Charter Amendments

To amend soctions one, two, fiity-six, one hundred and three, one hundred and twenty-seven and one hundred and thirty of an act entitled "An Act to incorpórate the city of Ann Arbor, revise the charter of said city, and repeal all conflicting acts relating thereto," being Act number three hundred and thirtyone of the Session Laws of one thousand eight hundred and eighty-nine ,approved March fifteenth, one thousand eight hundred and eighty-nine and to add seven new sections thereto, to stand as sections one hundred and thirty A, one hundred and thirty B, one hundred and thirty C, one hundred and thirty D, one hundred and thirty E, one hundred and thirty F and one hundred and thirty G. Section 1. The people of the State of Michigan enact, ïhat sections one, two, flfty-six, one hundred and three, one hundred and twenty-seven and one hundred and thirty of an act, entitled, "An Act to re-incorporate the city of Ann Arbor, revise the charter of said city, and repeal all conflieting acts relating thereto, being actNo. three hundred and thirty-one of the Session Laws of one thousand eight hundred and eightynine, approved March fifteen, one thousand eight hundred and eighty-nine, be and the same are hereby amended so as to read as hereinafter set forth, and that seven new sections be added thereto, to stand as sections one hundred and thirty A, one hundred and thirty B, one hundred and thirty C, one hundred and thirty D, one hundred and thirty E, one hundred and thirty F, and one hundred aml thirty (t, as follows: Section 1. That so niuch of the township of Ann Arbor, in tiie county of Washtenaw, as is included iñ the following limita, to wit : Beginuing at the corner of sections twenty-nine, thirty, thirty-one and thirty-two of said township, thence north along the east line of section thirty to the east quarter post of section thirty, thence west on the east and west quarter line to the east half quarter post of said section thirty, thence north along the cast half quarter line of said section thirty, to the northwest corner of the east half of the northeast quarter of said section thirty, thence east along the north line of said section thirty to the northeast corner of said section thirty, thence north along the line of 3eetion twenty to the northeast corner jf the southeast quarter of the southeast marter of section nincteen. thence east on the half quarter lines of seetions twenty and twenty-one of said township to the east half quarter stake of the northeast quarter of said section twentyone, thence south on the east half i marter line of section twenty-one to the north bank of Huron River, tlience south easterly along the east bank of the Huron River to the south line of IJighwav crossing thfe Huron River on the North line of section twenty-eight, theuce west along the south line of said highway to the east half quarter line of sectiou twenty-eight, thenee south along the eust half quarter line to the east and west quarter line of said section twentyeight, thence east along the east and west quarter line to the east quarter part of section twenty-eight, thence south on the east line of sections twentyeight and thirty-three to the southeaat corner of the northeast quarter of the southeast quarter of section thirty-three, thence west along the north half quarter line to the west line of State street extended south, thence north along the west line of State street to the east quarter post of section thirty-two, thence west along the east and west quarter line of section thirty-two, to the east quarter post of section thirty-one, thence north along the east line of section thirty-one to the place of beginning, be and the same is hereby set off frorn said township, and declared to be a city, by the nameof the city of Ann Arbor: ml the iïeemen of said city, froni time t.i time being inhabitanta thereof, shall be and continue to be a body corporate and politie, by the name of "the city of Ann Arbor," and by that name it shall be known in law, and shall be capable of suing and being sued and of prosecuting and dofending all suits : and they may have a common eeal, which' the common council may alter at, pleasure and shall be capable of purchasing, holding, conveying aud disposingof real and persi mal estáte for the use of said corporaation. Section 2. The city shall be divided into six warde, as folio ws: the first ward ahall embrace all that part of the city lyiug south of Huron Mreet, east of Main street and the Ann Arljor aud Lodi plank road, west of State street and the Pittsfield road, or State street as continued. The second ward shall embrace all that portion of the city lying ing south of Huron street and the Dexter road and west of Main street and the Arm Arbor and Lodi plank road. The third ward shall embrace all that portiou of the city lying north of Huron street and the Dexter road, and west of Fourth Avenue aud the line of Fourth Avenue as extended to the Kiver Huron. The fourth ward shall embrace all that portion of the city lying north of Huron street and the line of Huron street as extended to the city limita and south of the River Huron and east of Fourth Avenue extended to the River Hurou. The fifth ward shall embrace all that portion of the city lying northeast of the