ment shall be levied before the letting of the contract for the making of such improvement, or until the council shall have determined, by resolution or otherwise, that the city shall do the work and furnish the material for such improvement and that no contract shall be let for the making of such improvement.

assessment.

SEC. 5. Whenever the council shall direct any special as- Who to make sessment to be made, they shall direct the same to be made by the persons named in section two of this title, and shall state therein the amount to be assessed, and shall describe or designate the lots and premises constituting the district to be assessed. Such assessment shall be made by frontages or benefits, as the council shall direct.

sessors to

Assessments,

how made.

SEC. 6. Upon receiving such directions, the board of as- Board of assessors named therein shall make out an assessment roll, make roll. entering and describing therein all the lots and premises, and parts of lots, to be assessed, and the valuation thereof, and the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the council. When such assessment is completed, they shall report the same to the council. If the assessment is required to be according to frontage, they shall assess to each lot or parcel of land such relative portion of the whole amount to be levied as the length of front of such lot or premises abutting or fronting upon the improvement bears to the whole frontage of all the lots or premises to be assessed unless on account of the shape or size of any lot or premises an assessment for a different number of feet would be more equitable. If the assessment is directed to be according to benefits they shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot or premises from the improvement, and shall report the same to the council.

of adoption,

SEC. 7. When any special assessment roll shall be reported Roll, where by the board of assessors, the same shall be filed in the office filed, notice of the recorder. Before adopting such assessment the coun- etc. cil shall cause notice to be published for at least two weeks in at least one newspaper published in the city of Muskegon and circulating in said city of Muskegon Heights, of the filing of said assessment roll, and appointing a time in said notice, when the council and board of assessors will meet to review the same. Any person objecting to such assessment may file his objections thereto in writing with the recorder.

assessors to

SEC. 8. At the time so appointed, the council and board of Council and assessors shall meet, and then or at some adjourned meeting review roll. review the assessment roll and consider any objections made thereto. The council shall correct the same, if necessary, and confirm it as reported or as corrected, or it may refer it back to the board of assessors for revision or annul it, and direct a new assessment, in which case the same proceedings shall be had, as in respect to the previous assessment. When a

Confirmation to be final.

Assessments

lien.

May be divided into installments.

When due.

In case of division of property.

Deficiencies, how paid.

When may make new assessment.

special assessment shall be confirmed, the recorder shall endorse a certificate thereon upon the roll, showing the date of confirmation.

SEC. 9. When any special assessment shall be confirmed by the council, it shall be final and conclusive, but no such assessment shall be confirmed, except by the concurrence of twothirds of all the aldermen elect.

SEC. 10. All special assessments shall, from the confirmation thereof, constitute a lien upon the respective lots or parcels of land assessed, and shall be a charge against the person to whom assessed until paid.

SEC. 11. Upon the confirmation of any special assessment, the amount thereof may be divided into not more than six installments, one of which shall be collected each year, at such times as the council shall determine, with such annual interest as the council may determine, at a rate not exceeding five per cent.

SEC. 12. All special assessments, except such installments thereof as the council shall make payable at a future time, as provided in the preceding section, shall be due and payable on confirmation.

SEC. 13. Should any lots or premises be divided after a special assessment thereon shall have been confirmed. and divided into installments, and before the collection of all the installments, the council may require the board of assessors to apportion the uncollected amounts upon the several parts of lots and premises so divided. The report of such appointment, when confirmed, shall be conclusive on all the parties and all collections thereafter made upon such lots or premises shall be according to such division.

SEC. 14. Should any special assessment prove insufficient to pay for the improvement for which it was levied, and the expense incident thereto, the amount of such deficiency shall be paid from the appropriate general fund of the city, and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.

SEC. 15. Whenever any special assessment shall, in the opinion of the council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made, for the same purpose for which the former assessment was made. All proceedings on such reassessment and for the collection thereof shall be conducted in the same manner as provided for the original assessment. Whenever any sum, or any part thereof, levied upon any premises, in the assessment so set aside has been paid, and not refunded, the payment so made shall be applied upon the reassessment, and the reassessment shall to that extent be deemed satisfied.

not to destroy

SEC. 16. No judgment or decree, nor any act of the coun- Judgments cil vacating a special assessment, shall destroy or impair the lien. lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same, or as by a regular mode of proceeding might have been lawfully assessed thereon.

When recorder to report to

to collect tax.

SEC. 17. Whenever any special assessment shall be confirmed and be payable, the council may direct the recorder to assessor. certify and report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each, and the name of the owner, or occupant against whom the assessment was made, and require said city assessor to levy and spread the several sums so assessed as a tax upon the several lots or premises to which they were assessed respectively. Upon re- When assessor ceiving said report, the city assessor shall levy and spread the sums therein mentioned upon the respective lots and premises to which they are assessed, and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and thereupon the amount so levied and spread in said general assessment roll shall be collected and enforced with the other taxes in the general assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper fund.

ment made

roll.

collect by

sale.

