hi





CHARTER
is ,-, '<' 3
OF THE
City- of Ann Arbor,
MICHIGAN.


CITY OFFICERS.
MAYOR,
BRADLEY M. THOMPSON.
CiTY CLERK,
WILLIAM J. MILLER,
ASSESSOR,
PATRICK O'HEARN.
JUSTiCES OF THE PEACE.
ELIHU B. POND, JOHN W. BENNETT.
THE COMMON COUNCIL.
PRESiDENT,
WILLIAM W. WATTS.
First Ward,
D. FREDERICK SCHAIRER, CHAS. W. WAGNER.
Second Ward,
WILLIAM HERZ, CHRISTIAN MARTIN.
i Third Ward.
WILLIAM Q. SNOW, FRANK WOOD.
Fourth Ward,
JOHN O'MARA, ALVAH P. FERGUSON.
Fifth Ward,
WALTER L. TAYLOR, CHARLES H. MANLY.
Sixth Ward,
HORACE G. PRETTYMAN, ARTHUR J. KITSON.
BOARD OF PUBLiC WORKS,
THOMAS J. KEECH, President.
JACOB F. SCHUH, WrILLIAM H. McINTYRE.
BOARD OF FiRE COJiJiiSSiOXERS.
MOSES SEA BOLT, President.
TITUS F. HUTZEL, JAMES E. HARKINS.
BOARD OF HEALTH.
ELI W. MOORE, President.
DR. JOHN KAPP, Health Officer. MARTIN CLARK, Inspector.
BOARD OF Bl iLDIXG INSPECTORS.
GOTTLOB LUICK, HERMAN KRAPF,
WARREN E. WALKER.
APPOiNTIVE CITY OFFICERS.
City Attorney, - E. B. Norris.
City Treasurer, ------- Geo. H. Pond.
Chief of Police, ------ James K. Mi rrat.
Chief of Fire Department, ----- Fred Sipi.ey.
Street Commissioner, - - - - Nelson Sutherland.
City Engineer, ------- George F. Key
City Physician, ------ Dr. e. A. Clark.
Poor Master, ------- Fred Sipley.
SUPERViSORS.
First Ward, ------- John R. Miner.
Second Ward, ------ Eugene Oesterlin.
Third Ward, ------- Robert Shannon.
Fourth Ward, ------- Uf.o. H. Pond.
Fifth Ward, ------- Thomas Speechly.
Sixth Ward, ------- Evart H. Scott.


TABLE OF CONTENTS.
PAGE.
Incorporation of Boundaries, 5
Electors and Registration, 7
Elections, 10
Officers, 15
Qualifications, Oath, Official Bonds, 16
Vacancies in Office, 18
Duties of Officers—The Mayor, 20
Aldermen, - 20
City Clerk, 21
Justices of the Peace, • 23
. Assessor, 2-1
Supervisors, 24
Constables, 26
Chief of Police, 25
City Treasurer, 27
City Attorney, 29
Compensation of Officers, 30
The Common Council, 31
General Powers of the Common Council, 37
Ordinances, 45
Enforcement of Ordinances, 48
. Police, 53
Cemeteries, 55
Pounds, 56
Sewers, Drains, and Watercourses, 57
Streets, Sidewalks, and Public Improvements, 59
Board of Public Works, 69
Fire Department, 76
The Public Health, 82
Finance and Taxation, 86
Miscellaneous, 95
The present charter of the city was first prepared by a committee of the
Common Council of 1888, consisting of Mayor Beakes, Aids. Wines, Almen-
dinger, Kearns and City Attorney King, revised and corrected by Elihu B,
Pond, employed by the Council tocorrect phraseology, and by the above com-
mittee associated with the following committee of business men: A. L.
Noble, Frederick Schmid, Moses Seabolt, E, K. Frueauff and H. J. Brown
It is printed by authority of the Common Council.
May, 1889.


