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Council Proceedings

Council Proceedings image Council Proceedings image
Parent Issue
Day
27
Month
May
Year
1891
Copyright
Public Domain
OCR Text

[official] Council Chambeb, ) Axs Aebok, May 18. I [Continued froru last weck.] AX ACT To aincnd sections onc, two, fiity-six, one humlred and three, one hundred and twenty-seven and one hundred and tliirty of an act entitled "Au Act to incorpórate the city of Aun Arbor, revise the charter of Baid city, and repeal all contiictiug acts relating thereto," being Act number three hundred and thirty - one of the Session Laws of one thousand eight hundred and eighty-nine ,approyed Marcli fifteenth, one thousand eight hundred and eighty-nine and to add geren new sectíona thereto, to stand as sections oiip hundred and tl.irty A, one hnndred and tliirty B", one hundrod and thirty C, one hundred and tliirty I), one inndred and thirty E, onc hundred and lirty F and one bandred and thirty G. iction 1. The people of the State of [icbigan enact, ïliat section one, two, t'ty-six, one hundred and three, one lundred and twenty-seven and one hunred and thirty f an act, entitled, "An et d) re-incorporate the city of Ann rbor, revise the charter of aid city, nd repeal all conflicting acts relating ïereto, being actNo. three liundre.l and ïirty-one of the Session Laws of oue lousand eijrht hundred and eightyine, approved Marchlitteen, one thouaïul eight lnmdred and eighty-uine, be ld the same are hereby ameuded s) as o read as hereinafter setforth, aud that even new secttons be adtïed thereto, to and as sections one hundred and thiry A, one hundred and thirty B, oue undred and thirty C, one hundred and ïirty D, one hundred and thirty E, one ïundred and thirty F, and one hundred nd thirty G, as follows: Section 1. :iiat so much of the townslvip of Ann Arbor, in the county of Washtenaw, as included in the following llmits, to it : Beginniug at the corner of sections wenty-nine, thirty, thirty-ooe and iirty-two 01 saui lowusmp, uiem-e orth along the east line of section lirty to the east qaarter post oi section lirty, thence west on the east anl west uarter line to the east half q,uarter ost of said section thirty, thence nprtta dong the east half quarter line oL said ection thirty, to the northwest corner f the east half of the northeast quarter L said section thirty, thence east along he north line of said section thirty to [ie northeast corner of said section liirtyr thence north along the iiae of ection twenty to the northeast corner f the üoutheast luarteEof the sotitheast uarter of section nineteen, thence easl n the half quarter lines of sectie n wenty and of said towaahip to the east half "quarter stakfc of the northeast quarter of said section twentyone, tbence south on the east hali quarter line of section twenty-one to the north bank of Huron River, thence south easterly along the east bank of the Huron River to the south line oí vay crossiug the Hurón River on the S'orth line of section twenty-eight, henee west along the south line of said ligbway to the east half quarter line of section twenty-eight, thence south along the east half quarter line to the east and west quarter line oí said sectie twentylight, thence east along the east and west quarter line to the east quarter part of section twenty-eight, thence south onthe east line of sections twentyeight and thirty-three to the southeast córner of the northeast quarter of the southeast quarter of section thirty-three thence west along the north half qoar ter line to the west line of State stree extended south, thence north along the west line of State street to the east quar ter post of seetion thirty-two, thence west along 1 1 1 r cast and west quarte line of section thirty-two, to the eaa quarter post of section thirty-one, thenc north fllOng tlie east line of section thii ty-one to the place oí beginning; be ani the same is hereby set off from saii township, and declared to be a city , I. the name of the city of Ann Arbor: Am tin' Ereemen oi B_aid cuy, from time to time being inhabitants thereof, símil be and continue to be a body corporal and politie, by the name of "the city Ajan Ajrbor," and by that name it ahall be known 'va law, and símil be capable of suinii and being Bued end i proeecutinganddefendingall suits : and theymay liavc a common sea!, which the mem council niiiy alter at pleasure and sliall lie capable of purchasing, holding, eonveying and disposing of real and personal estáte for the use of saiil corporaation. Seetion 2. The city sliall be divided into six wards, a.s folio ws: the first ward shall embrace all that part, of the city lying south of Huron street, east of Main street and the Ann Arbor and Lodi plank road, west of State street and the Pittsfleld road, or State street as continued. The secoud ward shall embrace all that portion of the city lying ing south of Huron street and the Dexter road and west of Maiu street and the Ann Arbor and Lodi plank ruad. The third ward sliall embrace all that portion of