Location of shops, explosives, etc. When building declared nuisance. Compensation. When engineer may pull and the material of which the outer walls and roofs shall be constructed. SEC. 8. The council may also prohibit, within such places or districts as they shall deem expedient, the location of shops; the prosecution of any trade or business; the keeping of lumber yards; and the storing of lumber, wood or other easily inflammable material, in open places. when, in the opinion of the council, the danger from fire is thereby increased. They may regulate the storing of gunpowder, oils and other combustible and explosive substances, and the use of lights in buildings; and, generally, may pass and enforce such ordinances and regulations as they may deem necessary for the prevention and suppression of fires. SEC. 9. Every building or structure which may be erected, placed, enlarged, or kept, in violation of any ordinance or regulation made for the prevention of fires, is hereby declared to be a nuisance, and may be abated or removed by the direction of the council. SEC. 10. The chief engineer, officers, firemen and employes of the department shall receive such compensation as the board of fire commissioners with approval of common council may prescribe; and during their term of service shall be exempt from serving on juries. SEC. 11. The engineer in charge of the department at any down building. fire, with the concurrence of the mayor or any two aldermen, may cause any building to be pulled down or destroyed, when deemed necessary, in order to arrest the progress of the fire, and no action shall be maintained against any person or against the city therefor. Board to report to council. SEC. 12. The board of fire commissioners shall, on or before the first Monday of February in each year, report, in detail, to the common council the estimated expenses of the department for the current fiscal year, with such recommendations as to the purchase of new engines, apparatus, material, etc., for the use of the department as in the judgment of the board will be for the best interests of the city and most conducive to the efficiency of the department. TITLE XIX. Appointment, term, etc. BOARD OF PUBLIC WORKS. SECTION 1. The board of public works of said city shall continue, and the members thereof shall hold office during the term for which they were respectively appointed. The common council, at some regular meeting between the first day of March and the first day of April in each year, shall, on the nomination of the mayor, appoint one member of said board to fill the place of the member whose term shall soonest expire, to hold office for five years. Vacancies occurring in said board shall, in like manner, be filled by appointment by the common council, upon the nomination of the mayor, which shall be for the unexpired portion of the term in which such vacancy may occur. Every member of said board shall, before entering upon the duties of his office, file with the recorder a written acceptance and oath of office. The term of office of members of said board shall commence at nine o'clock in the forenoon of the first Monday in May in the year of their appointment, except those appointed to fill vacancies, whose term shall commence from the time of filing with the recorder their acceptance and oath of office. The members of said board shall serve without compensation. president. duties. SEC. 2. Such board shall annually elect one of its members To elect president, who shall hold office for one year and until his successor shall be appointed. The recorder, as secretary of said Secretary, board, shall attend all meetings thereof, and keep a record of its proceedings, which shall be deemed a public record, and shall at all times be open to the inspection of the mayor and members of the common council, and all persons interested therein. Said secretary shall perform such duties in such manner as the said board may direct. interest in SEC. 3. No member of said board shall, during his term of Personal office, hold any elective office under the charter of said city. contracts, Nor shall any member be personally interested, directly or etc. indirectly, in any contract for any public improvement in said city, nor in the purchase, sale or disposition of any material to be used or applied in or about any public work or improvement under the control and supervision of said board. SEC. 4. A majority of said board shall constitute a quorum Quorum. for the transaction of business, but a majority of all the members thereof shall be necessary to decide questions before the board; and the record of the proceedings of the board shall show the vote of each member voting upon any question appropriating money, allowing claims, making or approving contracts, or incurring expenditure in any manner, and whether he voted for or against such question. works. SEC. 5. Said board shall have the care and management Care of water of the water-works as now constructed and as the same may be improved and extended, and of the maintenance and repairs thereof, and shall direct the manner of making connection with water pipes to consumers, and regulate the measuring and ascertain the amount of water furnished. ments, wires, etc. SEC. 6. Said board shall have the charge and management Sewers, paveof the construction, repair and maintenance of all sewers built, or to be built in said city, of the improvement of water courses and the dyking of Grand river; of the erection of public buildings, of the building of bridges, of the construction of pavements, sidewalks and crosswalks, of the graveling, working upon and otherwise improving the public streets, lanes and alleys within said city, of the laying of gas pipes, telephone and telegraph wires and of the making of all other public improvements from time to time ordered by said common council, except as herein otherwise provided. SEC. 7. Said board shall have the charge of all public Public imimprovements, the making of which shall be provided for in the provements. Powers. Idem. To advertise annual appropriation bill, but said board shall in all respects be bound by the limitations contained in said appropriation bill, as to costs, material and manner of construction, nor shall any such public improvement or repairs be made by said board. unless directions therefor are so contained in said appropriation bill, except as hereinafter provided. Nor shall any indebtedness whatever be incurred by said board beyond the appropriation of the council for that particular purpose. The powers of said board shall however be subject to such proceedings relative to special assessments as are herein otherwise provided for; and shall be further subject to any order or direction of the common council made after the passage of said annual appropriation bill relative to the work. improvement, directions, constructions and repairs therein provided for if regularly adopted by a majority vote of the members elect of said council. SEC. 8. Whenever the council shall decide that an exigency exists requiring the construction or repair of any public work or improvement not provided for in the annual appropriation bill and determining that the same is a necessary improvement, and appropriating money therefor under the provisions hereinbefore contained with reference thereto, the said board shall proceed thereon in like manner and shall have power with respect thereto to the like extent as though the directions therefor had been contained in the annual appropriation bill. SEC. 