CHARTER
OF THE
City uv Ann Arbor.
AN ACT to reincorporate the City of Ann Arbor, revise the Charter of said
City, and repeal all conflicting Acts relating thereto.
INCORPORATION AND BOUNDARIES.
Section 1. The People of the State of Michigan
enact, That so much of the township of Ann Arbor, in the
county of Washtenaw, as is included in the following lim-
its, to-wit: The south three-fourths of section number
twenty, the south three-fourths of the west three-fourths
of section number twenty-one, the west three-fourths of
section number twenty-eight, entire section number
twenty-nine, the north half of section number thirty-two,'
and the west three-fourths of the north half of section
number thirty-three, in township two south, of range six
east, and also so much of the east half of the south east
quarter of section number twenty one, and the east half of
the northeast quarter of section number twenty-eight, as
lies west of the easterly bank of the Huron river, and
north of the south line of the territorial road, crossing said
river on or near the line between said sections, be and the
same is hereby set olf from said township, and declared to
be a city, by the name of the city of Ann Arbor; and the
freemen of said city from time to time being inhabitants
thereof, shall be and continue to be a body corporate and


6
CHARTER OF THE
politic, 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 defending
all suits; they may have a common seal, which the com-
mon council may alter at pleasure, and shall be capable of
purchasing, holding, conveying and disposing of real and
personal estate for the use of said corporation.
Section 2. The city shall be divided into six wards,
as follows: 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, and west of
State street and the Pittsfield road, or State street as con-
tinued; the second ward shall embrace all that portion of
the city lying south of Huron street and west of Main
street, and the Ann Arbor and Lodi plank road; the third
ward shall embrace all that portion of the city lying north
of Huron street south of the river Huron, and west of
Fourth street extending to the river Huron; the Fourth
ward shall embrace all that portion of the city lying north
of Huron street and of the line of Huron street as ex-
tended to the city limits, and south of the river Huron,
and east of Fourth street; 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 limits, and east of State
street, and the Pittsfield road, or State street as extended.
The aforesaid divisions are made by the actual or sup-
posed continuation of the center line of each of said divi-
sion streets in the present direction thereof to the city
limits.
Section 3. The common council shall have power,
Section 1. The city may take personal property in trust for all pur-
poses in keeping with or in furtherance of the real and final objects meant
to be accomplished by its creation. This is true even if there is a present
lack of power in the corporation to fitly administer the trust, since the
legislature may confer such power: Hathaway vs. Sackett, 32 Mich., 97.


CITY OF ANN ARBOR.
7
by ordinance duly past, to divide any ward which shall
have polled more than six hundred votes at the last pre-
ceding general election, into polling precincts, which pre-
cincts shall be as nearly "equal as possible in point of popu-
lation, and the common council shall have the power to
provide for separate re-registration for each polling pre-
cinct when any such precinct shall be created, and the
registration of electors for all elections shall be conducted
in each precinct as nearly as possible as the elections are
conducted in the several wards, and no voter shall vote in
other than the precinct in which he shall reside. The
common council shall also provide registration books for
any ward that shall be so divided—one for each precinct—
and the board of registration shall be as constituted by
this act, but each voter's name shall be registered in the
book provided for the precinct in which he resides. The
returns of the elections in precincts shall be made
and canvassed in the same manner as in wards, and the
word precinct in elections shall, to all intents and purposes,
be synonymous with the word ward.
ELECTORS AND REGISTRATION.
Section 4. The inhabitants of said city of Ann Arbor,
having the qualifications of electors under the constitu-
tion and laws of the State, and no others, shall be electors
therein.
Section 5. At all elections in said city every elector
shall vote in the ward where he shall have resided during
the ten days next preceding the day of election. The
residence of any elector, not being a householder, shall be
deemed to be in the ward in which he rooms and lodges.
Section 6. Any person offering to vote at any elec-
tion held in this city, shall, if challenged by an elector of
the ward in which he offers to vote, take, before his vote
shall be received, one of the oaths or affirmations provided
by the laws of the State for electors at general elections,
which oath may be administered by either of the inspec-


