prevent electrolysis, and to provide for a liability by injury to public or private property from electrolysis;

Fifty-first, To require all persons, before constructing, alter- Building pering or enlarging any building or other structure within the mits. city limits, to obtain a permit therefor; and to regulate by ordinance the terms and conditions on which such building permits shall be granted and issued;

Fifty-second, The council shall also have power, whenever Markets. it may deem necessary, to cause to be constructed a city market or markets, or other necessary public buildings, to acquire by purchase the necessary lands whereon to erect the same and to appoint the necessary officers thereof; to locate the same within or without the city limits, and to make such rules and regulations concerning the same as it may deem necessary or proper. The council may provide for erecting Hospitals, etc. and maintaining a city hospital with any eleemosynary or charitable association, and provide for the joint management and control thereof. No such public building shall be constructed unless the council shall order the same by a threefourths vote of all the aldermen elect;

venders.

Fifty-third, To require transient traders and dealers and Itinerant itinerant merchants to obtain a license before engaging in business in said city, and to prescribe and regulate the terms and conditions of issuing of such license;

Fifty-fourth, To own and provide for the use of voting ma- Voting machines, and to provide for the reception, determination and chines. return of the votes cast at elections, and to regulate the manner of the use of such machines, and the conducting of the

elections therewith within said city;

Fifty-fifth, The said city shall have the power to acquire, Water works. own, maintain and operate a system of water-works, also to acquire, own and maintain such real estate as it may deem requisite therefor, within or without the limits of said city; Fifty-sixth, The council shall have power to make all such Further other by-laws, ordinances and regulations as it may deem necessary for the safety and good government of the city, and to preserve the health, and to protect the persons and property of the inhabitants thereof.

powers.

sary to pass

SEC. 23. The concurrence of a majority of all the aldermen Vote neceselect shall be necessary to pass any ordinance, and no ordi- ordinances. nance granting rights, privileges or franchises to any person or corporation shall be adopted, amended or repealed without the concurrence of two-thirds of all the aldermen elect. No ordinance, when first introduced, shall be acted upon at the same meeting, but shall be referred to a committee, or otherwise laid over for at least one week, and shall be published with the council proceedings. No ordinance subjecting any person to fine and imprisonment shall take effect until it shall have been published at least six days in the official newspaper of said city.

dinances.

SEC. 24. The style of all ordinances of the common council Style of orshall be, "It is hereby ordained by the common council of Bay City." And all prosecutions for offenses arising under

Appoint-
ments, etc.,
how made.

Certain

moneys, how
used.

When council

to act as

township
board.

To have
general super-
vision.

Officers to
take

of certain

this act or any ordinance or regulation of the council shall be in the name of Bay City.

SEC. 25. All appointments to office shall be made by a majority vote of all the aldermen elect, except as herein otherwise provided, and removals from office shall be made by a like vote, except in cases where, by this act, a different vote may be required.

SEC. 26. All moneys collected by the city for licenses and permits, and all fines imposed for the violation of any ordinance, shall be placed into and constitute a part of a special fund, to be appropriated for the use and benefit of charitable purposes. as may be directed by the common council.

SEC. 27. The common council of said city is hereby authorized and required to perform the same duties in and for said city as are by law imposed upon the township boards of the several townships in this State in reference to school taxes, county and State taxes, the support of the poor, and State, district and county elections.

SEC. 28. The legislative powers of the city government are hereby vested in the common council, which shall possess a general supervisory control over the officers, agents and employes of the city government; also over all boards and commissions of the city, and over the officers, agents and employes of said boards and commissions.

SEC. 29. The comptroller, treasurer, board of public works official notice and all other officers and boards of such city, shall take notice officially of the acts and resolutions of the council and board of education, and said council and board of education shall in like manner take official notice of acts and resolutions of each other.

acts.

Duties of
aldermen.

Council to fix salaries of officers.