SEC. 18. Whenever any special assessment shall be con- When assessfirmed and be payable, as herein before provided, the council, direct from instead of requiring the assessment to be reported to the city assessor as hereinbefore provided, may direct the assessment so made in the special assessment roll to be collected directly therefrom. And thereupon, the recorder shall make a certified copy of said special assessment roll, and the mayor shall attach thereto his warrant commanding the city treasurer to collect from each of the persons assessed in said roll, the amount of money assessed and set opposite his name therein, and in case any person named in said roll shall neglect or re- When may fuse to pay his assessment upon demand, then to levy and distress and collect the same by distress and sale of the goods and chattels of such person, and to return said roll and warrant, together with his doings thereon, in sixty days from the date of such warrant. In case any assessment shall remain unpaid after the expiration of said sixty days no renewal of said force. warrant shall be necessary, but said warrant shall remain in full force and effect, and the treasurer shall have full power and authority to collect the same by virtue of said original warrant at any time, until such assessment shall be paid, or until said assessment shall be placed and levied upon the general assessment roll, as in this act provided. In case any When may assessment shall remain unpaid after the expiration of the next roll. said sixty days, the council may at any time thereafter direct

Warrant to

remain in

spread tax on

When treas

urer to collect tax.

Collection

fees and interest.

the amount thereof to be levied and spread, together with the interest thereon, at eight per cent. per annum, upon the next general assessment roll, and thereupon the city treas urer shall certify to the city assessor a correct description of the lots and premises, upon which any such assessment or part thereof remains unpaid, together with the amount of such unpaid assessment, with the interest due thereon, and the name of the owner or occupant against whom the assessment was made, and thereupon it shall be the duty of the city assessor to levy and spread such assessment upon the general assessment roll, as hereinbefore provided.

SEC. 19. Upon receiving said special assessment roll and warrant thereto, the city treasurer shall proceed to collect the amounts assessed therein, and on all sums paid at his office within thirty days from the time the roll came into his hands for collection, no collection fee shall be added, and upon all amounts paid after the expiration of said thirty days, he shall add and collect four per cent as collection fees. To all amounts paid after the expiration of sixty days from the time the roll came into his hands for collection, he shall add and collect interest at the rate of eight per cent per annum. Such collection fees and interest shall be an additional charge upon the lots or premises assessed, and against the persons chargeable therewith, and said interest shall be paid into the city treasury and credited to the interest and sinking fund. If any person shall neglect or refuse to pay his assessment upon demand, the city treasurer shall levy and collect the same by distress and sale of the goods and chattels of such person, found within the city or elsewhere within the county, to an amount sufficient to pay such assessment, fees, interest and charges for subsequent sale. Such sale shall be at public auction, on giving public notice of the time and place of such sale for at least six days previous thereto, by posting written or printed notices in three public places in the city or townProceeds, how ship where such property may be found. The proceeds of such sale or so much thereof as shall be necessary for that purpose, shall be applied on the payment of the assessment, and a percentage of five per cent for costs and expenses of said seizure and sale, and the surplus, if any, shall be paid to the party entitled thereto.

When to col tress and sale.

lect by dis

used.

When may collect by suit.

Judgment, when rendered.

SEC. 20. At any time after any special assessment has become due and payable, the same may be collected by suit, in the name of the city against the person assessed, in an action of assumpsit, in any court having jurisdiction of the amount. In every such action a declaration upon the common counts for money paid shall be sufficient. The special assessment roll, and a certified copy of the order or resolution confirming the same, shall be prima facie evidence of the regularity of all the proceedings in making the assessment, and of the right of the city to recover judgment therefor.

SEC. 21. If in such action is shall appear that by reason of any irregularities or informalities the assessment has not

been properly made against the defendant, or the lot or premises sought to be charged, the court, nevertheless, on satisfactory proof that the expense has been incurred by the city, which is a proper charge against the defendant or the lot or premises in question, shall render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

waiver of lien.

SEC. 22. The bringing of any such suit by the city shall Suit not a not be deemed a waiver of the lien created by this act, nor of the right to enforce the same in the manner provided therefor.

TITLE XII.

APPROPRIATION OF PRIVATE PROPERTY.

appropriated.

SECTION 1. Private property may be appropriated for pub- How and when lic use for the purpose of opening, widening, altering and extending streets, alleys, avenues, for the construction of bridges, for buildings and structures for the fire department, for public grounds, parks, market places and spaces, for public wharves, docks, slips, basins and landings, for improvements or constructions of water courses, sewers, drains, ditches and outlets and discharges for the same, for waterworks and necessary public buildings, hospitals, pest-houses, quarantine grounds, public cemeteries, for gas, and electric light plants, and for other lawful and necessary public uses. But such property shall not be taken therefor, without the consent of the owner, unless the necessity for taking and using the same, and the just compensation to be made therefor and to be actually paid, or to be secured shall be determined in the manner provided by the constitution and laws of this State.

how gov

SEC. 2. The city of Muskegon Heights shall have all the Taking of, rights and privileges and all the powers of other cities and erned. villages in this State to take private property for public use and shall, as to all such rights, privileges, and powers be gov erned by the provisions of the constitution and laws of this State in relation to such matters.

TITLE XIII.

SEWERS, DRAINS AND WATER COURSES.

establish.

SECTION 1. The council may establish, construct and main- Council may tain sewers and drains, and improve water courses, whenever and wherever necessary and of dimensions and material, and under such regulations as it may deem proper, for the drainage and sewerage of the city.

paid.

SEC. 2. The costs and expenses of establishing and main- Costs of, how taining any main or trunk sewer, constructed without reference to sewer districts, shall be paid out of the general sewer