Huron River. The sixth ward .shall embrace all that portion of the city lying south of Huron street, and the line of Huron street as extended east to the city limita, aud east of State street and the Pittsfield road 01 State street as extended. The aforesaid divisions are made by the actual or supposed continuation of the center line of each of said división streets in the present direction thereof to the city lirnits Section 56. The justices of the peace in said city exercising civil jurisdiction shall be deemed justices of the peace of Washtenaw county and shall have all the powers. and jurisdiction given by the general laws of the state in relation to civil and criminal caaes before justices of the peace in townships, and appeals f rom their judgments and convictions may be made to the circuit court for the county of Washtenaw in the same manner as appeals from jnstices' judgments and conviction in towns are made ; Provided, that all action within the jurisdiction of justices of the peace may be commenced and prosecuted in said justices' courts when the plaintiff or defendant or one of the plajntiffs or defendants reside in the city of Ann Arbor in the township of Anu Arbor in any township next adjoining the township of Ann Arbor, or in any city or village fonned from any township next adjoining the township of Ann Arbor : Provided, That the township of Ypsilanti shall be deemed to be a township adjoining the township of Ann Arbor within the meaning Section 103. All fines, forfeitures and penalties imposed for the violation of any ordinance of said city, may, at the election of thecity attorney , be sued for in the name of the said corporation, before any court of competent jurisdiction, in an action of assumpsit for money had and received, and in declaring in such action it shall be deemed sufficient to refer to the ordinance claimed to have been violated, by its proper title and date of its passage. Whenever any such ordinance shall impose a fine without imprisonment, or a fine or imprisonment, or both a fine and imprisonment, action may be brought for the enforcement thereof, either under this section or under section number ninety-eight. But if under this section the said city shall be deemed to have waived all im prisonment of the defendant. The form of the actiou, writ, time of return and manner of service thereof, the pleadings and all proceedings in the cause, including final writ of execution and discharge thereof, shall be, and conform as near as may be, to the action of assumpsit now in common use for the collection oi debts and enforcement of contracts between party and party. Section 127. Whenever the common council shall be applied to in writing by ten or more freeholders of said city to lay out, establish, open, widen, alter, straighten, or discontinue any war, street, common, lane, alley, higliway or water course, or to build, establish or vacate any bridge, said common council, if they determine the proposed improvement advisable, shall give notice of the pendency of the question of ordering such proposed improvement to the owners, occupants, or persons interested, or his, her or their agent, or representative, by personal service, if they reside within said city : if they shall reside without said city, then said service shall be made by postiug up notices in five or more pubhc places in said city, which notice shall state the time and place when and where the common council will meet to consider the same, and shall desígnate to a common certainty the street, laue, common, alley, water course, or bridge proposed to be laid out, altered, opened, widened, established, discontinuad, vacáted, built or erected, which notice shall be posted at least ten days before the time of meeting. If after hearing the persons interested, the common council shall determine to lay out, alter, widen, or discontinue any such street, lane, alley, water course or build, e reet or vacate any such bridge, or other improvement, the}' shall proceed to obtain a release of the right ol way for such proposed street, lane, way or alley, and of the damages accruing, if any, to auy and all persons iajuriously efl'ected by such proposed improvement, by gift, compromise or purchase. If the common council shall be unable to agree with the persons interested, and thus acquire the right of way and release of damages, they shall so declare by resolution, whereupon the said city of Ann Arbor may by right proceed under the general laws of this state and acquire such right of way and settle such question of damages by condemnation. Section 130. The coinmon council shall have power to assess and levy a tax to pay the expense of niaking, grading, paving, opening, widening, and repairing streets, lanes and alleys, and for the construction of and putting curbstones, gutters'and culverts therein, of grading, paving, planking, building, repairing, and rebuilding sidewalks, draimng lowlauds, 'making, building and constructing draius, sewers and other local irnprovements, upon the lots, premises, lands and tenements in said city, which in the opinión of the common council are benefited by such local iniprovemcnt, or by a general tax, or part by local or special tax and part'by a general tax, as said common council may deem