Lateral Sewer Ordinance

Section 1 Thereshiill be eons'iucted within the City of Anti Aroov a system of latera] and connectintf sewerB. in coniunctlon with the main Kewer, accorning to the plans and map tli reof mads br ChariPS I' Greene mul modilied iiv tiic Common Cquncll; Prttvided, however. that ihe Commnn Counoil shall luive power;and authorlty tochange ;ml modlfythe Eaid plans. Sec. 2. Lateral sewers shall be rteemed to consistof the entr 1 ewi ■;- pipt and extensions thereof to the curbst.ne on slde of the stieet, lane, alley or public place, throntrh and along nrhicu the said lttterai sewer muy lie constrHOted. Sub-lateral sewera shall be coneldered and deemed to conbist of laterals extending from tl' principal luteral in and tnto side or intevst-ctiiiK streets and tour near unto the '-(Mtinof the blocks t'rODting or ahnttlng t he s1 reets, in which (lir principal lateral is or maj be constructed, andshall he deemed a part and parcel of theprinclp I Interal Oonuéottag sewers shall he deemed to consist of the séwer pipe, and house connections from the L.iiiUHnï to the lateral at ihe curbstoue. Wñerever the word stn-et is used in iliis Oidinance or in any resolui on, order or direction forthe constructioii of any lateral sewer, i shall be deemed and understood to embrace streets, avenues, lanes, alleys, parks, and other public grounds, thé same as thougli namedTspeciflcally hereln, or ia any sueh or der, resoltitioti or direciion. SüO. 3. Lateral sewers and all proceedings relatlng tberoto sball lm designated by consecutive numbers in the order of the date of the passage of the resolulioa requirins conBtructïon BEO. 4. The main, lateral, sub-luteral and all public sewers shall be In the charsre and uu der tbe control of the Honra of Public Works, or such otlier board or persons assliall or mny be autborlzed by law and itshall be thoduty of tho lioard of Public Works or such other person, to inspect, properly and suitably protect, and muintain all of the pul lic 3Cwers now or bereaftep oonstraeted wlthin t)ie limits of the city, and no person, flrm or oorporation shall make eonnection wlili any of saiö sewers, excerxt by leave of and under the supervisión of the Board of Public Works, and the Baid Board of Public Works is hereby authorlzed and empowered toordaln and establish suitable rules, orders and regulations to be approved by the Common t'ouneil, for tbe construction, preservation, aud matntainance of the main, all lateral and counectin,iisewerrt and house conneotions therewith, and to flx and determine the snm of moai'y to be paid for connections wit!) main sewer when the main sewer is. by authority of the (oinmon C'oune 1, anthorized to be use"d as a lateral sewer. Skc. ö. Whenever the Common Oouncil shall deem it expedient to order the eonstruction of any lateral sewer, the said Common Couneil shall so declare by resolution, naming the street in and aloag wnlcb it is proposed to construct the same, trhereupon it shall be the duty of the City Englneer to cause all necdful surveys and measurements to be made, and report to the Common Conncil the starting point, direction, and the place where any euch lateral sevver will couneet with the main sewer, the size and kinds of sewer pipe required, a ful], complete, and delailed estímate of the cost thereof, showinfr the cost of the street crossings separatelj', together with a map oí CDe route tnereor, snowing among otber thins all of the lands, lots or parts oi lots frontiñg on or adjacent to the same. Sec. 6. In estlmating and fixing the cost of lateral sewers, sub-laterals and the streot crossings thereof, the City Enjfineer shall estímate the coat or street crossins at the cost and expense of the sewer pipe laid; and all holes and other extras, although the same shall or may be laid at the ero.ssinj; of two or more streets, shall nevertbeless be deemed to be a charge on the special assessment district as a part of the principal and sub lateral sewer. Sec. 7. Every such resolution and report of the City Enjiineer símil be referred to a committee of Ibe i'ommon Council, whieh shall make due inquiry re:ating thereto, and after hearins all persons Intereoted therein, appearinff and desiring: to be heard, 6hall make a report therec n to the Cornmon Council, and the Common Council shall, if the COnatrueUoa of any such lateral sewer shall still be deemed expcdient, order and direct the Board of l"jblic Works to cause any such lateral sewer to be cönstructed and shall fix and determine the district tP be assessed and chartrctl with the cost and expense of the constructio i of the sanie, exceptlng Btreet-crosslögs only, mm-u slum ue a cmire on ana agrainst tne general sewer fund, and which rcsolution of the Common Couneil shall be certifled to the Board of Public Works and to the City Assessor respectively. Sec 8. That af ter the certiflcation of any such resolutioa to the ( 'üy Assessor, the City Assessor shall without delay. proceed to make flll out and complete a special assessment roll, wherein and whereonhe shall set down alphabeiieally arranfred, the namss of uil the owners or oecupants of the land eontained within any sueh special assessment district and all of the lands sitúate therein, well and sufliciently described, and shall estímate and determine the value of each parcel thereof without eönsidermg any of the improvements erected thereon other than as such improvement topether with adjacent improvement mayor shall have inereased ir rlminfuiirl the valué oí such latida. All such land to be estimated at its true cash value; that after the completion of any such special assessmeat