CITY OP ANN ARBOR.
11
spectors of election in the ward or wards where the same
is to be held, a notice signed by the city clerk, specifying
the officer or officers to be chosen, and the question or
proposition, if any, to be submitted to the vote of the elec-
tors, and the day and place at which such election is to be
held, and such election shall be conducted in the same
manner as the annual charter elections.
Section 15. Notice of the time and place or places
of holding any election, and of the officers to be elected,
and the question to be voted upon, shall, except as herein
otherwise provided, be given by the city clerk at least ten
days before such election, by posting such notices in three
public places in each ward in which the election is to be
held, and by publishing a copy thereof in a newspaper
published in the city, the same length of time before the
election; and in case of a special election the notice shall
set forth the purpose and object of the election as fully as
the same are required to be set forth in the resolution ap-
pointing such election: Provided, That if any election of
officers under the act shall not be held on the day when
it ought to have been held, the said corporation shall not
b-i dissolved, but it shall be lawful to hold such election
at any time thereafter, public notice being given as pro-
vided in this act.
Section 16. The common council shall provide and
cause to be kept by the city clerk, for use at all elections,
suitable ballot boxes of the kind required by law to be
kept and used in townships.
Section 17. At all charter elections the polls shall be
opened in each ward at the several places designated by
the common council, at eight o'clock in the morning, and
shall be kept open until four o'clock in the afternoon, at
Section 15. Failure to give notice of election does not Invalidate elec-
tion: Speed vs. Hartwell, 12 Mich., 508; but if it is not imperative to fill an
office at a certain election, failure to give the notice required invalidates the
election: People vs. Witherell, 14 Mich., 48. See Secord vs. Foutch, 44 Mich.,
89; Powell vs. Jackson etc , 51 Mich., 129.


CITY OF ANN AKBOR.
15
dates having received an equal number of votes, the com-
mon council shall at the meeting mentioned in the preced-
ing section determine by lot between such persons, which
shall be considered elected to such office.
Section 28. It shall be the duty of the city clerk,
within five days after the meeting and determination of
the common council, as provided in section 27 [26,] to notify
each person elected, in writing, of his election, and he
shall also, within five days after the common council shall
appoint any person to any office, in like manner notify
such person of such appointment.
Section 29. Within one week after the expiration of
the time in which any official bond or oath of office is re-
quired to be filed, the city clerk shall report in writing to
the common council the names of the persons elected or
appointed to any office who shall have neglected to file
such oath and bond or security for the performance of the
duties of the office.
OFFICERS.
Section 30. The following city officers, viz: A
mayor, president of the common council, city clerk, two
justices of the peace and an assessor shall be elected by
the qualified voters of the whole city, and a supervisor,
two aldermen and a constable shall be elected in each
ward.
Section 31. The following officers shall be appointed
by the mayor subject to the approval of a majority of the
members elect of the common council, viz: A city mar-
shal, a city treasurer, a city attorney, members of the
board of public works, members of the board of fire com-
missioners, and members of the board of health. The
common council may also, from time to time, provide by
ordinance for the appointment, and appoint for such term
as may be provided in any such ordinance, such other offi-
cers whose election or appointment is not herein specially
provided for, as the common council shall deem necessary