9. Whenever any special assessment to defray the cost for proposals. of any work or improvement shall have been levied by the council, and the assessment roll placed in the hands of the city treasurer for collection, the said board shall advertise for sealed proposals for making such improvement. Publication shall be made for at least one week in such newspaper or newspapers published in said city, as the board may designate for such proposals which shall include the performance of the necessary labor and furnishing materials there for: Provided. That if the estimated cost of the improvement shall not exceed one hundred dollars, said board may in its discretion omit to advertise the same and may procure proposals without so doing. In such publication said board shall reserve the right to reject any and all bids. Proviso. Contracts, to whom let. How signed. To audit claims for work, etc. SEC. 10. The council shall, by resolution direct the said board to enter into a contract with the lowest responsible bidder for the furnishing of material and the performance of the labor necessary for making any public improvement for which bids or proposals have been so reported, and said council may direct the execution of said work for the making of the improvement in any other mode than by contract by the votes of a majority of the members elect of the council. SEC. 11. All contracts made by said board shall be in the corporate name of the city and shall be signed by the recorder and countersigned by the president of the board. SEC. 12. All claims for work done under the supervision of. or expenses incurred by said board shall be audited and reported by it to the common council. Said board may recon sider its action upon any such claim at any time prior to its payment, but unless reconsidered the auditing thereof by said board shall be final as to the acceptance of the work or material for which said claim is made, and the council shall order the same paid. Such audit shall not however in any case estop the city from thereafter contesting the sufficiency of the service, labor, material, building, erection or article to comply with any contract under which the same was furnished or in any way to qualify the liability of any contractor upon any warrant expressed or implied governing the furnishing thereof. mates to SEC. 13. It shall be the duty of the board from time to time Make estito make estimates of the amount earned and payable upon council. any contract for public work or material connected therewith and report the same to the council, and thereupon it shall be the duty of the council, without unreasonable delay to order payment of the amount so reported. suspend or SEC. 14. Said board shall reserve the right in all contracts When may to determine finally all questions as to the proper performance relet work. of such contracts and as to the completion of the work specified therein, and in the case of a dilatory, improper or imperfect performance thereof to suspend the work at any time, to order the partial or entire reconstruction of the same if imperfectly done, or to relet the work covered by such contract, or any unfinished portion thereof, whenever from unreasonable delay in performing the work or other just cause they shall deem such contract forfeited and power is hereby given said board to determine all such questions arising under any such contract according to the true intent and meaning thereof. council. SEC. 15. Said board shall make a report to the common To report to council in writing, and oath of the person having charge of the work that has been performed, once in each month, and oftener if required, giving an exact statement of all labor performed by said board or under its supervision and the charge therefor, and the street or place where such material was used or labor performed; and further showing the items and purpose of all expenses incurred since their last preceding report, and no claim for labor or services performed, or for expenses incurred by it shall be audited by said board until reported on oath as aforesaid. cers, etc. SEC. 16. The said board shall on or before the third Mon- When to apappoint omday in February in each year appoint and employ such officers, engineers and laborers as may be necessary to carry into effect the powers and duties herein conferred and imposed, and all officers so appointed shall hold their respective offices at the pleasure of said board. SEC. 17. Said board shall on or before the first Monday in Annual February in each year report to the common council the esti- report. mated expense of all officers and employes which by this act they are empowered to appoint or employ. They shall also at the same time report and recommend to said common council the making of such public improvements as in the judg ment of said board shall be for the best interest of the city and the estimated cost thereof. TITLE XX. Process against city. Plat, etc., when approved by council. Recording. Repealing clause. Proviso. MISCELLANEOUS. SECTION 1. All process against the city shall run against the city in the corporate name thereof, and may be served by leaving a certified copy with the mayor or recorder. SEC. 2. No plat and dedication of any street and public grounds within the city shall be approved by the council until the proprietor thereof shall file with the recorder a correct survey, plan and map of such grounds, and the divisions thereof, showing the relative position and location of lots, streets and alleys (with respect to the adjacent lots, streets and alleys) of the city; nor shall any such plan and map, divided and platted into lots, streets and alleys, be recorded in the office of register of deeds for said county of Jackson until the survey, plan and map aforesaid is filed with the recorder; nor shall such map be approved by the council unless the dedication of the streets thereon shall be such as to vest in said city absolute control over streets; and such approval and acceptance by said council shall be by ordinance or resolution. SEC. 3. All acts or parts of acts contravening the provisions of this act, or inconsistent herewith, are hereby repealed: Provided. This act shall not invalidate any legal act done by the mayor, recorder and aldermen of the city of Jackson, or by the common council, or any officer of said city. All ordinances, by-laws, regulations, resolutions and rules of the common council of the city of Jackson, now in force, and not inconsistent with this act, shall remain in force until altered, amended or repealed by the common council under this act, and after the same shall take effect. All property, real and personal, and rights of property in law or in equity, and all debts, fines, penalties. forfeitures, rights and causes of action which belong, have accrued or may accrue to said city of Jackson, shall be fully and absolutely vested in the said city of Jackson, to be held subject to the provisions hereof, and may be prosecuted for, recovered, claimed, and maintained by said city of Jackson, in its own name, or in any other lawful Writs, actions, manner. All writs, prosecutions, actions and causes of action now in suit or instituted by or against or in behalf of the city of Jackson, shall continue and may be prosecuted to the end thereof, to the same effect as if this act had not been passed; and said city of Jackson shall pay and discharge all the debts, obligations, contracts and liabilities of the city of Jackson. etc., to continue. This act is ordered to take immediate effect. |