the city lying north of Huron street and the Dexter ruad, and west of Fourth Avenue and the line of Fourth Avenue as extended to the River Huron. The fourth ward shall embrace all that portion of the city lying north of Huron street and the line of Huren Street as extended to the city lhnits and south of the River Huron and east of Fourth Avenue extended to the River Huron. The rifth ward shall embrace all that portion of the city lying northeast of the Iluron 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 limits, and east of State street and the Pittsfield road or State street as extended. The aforesaid divisions are made bv the actual or supnosed uation óf the center line of each of said división streets in the present direction thereof to the city limits. Section 56. Thé justiees of thepeaee in said city exercising civil jurisdiction sliall 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 cases before justices of the peace in townships, and appeals from their judgments and convictions may be made to the circuit court for the county of Washtenaw in the sanie manner as appeals from jnstiees' judgmenta and conviction in towns are made ; Provided, that all action witbinthejarisdiction of justices of the peace inay be eommenced nul prosecuted in said justices' courts when the plaintift' or defendtrnt or one oi the pl&intiffs or defendants reside in the city of Aon Arbor in the township of Ann Arbor in any townghip next adjoining the townehip of Ann Arbor, or in any city or villaje formed from any township next adjonaing the township of Aun Arbor: Provided, That ie township of Ypsilanti shall te deem1 to be a township adioining the townïip of Ann Arbor witbin the meaniug : this act. Section 103. All fines, forfeitures anl lenalties imposed for the violation o! iy ordinsBce of said city, may, at the ectionof thecityattorney, besued for in ie name of the said Corporation, before ny court of competent jurisdiction, in n action of assumpsitfor nmney had and eceived, and ia declaiing in roch ction it shall he deemed sufflcient to efer to the ordinance claimed to have )een vioiated, by 'tía i)n])cr title and ate of its passage. Wheuever any sch rdinauce shall irnpose a hne without nprisonnent, or a line or impriaoníent, or both a fine aud imprisonment, etion ruay be brought for the enforeenent thereof, eitlier under this section r under section nnniber ninety-cight. ut if under this section the Baid itv hall be deesaed to have waived all in - risonrnent of the defendant. The ferm f the actioo, writ, time of return and nanner of service thereof, the pleadinee ml all proeeedings in the cause, incladig final wiitof executkm and discharge lereof, shall be, and conform as near s may be, to the actioo of assumpgit ow in coiiMoon use for the collecticn of ebts and enforcement of contracta beween party and party. Section 127. Wnenevw the comsnon ouncil shall be applied to in writing by en or more freeholdess of said ciiy to ay out, establish, open, widen, alter, traighten, or discontinue anv way, treet, couimon, laue, alley, higiivsay or water course,. or to build, establvsH or acate any bridge, Baid common counil, if they determine the propoaed imrovemeiit advisalde, shall give uotice f the pendency of the question oí orderng Buch proposed impiovement to the owners, occupants, or persons interested, or hisr her or their agent, or repreentative, by personal service, if they reside withiu said city : if they shall reside without said city, Uien said service shall je made by postiug up notices in five or nore public places m said city, wlmli notice shall the time and place when and where the comroon council will meet to consider the same, anti shall desígnate to a commoii certainty ,he street, lane, common, alley, water course, or bridge proposed to be laid out, altered, opened, widened, estab;ished, disconüuued, vacated, 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, erect or vacate any such bridge, or otherimprovement, they shall proceed to obtaiu a release of the right oí way for such proposed street, lane, way dr alley, and of the damages accruing, if any, to any and all persons injuriuusly eft'ected by such proposed improvement, by gift, compromise or purchase. If the common council shall be unable to agree witli the persons interested, and thus acquire the right of way and release of damages, they shall so declare oy rcsomtion, wnereupon un: said cityof Ann Arbor niay by rightproceed under the genera] laws of tliis state and acquire sucli riglit of way and gettle Buch nuestion of dauiages by coudemnation. Section 130. Thö common council shall have power to assess and levy a tax to Contlnued m third pagt . Kiv the expense of making, grading, paving, opening, widening, and repairing streets, lanes and alleys, and forthe construction of and putting curbstones, glitters aml culverts tlicrcin, of grading, paving, planking, building, repairina, nul rebuilding sidewalks, draimng lowlands, making, building and constructng drains, sewers and other local improvements, apon the