SEC. 30. It shall be the duty of every alderman in said city to attend the regular and special meetings of the council; to act upon committees when thereunto appointed; to order the arrest of all persons violating the laws of this State, or the ordinances, by-laws or police regulations of said city; to report to the mayor all subordinate officers who are guilty of any official misconduct or neglect of duty; to maintain peace and good order, and to perform all other duties required of him by this act.

SEC. 31. The council, except as herein otherwise provided, shall fix and determine the salary or compensation to be paid to the several officers and employes provided for in this act, or now or hereafter provided by any general law of the State, for whose salary or compensation the city is or may be made liable. The salary or compensation of all other officers and employes not herein specified shall be such sum or sums as the council shall direct. The salary or compensation of any officer or person elected, appointed or employed for a definite period. of time shall not, after the election, appointment or employment of any such person, be increased or diminished for or during the period of time for which he is elected, appointed or employed, except by a two-thirds vote of all aldermen elect.

have super

sidewalks.

SEC. 32. The council shall have power to regulate the times Council to and manner of working upon the streets, lanes and alleys in vision of said city; to provide for the grading, graveling, paving, plank- streets and ing, macadamizing or otherwise improving the streets or alleys of said city, and to provide for the regulation and construction, building, rebuilding and repairing of all sidewalks in said, city; to provide for and regulate the establishment of the grades therefor, the kind or kinds, the manner of construction and the materials composing the construction thereof; the repairing and rebuilding of all sidewalks heretofore or hereafter built and constructed, and all other things in relation to constructing and repairing sidewalks, that the good and welfare of the people may require. The council may require that all sidewalks in said city or in certain defined districts or portions of the city shall be built and constructed of certain specified materials. It is hereby made the duty of all persons to keep in reasonable repair so that they shall be reasonably safe and convenient for public travel, all sidewalks in front of all lands or premises owner or occupied by him or them, and if any owner or occupant of any lands or premises in said city shall neglect or refuse to keep in repair, or shall suffer to be out of repair so as not to be in condition reasonably safe and convenient for public travel, any sidewalk in front of his or their lands or premises, such owner or occupant shall be liable to the city for all damages and costs recovered from and against said city, by reason of such sidewalk being out of repair; such damages and costs may be recovered by said city in any court of competent jurisdiction with costs of suit, and the judgment recovered against said city shall be conclusive evidence of the liability of such owner or occupant to said city: Provided, That notice of the pend- Proviso. ency of any suit brought against the city for the recovery of such damages, shall be given such owner or occupant, or to the agent, if he can be found, of such owner, if such premises be unoccupied, and the owner thereof a non-resident, and he or they permitted to assist in the defense of such suit, if he or they so request.

have super

street rail

SEC. 33. The common council shall have power to authorize Council to the running of railroads and street railways in the streets of vision of railsaid city, and may, as a condition of such use of the streets, roads and require the corporation or persons owning such railroad or ways. street railway to plank or pave so much of any street or streets so used as the council may deem just and proper; but before any railroad or street railway company shall lay any track or tracks upon any street or part of a street, such company shall procure and file with the recorder the written consent of at least three-fifths in number of the persons owning property fronting upon such streets or part of a street, that such company may lay its track or tracks thereon and operate the same. And as a further condition of the use by any railroad or street railway of any street or streets which may have been in whole or part paved, planked, or macadamized prior to such use by any railroad or street railway, the council

1

certain regulations for.

shall have power to require any corporation, or persons owning such railroad or street railway, to pay such proportion of the original cost of such planking, paving or macadamizing such street or streets as the council may deem just and proper. The moneys so paid to the city treasurer shall be distributed and paid over by him under the direction of the comptroller, to and among the property owners and municipal corporations originally assessed for the cost of such paving, planking or macadamizing, pro rata. The width of any right of way occupied by any such company shall in all cases be measured from a point distant one foot and two inches out from the outer side of the outermost rail on one side of the center of the street to a point distant one foot two inches out from the outer side of the outermost rail on the other side of the center of said street.