proper. Section 130a. Whenever the common couhcil shall order any local or public iinproyement, the cost of a part or the whole;thereof it is proposed to assess and levy on the lands, premises, and tenements whichj are benefiited thereby, they shall by resolution so declare, and determine what part, or the whole thereof, shall be levied and assessedupon the I ■ owners of the lande, premises and tene ■ ments deeined to be tlms .benefited an thereupon they shall by resolution fi and determine the district or portion o. . the 'city benefited and specity th 1 aniount to be assessed upon the owner and agida 8 1 the taxable real estáte situ ate tberein : Provided, that no such as, . sessmi'nt for the pavement of any stree i or alley shall be made or collected othe than by general tax, unless upon aj)jil catión in writing foï such pavemen signed by a majority of all the owners o the real estáte whichjmay be subject t assessment for such pavement. Section 130b. Af ter such determina tion the city clerk shall forthwith certi fy such resolution, so fixing th boundaries of such assessmen district, with the sum of money thus to be raised by special assessmer to the assessor of said city who sha without delay proceed to rnake a spec ial assessment roll in which hé shall se down all of the lands and tenements sil uated in said special assessment distric liable to taxation under the proper des criptions, and with the names of th owners or occupants thereof, also th true cash value of the same, and sha! assess to the owner or occupant of eac and against each parcel of land so lia ble to taxation, such a sum of money a shall in his opinión equal the benefit t such parcel from such public improve ment. Section 130c. That immediately afte such special assesment roll shall hav been completed, the said assessor shall having certified his doinga thereon, de liver the same to the city clerk, -wh shall number and entitle the same anc lay the same before the common coun cil at the next regular meeting thereof Section 130d. Whenever any such spe cial roll shall be presented to the com mon council, they shall at such meeting or at the next meeting fix and set a timt for the review of the same, which shal be at the council chamber at two o'cloc! in the afternoon, not less than fifteen days nor more than thirty days there from. The city clerk shall forthwitl cause notice of the time so fixed to b published in one of the newspapers in said city. Section 130e. At the time so fixed fo the review of said special roll, the com mon council shall meet at the counci chamber as a board of review, at whicl time, and at all other times to whicl the review of any such special assess ment roll may be adjourned, any person interested may appear and be heard in person, or by agent, or attorney, anc the common council, as such board o review shall have power and authoritj to review such special assessment roll to add to any tax thereon, or to reduce the same, and fully and fairly to equal i,e the taxes spread thereon, accordin; to the benefits coming to each parcel o: the same by such public improvements Section 130. That after the common council, sitting as such board of review shall have completed the review of any such special assessment roll, they shal so declare by resolution, whereupon a the next meeting of the common counci the city clerk shall report the proceed ings of the said board of review, to the common council, when the question shall be"shall the special assessment rol be confirmed," which shall determine in the affirmative only, by a majoritv vote of all the Aldermen elect. When auy such special assessment roll shal have been thus confirmed by the common council, it shall be final and conclusive, and shall from the date of such confirmation be and continue a lien upon the respective lots or pareéis of land assessed set down therein, and shall be a charge against person or persons to whorn assessed until paid. Section 130. After the confirmation of any such special assessment roll, it shall be the duty of the city clerk to certify the said assessment roll, together with the resolution of confirmation, to the city assessor who shall forthwith attach thereto his warrant directed to the city treasurer commanding him to collect from all, each and every of the persons assessed in said special assessment roll, the sum and amount of money assessed and and set opposite his name therein, and in case any person named in said special assessment roll shall neglect or refuse to pay his assessment on demand, then to levy and colleet the same by distress and sale of the goods and chattels of such person, and return such roll and warrant, together with his doings thereon, within sixty days from and" after the date of such warrant. And within ten days after the expiration of time abovenarned for the collection of such taxes the treasurer shall return a list of all such unpaid taxes to the common council, and the common council shall direct the. city assessor to carry into his next assessment rolls for State, county and school purposes all such delinquent taxes so returned, with a penalty of ten cents on each dollar of the sum total of taxes assessed to each particular description of land, and which special assessment, together with the a penalty, shall be carried out opposite to each such particular description of land in a column provded for that purpose, and all provisions of the law respecting the return and sale of property for the nonpayroent of taxes for state, county and township purposes shall apply to the return and sale of property for the next non-payment of any such special assessment. Provided, That at any time after a special assessment has become payable, the same may be collected by snit, in the name of the city, against the person assessed, in an action of assumpsit, in any ;ourt having jurisdiction of the amount. [n every such action a declaration upon ;he common counts for money paid, shall be sufficient. 