may do when thereto authorized by a vote of the electors, as herein provided, loans to be electors. authorized, the question of raising such loan shall be submitted to the Questions of qualified electors of said city at some annual or special election submitted to called for that purpose, and if a majority of such electors voting at such election shall be in favor of such loan, the common council shall proceed to make such loan and issue the bonds When loan of the city therefor as above provided; but before any loan of council to money shall be authorized by a vote of such electors of said issue bonds. city, written or printed notices shall be posted by the recorder in at least two public places in each ward for thirty days, and such recorder shall cause notice to be published in some newspaper printed in said city for the same period, specifying the object or objects for which money is proposed to be borrowed. The common council may provide by ordinance the manner of voting upon any question of borrowing money, but the votes shall be canvassed and the result certified and determined in the same manner as the results of other votes are canvassed by the provisions of this act: Provided, That the total indebtedness Proviso. of the city for borrowed money, exclusive of sums borrowed by direction and for the use of the board of water and fire commissioners of said city, and sums borrowed for water power and electric lighting purposes, shall never exceed in amount a sum equal to five per centum of the aggregate of the last annual assessment roll of the taxable property in said city: Aud pro- Further vided further, That the twenty-five thousand dollars in bonds proviso. issued by the board of water and fire commissioners under the provisions of act number two hundred and forty of the local acts of the legislature of the State of Michigan of the year eighteen hundred and ninety-one, are hereby declared to be valid and of full force and effect, anything herein or in the act of which this act is amendatory to the contrary notwithstanding. § 42-SEC. 16. Whenever any money shall be borrowed by Bonds. the common council by authority from the electors of said city, the bonds shall be signed by the mayor and recorder; and all deeds of land sold by the common council shall be executed by the mayor and recorder, and, when duly acknowledged by them, may be recorded as other conveyances, and with like effect. nance 843-SEC. 17. No ordinance of the common council impos- Certain ordiing a fine or imprisonment shall take effect until the same shall be to be be published in some newspaper printed and published and circulâted in said city for two successive weeks: Provided, That Proviso. all ordinances in force in said city at the passage of this Act, and not inconsistent herewith, shall be and remain in full force un til amended or repealed by the common council. § 44-SEC. 18. All by-laws, regulations, resolutions and or- How proved. dinances may be proved in the manner provided by an Act, entitled "An Act to provide for proving the by-laws, ordinances and resolutions of incorporated cities and villages in certain cases," approved March eighteenth, in the year of our Lord one thousand eight, hundred and sixty-five, being section 7527 of Howell's Statutes. § 45-SEC. 19. The common council may prevent and punish Injury to property, etc. Fiscal year. Members of common coun interested in contracts with city. the riding or driving of any beast or team upon any sidewalk, or the doing of any act injurious or dangerous to any of the property of said city, or of the property of any of the inhabitants thereof, or which shall be dangerous to the life or health of any of the inhabitants of said city, and whenever by this act the common council are given any power, they may adopt bylaws or ordinances, rules and regulations, relative thereto. § 46-SEC. 20. The fiscal year of said city shall begin on the second Tuesday in March. § 47-SEC. 21. (As Amended 1893.) No member of the cil not to be council, or any officers of the corporation, shall be interested, directly or indirectly, in the profits of any contract, job, work or services, other than official services to be performed for the corporation. Any member of the council, or officer of said city, herein specified, offending against the provisions of this section, shall upon conviction thereof, be fined not less than one hundred nor more than one thousand dollars, or be imprisoned in the county jail not less than one or more than six months, or both in the discretion of the court, and shall forfeit his office, which shall be deemed to be vacant from the time of such conviction. Penalty. Removal from office by com § 48-SEC. 22. (As Amended 1893.) Any person appointed mon council. to office by the mayor or council by authority of this charter, may be removed therefrom by a vote of the majority of the aldermen elect; and the council may expel any alderman or remove from any office any person elected thereto, by a concurring vote of two-thirds of all the aldermen elect: Provided, That provision shall made, by ordinance, for preferring charges and trying the same; and no removal of any officer shall be made unless a charge in writing is preferred, and an opportunity given to make a acfense thereto. Proviso. committeos may issue subpoenas to compel attendance. Investigating § 49-SEC. 23. (As Amended 1893.) (As Amended 1893.) To enable the council or committees thereof to investigate charges against any officer or such other matters as they may deem proper to investigate, the the mayor and chairmen of committees charged by the council with any investigation are hereby empowered to issue subpoenas or process by warrant to compel the attendance of persons and the production of books and papers before the council or any committee thereof. Chairman shall have necessary oath. § 50-SEC. 24. (As Amended 1893). Whenever the council, power to ad- or any committee of the members thereof are authorized to minister the compel the attendance 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 administer the necessary oaths; and such council or committee shall have the same power to compel the witnesses to testify as is conferred by law on courts of justices of the peace. CHAPTER VIII. [Entire Chapter New 1893.] APPROPRIATION OF PRIVATE PROPERTY. tion of private § 51-SEC. 1. Private property may