lots, premises, lands aud tenementa in said city, which in tbc opinión of the common council are beneflted by such local improvement, or by a general tax, or part by local or special tax aml part by a general tax, is said common council may deern proper. Section 100a. Whcnever the common council Bhall order any local or public improvexnent, the cost of a part or the whole tbereof it is proposed to assess and levy on the lands, premises, and teneinciits whichj are benefiited thereby, they sliall by resolution ho declare, and determine wiiat part, or the whole tlieroof, slüill be levied and assqssed apon the owners of the lands, premises and tenements deemed to be thus beneflted and thereupon they shall by resolution tix and determine the district or portion of the üeity beneflted and speeify the ainounl tobe assessed upon the owners and against the taxable real estáte sitúate therein: Provided, that no such asBessmenl for the pavemenl of any streel oralley shall be made or collected other than by genera] tax. unless upon application in writing for snch parement, signed by a majority of all the owners ii the real estáte wliichjmay be subject to assessnient for such pavement. Section L306. Aiter such determination the city clerk shall forthwith certify such resolution, so flxing the boundaries of such assessment district, with the sum oí money thus to be raised by special assessment to the assessor of said city who sliall without delay proceed to niake a special assessment roll in which he sliall set down all of the lands and tenements situated in said special asscssnient district liable to taxation under the proper descriptions, and with the nafnes of the owners or occupanta thereof, also the truc cash valuc of the same, and shall assess to the owner oroccupant of each and against each parcei of land so liable to taxation, such a 8Uin of money as shall in his opinión equal the benefit to Buch parcei trom such public improvement. Section 130c. That immediately after sueh special assesnient roll shall have been completed, the said assessor sliall, having certifled his doings thereon, deliver the saine to the city clerk, who shall number and entiíle the same and lay the same before tl.e common council at the next recular : .-etintí thereof. Section l'ÓOd. W ni' r any such special roll shall be prese ■ d to the common council, they bhall ... snch meeting, or at the next meeting .. ■ and set a time lor the review ot the same, which shall be at the council chamberat twoo'clock in the ufternoon, not less tlian fifteen days nor more than thirty days therefroin. The city clerk shall forthvvith canse notice of the time so iixed to be published in one of the newspapers in said city. Section I30e. At tlie time so iixed for the review of said special roll, the torninon council shall meet at the couucil chamber as a board of review, at which time, and at all otlier times to which the review of auy such special assessment roll may be adjourned, any person interested may appear and l)e heard in person, or by afjent, or attorney, and the common councií, as such board of review shall have power and authority to review such special assessment roli, to add to any tax thereon, or to reduce the same, and fully and fairly to equalize the taxea spread thereon, accordini; to the beneflts coming to each parcel of the same by such public improvements. Section 130. That after tlie common council, sittiug as such board of review, shall have completad the review of any BUCh special assessment roll, tlicy shall so declare by resolution, whereupon at the next meeting of the common council the citv clerk shall renort the ings of the said board of review, to the eommon council, when the question shall be' 'shall the special assessmeut roll beconfirmed," which .shall Jetermine in the affirmative only, by a majority vote of all the Aldermen elect. When any such Bpecial assessment roll shall have been thus eonfirmed by the oommon council, it shall be final and conclusive, and shall from the date of sueh eonfirmation be and continue a lien upon the respective Iota or pareéis of land assessed set down therein, and shall be a charge against jerson or persons to whom assessed until paid. Seetion 13O7. After the conflrmation 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 eonfirmation, to the city assessor who shall forthwith attach ttiereto bis warrant directed to the city treasurer eomiuauding him to collect from all, each and every of the persons assessed in said special assessment roll, the sumandamount of money assessod and and set opposite bis name therein, and in case any persoB named in said special assessment roll shall oeglect nr rct'use to pay bis assessment on demand, then to levy and collect the same by distress and sale oí the goods and chattels oí such person, and return such roll and warrant, together with bis doings thereon, within sixty days from and after the date of such warrant. And within ten days after the expiration of time " abovenamed for the collectiou of such taxes the treasurer