'The special assessnent roll and a certified order or resolution confirming the same shall be prima facia evidence of theregularity of all the proceedings in making the assessment, and of the right of the city to recover judgment therefor. This act is ordered to take immediate effect. Approved March 28, A. D. 1891. An act to amend Section one, of an Act entitled "An Act to amend Sections one, two, fifty-six, sixtynine, one hundred and three, one hundred and twenty-seven and one hundred and thirty, of an Act entitled 'Au Act to incorpórate the city of Ann Arbor, revised the charter of said city, and repeal all conliicting acts relating thereto,' being Act No. 331, of the Session Laws of 1889, approved March 15th, 1889, and to add seven new sections thereto, to stand as section one dred and thirty A, one hundred and thirty B, one hundred and thirty C, one hundred and thirty D, one hundred and thirty E, one hundred aud thirty F, and one hundred and thirty G," approved March 28th, 1891. Section 1. The People of tlie State of Michigan enact, That Section 1 of an Act entitled "An Act to amend sections one, fifty-six, sixty-nine, one hundred and three, one hundred and twenty-seven, and one hundred and thirty, of an Act entitled 'An Act to incorpórate the city of Ann Arbor, revise the charter of said city and repeal all conflicting acts relating there to,' being Act No. 331 of the Session Laws of 1889, approved March 15th, 1889, and to add seven new sections thereto, to stand as sections one hundred and thirty A, one hundred and thirty B, one hundred and thirty C, one hundred and thirty D, one hundred and thirty E, one hundred thirty F, one hundred and thirty G," approved March 28th, 1891, be and the same is hereby amended so as to read as follows: Section 1. That so much of the township of Ann Arbor, in the county of Washtenaw, as is included in the following limits, to-wit: Beginning at ;he corner of sections twenty-nine, thirty, thirty-one and thirty-two of said township, thence north along the east line of section thirty to the east quarter post of section thirty, thence west on the east and west quarter line o the east half quarter post of said section thirty, thence north along the east half quarter line of said section thirty to the northwest corner of the east half of the northeast quarter of said section thirty, thence east along the north line of said section thirty, to the northeast corner of said section thirty, thence north along the line of section twelity to the northeast corner of the southeast quarter of the northeast quarter of section nineteen, thence east on the half quarter lines of sec;ions twenty and twenty-one of said township to the east half quarter stake of the northeast quarter of said ection twenty-one, thence south on ;he east half quarter line of section ;wenty-one to the north bank of the luron river, thence southeasterly along he east bank of the Huron river to he south line of highway crossing the iuron river on the north line of sec;ion twenty-eight, thence west along he south line of said highway to the ast half quarter line of section twentyeight, thence south along the east half quarter line to the east and west quarer line of said section twenty-eight, henee east along the east and west qaiarter line to the east quarter post of ection twenty-eight, thence south on he east line of sections twenty-eight nd thirty-three to the southeast corner of the northeast quarter of the outheast quarter of section thirtyhree, thence west along the half quar;er line to the west line of State street xtended south, thence north along he west line of State street to the ast quarter post of section thirty-two, henee west along the east and west uarter line of section thirty-two to ie east quarter post of section thirtyne, thence north along the east line of ection thirty-one to the place of begin ing, be, and the same is hereby set off rom said township, and declared to be city, by the name of the city of Ann .rbor, and the free men of said city, om time to time being inhabitants hereof shall be and continue to be a ody corporte and politie, by the name : "The City of Ann Arbor," and by ■ ïat name it shall be known in law, ; nd shall be capable of suing and ' ng sued, and of prosecuting and 1 ' i-.li-.-v nii riiT f r nu , 1 +1-1 AH w r i Kin-.i n 1 common seal which the common council raay alter at pleasure, and shall be capable of purchasing, holding, conveying and disposing of real and personal estáte for the use of said corporation. This Act is ordered to take inmiediate effect. Approved April lOth, A. D. 1891.