roll, the said City Assessor shall attaoh his certifícate thereto and certify the said assessment roll to the Commou Couneil, whereupon the Cornmon Couneil shall fix and appoint a time, when siltinpr as a Board of Keview, the said assossment roll shall be reviewed and the said Commou Couneil shall trive at least seven days' DOtloe thereof by publlcation ia the official newspaDer of' the city The Commou Couneil on the day and at the time mentioned in any such noticu shall meet at the Couneil Chiimber. sittins as a Itoard of Heview, and shall proceed without adiournment to review any such special assessment ruu. me Luuiuiuu iuuiiun sjtnnf as such Board of Review shall have power and authprltv to chance any deseription of land contained therein, and the estímate of value thereof, to add thereto lande omitted theretrom, and place a just estímate upon the valueof the same, and to do and perform any other act or tbinjr whatever iu and a bout any such special assessment roll, to the end that every such special assessment rol! sbal be made just, true, and fair: that any person interested therein may be hcard in person by his agent or attorney, and all raatters of cotnplaint sliall bc duly considered, and af ter any Buch special assvssmcnt roll shall have been duly considered, ihe Uoard of Keview shall approve or reject ihe same, and ehall certify their determination to the Common Council and the Conimon Council, at the then or the next session, shall confirm aav such special assessment roll so approved by the Board of Review, and shall order the sum or sums of money flxed and determined upoa as theestimated cos: of any such lateral sewer, street-crossinss excepted, to be assessed anti spread upon any such special assessment roll and on atid upon each and every of the regular animal assessment rolls of the city for the year in and during which aoy such special assessmeot shall Or may be Dayable, and lew and assess against the owners or occupauts of thelands set down thereiu, and shall levy and assees the said sum or sums of money on, upon and against the lands set down in and valued npon any such special assessment roll and smul certlfy the said special assessment roll aud order and resolution of assessment to the City Assessor. Sec. 9. Afti-r any siicli Assessment Koll and order of Assessmeni sliull have been certlfled to the City Assessor the City Assessor shall without delay proceed to apread the sum or sums of money mentionedlu anysueh order of Assessment upon any such assessincnt roll, and assess the same against the persons therein namod and asainst the lands mentioned thèreln according to the ostimated ralue thereof, as determined by the Board of Review, and thereafter shaÖ makt) a true copy ttereof and certlfy the said assessment roll to the City Treasurer, wIid shall have and retain custody of the hamo, mu trie taxes so spread on and assessed upan any sucb assessment roll and levied againsl the lands descrlbed therein shall beand remain a valid tax and charge agalnst the owner and agalnst lands mentionod therein untll pald. The said taxes sliall become due and be payable in fourequal annual installments: the first installment in the month of July álong wlth the other City taxos next after any such assessment roU shall have. been cohflrmed and annually thereafter until fully pald. All of the said ta.xese shall draw annual interest from the date of conflimation of any siu-li assossment roll at the rate of Hvt per cent per annum unr.il paid. Any person agalnst whom any such tax shall have been assessed shall have leave and be at liberty to pay the same at any one payment at any time after any sueh assessment roll shall have been certitied to the City Treasurer, wilh interest from the date of confirmation only. The City Assessor shall retaln a copy of each assessment roll in hls office Sec. 10. That on the third .Monday in June m each and every year in whlch any such lateral Bèwer tax shall remain unpaid and be due and payable, the City Treasurer shall procéèd to the City Assessor's office and together wlth the City Assessor shall stamp or mark "PAID" on the copy of every such assessment roll all of the paid lateral sewer taxes due and payable In and during the then current year, and the said City Treasurer Bball report all unpaid lateral aewertax i hen due and payable, and the Common Council Bhall on the fourth Monday of June in each year certlfy-to the City Assessor, alongwltl i ln other city taxea to be assessed, ill unpak and payable lateral sewer taxea and al money iVijnired to be ra i-fl tor the const ruc i ion of all lateral sewers, for the thea curren i year and also in a general way a descrtptloi of the hmds by reference to the numbero tbe lateral sewer district to be taxed thereior, and the City Assessor shall thereupon spread apon the genera] city tax rol] of tnal year, all sucli suma of money so remalnlng unpaidand payable, and so requlred to l ralsed for the construction oï any sir-Ii latera] sewers All such sewer taxea to b carrled out and entered iti a separate column on said general t.p: roll wlth the Interest tbereon ;h aforesaid the tax In one column and the Interest thereon in uiiother column. The (seneral Olty tax roll to be properlv ruled and printed for that purpose, anl such columna to be entitled respectirely, "Laterai Seweb Tax" and "Interest on Lateral 8eweB Tax." And the sum or suma of money so -ei down iread upon any such general Oity tax roll, shall In1, remaln and continue a valid debt, demand and la v asainsl the person and a valid tax on and against the lands so assessed as aforesald, untll fully pald and