May prescribe SEC. 34. The council may require such railroads and street railways to use such rails and ties, to lay their tracks and construct their road upon such grade and in such manner as it may from time to time require; the council may also require any railroad company to use, erect and maintain such safety gates and other safety devices, to be constructed as it may require. The council may also regulate and fix the rate of fare on street and inter-urban railways; and it may make such other and further regulation in relation to the use of the streets by any railroad, street railway or inter-urban railway as it may deem proper. And in default of the performance of any of the conditions above mentioned and provided for, the council may cause any railroad, street railway or interurban railway now or which may be hereafter laid to be changed in its route and its rails and ties removed; and the council may use such force as may be necessary to enforce a compliance with the conditions above named, and with any request to remove such rails, ties or change such routes; and the council may further provide by ordinance such penalties as may be necessary to enforce a compliance therewith.

May change route of

railroads, etc.

Proviso.

May lay out, repair, etc., streets, etc.

Proviso.

SEC. 35. Nothing herein contained shall be deemed to prohibit the council from changing the route of any railroad or street railway now in or hereafter to be laid in said city, when, in the opinion of the council, the people's good may require it: Provided, however, That nothing herein contained shall be deemed to deprive the owner or owners of any property abutting on any street or streets through which such railroad or street railway may pass, of his or her right of action against the person or corporation owning such railroad or street railway for damages incurred by reason of such use of any street or streets.

SEC. 36. The council shall have power to lay out, open, make, grade and repair streets, lanes and alleys and the same to alter and vacate, and to alter or vacate those already laid out: Provided, That before any street, lane or alley shall be vacated or altered, the person or persons applying therefor shall give public notice, specifying the time and place at which such application will be made, by causing the same to

viso.

be published in the official newspaper for three successive weeks, or by personally serving upon each owner residing in said city, or occupant of any lot contiguous to said street or alley proposed to be altered or vacated a copy of such notice. Upon the hearing of such application, all parties in interest shall be entitled to be heard in person or by counsel, and no street or alley shall be vacated except upon sufficient cause shown, and with the concurrence of three-fourth of all the aldermen elect: And provided further, That when any street or high- Further proway has once been graded, leveled, paved or covered with broken or pounded stone or other material, and the grade line thereof established, the said council shall not change or alter the grade line of said street or highway unless it has been first petitioned so to do by a majority of all the property owners on said street or highway. The council shall have power to regulate the use of all public highways, streets, avenues and alleys of the said city, subject to the rights of travel and passage therein. Whenever it becomes necessary, in laying out or opening any such highway, street, avenue, lane or alley, to take private property for that purpose, the same shall be done in the manner hereinafter provided.

which may

SEC. 37. The common council of Bay City shall have power Purposes for to purchase or take private property for the public use and take property. benefit in the following cases:

First, To open, extend, widen or straighten any public high

way, alley or street in said city;

Second, To obtain sites for public buildings, to locate, estab

lish or alter any sewer or drain;

Third, To obtain a site for a public market.

SEC. 38. Whenever the common council shall deem it neces- Notice of, sary to take private property for public use for any of the how given. purposes aforesaid, they shall give notice thereof to the owner, owners, or persons interested, or their agents or representatives, when said owner, owners or persons interested or their agents or representatives can be found within the county of Bay, and when said owner, owners or persons interested, or their agents or representatives cannot be found within Bay county, then by written notice posted in three public places in said city, at least three weeks next preceding the next meeting of said council for the purpose aforesaid. Said notice What to state. shall state the time when, and the place where, the common council will meet to treat with the owner, owners, or persons interested, their agent or representative, for the property proposed to be taken. At such meeting of the common council, or at a subsequent meeting to which the subject matter is postponed, the council is authorized to treat with such person or persons for such property; and if such person or per- When jury to sons shall refuse to treat for the same, or if the parties cannot agree therefor, it shall and may be lawful for the common council to direct any justice of the peace of said city to issue a venire facias, commanding the chief of police of said city to summon and return a jury of twelve disinterested free

be summoned.