shall return a list of all such unpaid taxes to the cotniimn council, and the eommon council shall direct the city assessor to carry intn 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 oí taxes assessed to each particular description of land, and which special assessmeut, together with the a penalty, shall be carried out opposite to each such particular description of land in a column provdedforthat purpose, and all provis-ions of the law respecting the return and sale of propertv for the payuient of taxes tor state, county and township purposea shall apply totbe return and sale ot' property for the next non-payinent of any sucli special assessment. Proyided, Thatat any time after a special assessment has becoine 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 court having jurisdiction of the amount. In everv sucb actíon :i declaration apon the common counts for money paid, shall be sufiScient. The special asseasment rol] anda certifled order or resolution conflrming the same shall be prima facia evidence of theregularity ot all the proceedinss in making the nii'iit, and of the right of the city to recovor judgmenl therefor. jhis 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 unend Sections one, two, fifty-six, sixtynine, one hundred and three, (ine hundred and twen ty-se ven and one h umi red and thirty, of an Act entitled 'Au Act to incorpórate the city of Ann Arbor, reviscd the charter of said city, and repeal all conllicting acts relating thereto,' being Act Xo. 331, of the Session Laws of 1889, approved March 15th, 1889, and to add seven nevv sections thereto, to stand as section one hundred and thirty A, one hundred and thirty IJ, 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," approved March 28th, 1891. Sectiox 1. The People of the State of Michigan enact, Tbat Section 1 ot' an Act entitled "An Act to amend sections one, öfty-six, sixty-nine. one hundred and three, one hundred and twenty-seven, and one hundred and thirty, of an Act entitled 'An -Vet to incorpórate the city of Ann Arbor, revise the charter of said city and repeal all conflicting acts relating there to,' being Act No. ■:;i of the Session Laws ot' 1889, approved March L6th, 188'J, and to add seven new sections thereto, to stand as sections one hundred and thirty A, one hundred and thirty IJ, one hundred and thirty C, one hundred and thirty 1), one hundred and thirty E, one hundred thirty F, one hundred and thirty G," approved Marcli 28th, 1891, be" and the same is hereby umended so a3 to read as follows: Section 1. That so rnuch of the township of Ann Arbor, in the county of Washtenaw, as is included in the following limits, to-wit: Beginning at the corner of sections twenty-mne, thirty, thirty-one and thirty-two of said township, thence north along tlie east line of section thirty to the east juarter post of section thirty, thence west on me east ana west quarter line to 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 nortbeast 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 twenty to the northeast come of the southeast quarter of the northeast quarter of section nineteen, thence east ou the half quarter lines of sections twenty and twenty-one of said township to the east half quarter take of the northeast quarter of said section twenty-one, thence south on the east half quarter line of section twenty-one to the north bank of the Iluron river, thence southeasterly along the east bank of the Iluron river to the south line of highway crossing the liuron river on the north line of section twenty-eight, thence west along the south line of said highway to the east half quarter line of section twentyeight, thence south along the east half quarter line to the east and west quarter line of said section twenty-eight, thence east along the east and west quarter line to the east quarter post of section twenty-eight, thence south on the east line of sections twenty-eight and thirty-three to the southeast corner of the northeast quarter of the southeast quarter of section thirtythree, thence west along the 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 quartei line of section thirty-two to the east quarter post of section thirtyone, thence north alongtheeast line of section thirty-one to the place of begin ■ ning, be, and the same is hereby set off f rom said township, and declared to be a city, by the name of the city of Ann Aibor, and the tree men of said city from time to time being inhabitants thereof shall be and continue to be a body corporte and politie, by the name of "The City of Ann Arbor," and by that name it shall be knownin law, and shall be capable of suing and being sued, and of prosecuting and defending all suits, and they may have a common seal which the common council may alter at pleasure, and shall be capable of purenasing, holding, conveying and disposing of real and personal estáte for the use of said corporation. This Act is ordered to take immediate effect. Approveil April lOth, A. D. 1891.

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