shall be certifled to the City Treasurer and collected in the same manner in i-wrx ticular as the other taxes set down and spread i)oí] -iich general tas roll are, shall oí1 ina.v be collected. Sec 11. All lands sitúate within any such special assessineni distrid without regard to the purpose or use forwhieti the same are, havo heen or may be devoted, excepting only lands belonging to the State, County or City, and exceptlng also such lands as shall or znay hare been exempted from lateral sewer tax on accouni of construction of the main sewer sliall be and shall remain and be l:i ble to he assessed and'taxed for and --huil conbributesto the expense of the -u:i-,i ruction of Lal era I sewers. Sec. 12. After any such resolution of determlnatión to construct any Lateral sewer shall been certifled i" the Board of Public Works, the Board of Public Works shall proeoed without delay to obtain uil necessary Information, maps, estlmates, plftns andspec[fications f or the const ruction of such lateral sewer, and shall advertise for tenders for i lic construction thereof, anti shall contract theref or with the lpwest responsible bidder, whoshnll rive reasonable security for the Caithful performance of his contract. The oontractor shall (o all the work and furnisb all the material and all cont racts shall contain pt-ovisions requiring suoh lateral sewers to be constructed of first-chiss material and workmanship, and under the direction and lo the satisfactioii of the Board of Public WOiks and shall renuire all work to le completed at a specihed time and without unreasonable delay. All contracts and bonds for the faithful performance theivof shall be reported to the Common Council for confirmation and approval. Sec 13. After the final determina tlon of the Common Council to cause any such lateral sewer to be constructed, and after tlie Board of Public Works shall have concluded a contract for the construction thereof, the Mayor and City Clerk shall execute under tlieir hands and the seal of the city, Bonds of the City of Aun Arbor, payable to bearer infourequal annual installments, annually on or before the fi rst day of Maren thereafter, with interest at the rate of five per cent. per annum. payable annually in a sum or sums equal in amount to the estimated cost of the construction of any such lateral sewer, street-erossinirs excepted All such bonds shall be known as Lateral Sewer Bonds and le issued In series, conforming to the numberof the lateral sewer on account of which any .such bonds shall have been issued and the City Clerk shall deliver the same to the City Treasurer, but no morethan forty thousand dollars in amount of any such bonds shall be outstanding at any one time. Sec. 14. Whenever any such bonds shall have been delivered to the City Treasurer, he shall without delay proceed to sell the same for the best price obtainable, but none of said bonds shall be sold for loss than the face value thereof. Sr.c. 15. The City Treasurer shall keep si riet account of all the moneys so received on the sale of such bonds, and each of the said lateral sewers shall have in the Treasurer's account a separate fund devoted thereto, and all the moneys obtained on the sale of bonds shall be applied tothe payment i of the COSt and expense of the construct ion of tliu particular lateral sewer for which i he same was issued, a nd i II taxes paid on account thereof shall be devoted and applied to tlio pnyment of such latera] sewer bonds, and if there shall be any surplus moneys arislnff on the construction of any such lateral sewer, the same shall be applied to the payment of such lateral .sewer bonds and to the refunding of a per cent. of all such lateral sewer laxes wldch may have been paid in full. equal to the per cent. of any such surplus, and a sum of money equal to the per cent. of any such surplus shall be remltted and deducted from the last lnstallment of any such tax thereafter to be paid and colleeted, and if there shall be a deticiency, that s to say, if the estimated cost shall prove to :e less than the actual cost then an addi. ional assessment shall be levied and colected to niake good and cover any such deticiency. Sec. 16. It shall be the duty of, and the owner of each and every inhabited house or luilding, situated on or within any such lateral sewer district shall, in accordance with the rules and regulations and under the supervisión oí me isoara oí fuuiic Works, eonnect any such inhabited building with the said sewer system, witliin six montha from the date of the full completion Of such lateral sewer In front of the lands upon which any such inhabited building shall be situated, and it ahall be the like duty of the occupant of any such inhabited building in Hke manncr to make, buiid and construct any such sewer connections ut the cost and expense of t lie owner, within and lurlngthe perlod of three months as aforeaid, and every sm-li owner, who shall neglect for any reason fail to make, build and ■onstruct any sucli sewer connection within he time aforesald. shall forfeit the suiti of md be Hable to a penalty of one dollar for each and every day thereafter during the ontmuance of such default, said penalty 101 lo exceed one hundred dollars, to be sued or and collected n like manner as other orfeitures and penaltlesare coliected, under nl in pursuance of thc charter of tlic City )f Aun Arte and tile laws of the State of ilichigan. rhis ordlnance shall take effect and be Ín forcé from and after the sixth davof June A. I) IMI4 Passed in Common Council tliis 21st dav of May, A. D. 1894. Approved May 23. 1X94. n.j. iiiiijbhK, Jlaviir. City Clerk.