be appropriated for Appropriapublic use, for the purpose of opening, widening, altering and property for extending streets, alleys and avenues; and for construction of public use. bridges, for public buildings and structures, for public grounds, parks, market places and spaces, for public wharves, docks, slips, basins and landings on navigable waters, and for the improvement of water courses; for vaults, sewers, drains and ditches, for public water-works, electric, gas and steam plants, for hospitals, pest-houses and public cemeteries, and to lay through private property public sewers, water, steam and gas pipes and electric conduits, but such property shall not be taken therefor without the consent of the owner unless the necessity of the proposed improvement and the necessity for using such property and the just compensation to be made therefor shall be Compensadetermined by a jury of twelve freeholders as hereinafter pro- property to be vided; nor shall any improvements, requiring the taking of by jury. private property. be made, except with the concurrence of twothirds of all the aldermen elected to office. The council may, however, acquire such property by negotiation and purchase, in which case said improvements may be ordered by a majority vote of said aldermen. tion for determined When council shall deem the taking of shall declare § 52-SEC. 2. When the common council shall deem it necessary to make any public improvement requiring the taking necessary for or using of private property not acquired by purchase, they private propshall so declare by resolution, describing the proposed improve- erty; they ment, and each parcel of land designed to be taken by metes and by resolution. bounds, giving the names of the owners or persons interested therein so far as known to them, and shall, in the same resolution, direct the city attorney to institute proceedings in the circuit court for the county of Marquette to carry out the objects of such resolution. resolution to § 53-SEC. 3. Upon the passage of such resolution, a certi- Copy of fied copy thereof shall be furnished by the recorder to the city be furnished attorney. Upon receiving from the recorder said certified copy city attorney. of said resolution, it shall be the duty of the city attorney to file, in the name of the city, in the circuit court for the county of Marquette, a petition which shall allege the passage of the said resolution and contain a copy thereof; shall describe all the lots, tracts and parcels of private property proposed to be taken, and all lots, tracts or parcels of which the same are a portion; shall set forth the names of the owners, occupants and others interested in said parcels of land respectively so far as Jury to be the same can be ascertained, as respondents. The petition shall impanoled to allege that it is deemed by said common council necessary to take damages and and use said property for the public use and benefit, and shall tion. appraise to issue sum respondents. pray that a jury be impaneled to determine such necessity, the damage sustained and just compensation to be paid therefor. Such petition shall be verified by the city attorney, or some person having knowledge of the facts, and shall be filed in said court at least thirty days before the first day of a regular term thereof. Upon receiving such petition it shall be the duty of the Clerk of court clerk of the said court to issue a summons against the respondmons against ents named in said petition and all other persons interested, stating the object of the petition, and if said petition shall have been so filed thirty days before the first day of the next term of said court, commanding them in the name of the people of the State of Michigan to appear before said court on the first day of the next term thereof, otherwise so commanding them to appear on the first day of the term of said court following the said next. term thereof, or before the circuit judge at chambers at such time as he shall appoint, not less than thirty days after the filing of the petition, and to show cause, if any they have, why the prayer of the petitioner shall not be granted. And when it minors, etc., shall appear to the court by said petition, or otherwise, that any of the owners of said property sought to be taken as aforesaid are infants under the age of twenty-one years, or insane or otherwise legally incompetent to appear in person, the court shall appoint some suitable person to act as guardian ad litem to appear for said infants, insane or otherwise incompetent persons in said proceeding. In case of court to appoint a guardian. Summons to be served by sheriff or constable. When not summons to be left at residence. § 54-SEC. 4. Said summons shall be served by the sheriff or any constable of said county at least five days before the return day thereof, if the respondents, or any of them, be found in the county, it shall be served by exhibiting to each of them the original summons and delivering a copy thereof, but if the respondents, or any of them, cannot be found in said county, it found, copy of shall be served by leaving a copy at their respective residences, if any they have within the county, with some person of suitable age and discretion, and service upon all other respondents or persons shall be made by publishing a copy of said summons in one of the newspapers in said county at least eight days before the return day thereof named in said summons, and by posting a copy of said advertisement in some conspicuous place upon each of the parcels of land proposed to be taken, and named in said petition, at least one week before the return day named in said summons. The return of the officer of service of said summons, and affidavit showing the posting of said notices, and affidavit showing due publication of said summons shall be filed with the elerk of said court before a jury shall be impaneled. Impaneling of jury. § 55-SEC. 5. The said jury shall be composed of disinterested freeholders of said county, to be impaneled and shall be impaneled as follows: The sheriff or such constable of said county as the court or judge shall direct, upon said return day, or such other day thereafter as the court or the judge thereof shall direct, shall make a list of twenty-four disinterested freeholders of said county; and the city attorney and the respondents collectively |