18
CHARTER OF THE
Section 39. The common council may also, at any
time, require any officer, whether elected or appointed, to
execute and file with the city clerk new official bonds in
the same or in such further sums, and with new or with
such further sureties as said common council may deem
requisite for the interest of the corporation. Any failure
to comply with such requirements shall subject the officer
to immediate removal by the common council.
VACANCIES IN OFFICE.
Section 40. Resignation of officers shall be made to
the council, subject, to their approval and acceptance.
Section 41. If any officer shall cease to be a resi-
dent of the city, or if elected in and for a ward, shall re-
move therefrom during his term of office, the office shall
thereby be vacated. If any officer shall be a defaulter,
the office shall thereby be vacated.
Section 42. If any person elected or appointed to
office shall fail to take and file the oath of office, or shall
fail to give the bond or security required for the due per-
formance of the duties of his office within the time herein
limited therefor, the common council may declare the
office vacant, unless previous thereto he shall file the oath
and give the requisite bond or security.
Section 43. A vacancy in the office of mayor, presi-
dent of the council, justice of the peace or aldermen, oc-
curring more than ninety days preceding an annual elec-
Section 41. An office becomes vacant (1) on the death of the incum-
bent; i2)his resignation ; (3) his removal from office; (4) his removal from
the state, or in case of local offices, from the locality in which he was
appointed; (5) upon his conviction of an infamous crime or any offense in-
volving a violation of his oath of office; (6) the decision of a competent
tribunal declaring his election or appointment void; (7) refusal or neglect
to take the oath of office or to give or renew any official bond within the
time prescribed by law: Howell's Statutes, Sec. 619.
Section 42. A party entitled to an office, loses his right unless he fiies
his oath and bond within the time prescribed by law: Wayne Auditors vs.
Benoit, 20 Mich., 181; Paw Paw vs. Eggleston, 25 Mich., 39.


CITY OF ANN ARBOR.
19
tion, may be filled at a special election on the order of the
common council. A vacancy in the office of justice of
the peace or alderman, occurring within ninety days pre-
ceding an annual election, shall be filled at such annual
election. A vacancy occurring in the office of city clerk
may be filled by appointment by the mayor, confirmed by
a majority of the members elect of the common council,
unless said officer has more than one year to serve at the
time such vacancy shall occur, in which case it shall be
filled at the next ensuing election, and the mayor, with
the consent of the council, shall appoint a city clerk to
act until such election: Provided, That vacancies occur-
ring within ninety days preceding any State election may
be filled thereat; vacancies in other offices shall be filled
by the mayor, subject to the approval of a majority of
the members elect of the common council.
Section 44. The resignation or removal of any offi-
cer shall not, nor shall the appointment or election of
another to the office, exonerate such officer or his sureties
from any liabilities incurred by him or them.
Section 45. Whenever an officer shall resign or be
removed from office, or the term for which he shall have
been elected or appointed shall expire, he shall, on de-
mand, deliver over to his successor in office all the books,
papers, moneys and effects in his custody as such officer,
and in any way appertaining to his office; and every per-
son violating this provision shall be deemed guilty of a
misdemeanor, and may be proceeded against in the same
manner as public officers generally, for a like offense,
under the general laws of the State now or hereafter in
force and applicable thereto; and every officer appointed
or elected under this act shall be deemed an officer within
Section 43. When the vacancy must be filled, as In the case of justice
of the peace, notice of an election is not absolutely requisite, but when,as
in the other cases, it is not imperative to fill the office, failure to give the
notice required Invalidates the election: People vs. Witherell, 14 Mich.,48;
see note to Sec. 15.


20
CHARTER OP THE
the meaning and provisions of such general laws of the
State.
DUTIES OF OFFICERS—THE MAYOR.
Section 46. The mayor shall be the chief executive
officer of the city, and shall from time to time give to the
common council information, in writing, concerning the
affairs of the corporation, and recommend such measures
as he may deem expedient. It shall be his duty to exer-
cise supervision over the several departments of the city
government, and to see that the laws relating to the city
and the ordinances and regulations of the common coun-
cil are enforced.
Section 47. The mayor shall be a conservator of
the peace, and may exercise within the city the powers
conferred upon sheriffs to suppress disorder, and shall
have authority to command the assistance of all able-
bodied citizens to aid in the enforcement of city ordi-
nances or laws of the State, and to suppress riot and dis-
orderly conduct.
Section 48. The mayor shall have authority at all
times to examine and inspect the books, records and pa-
pers of any agent, employe or officer of the city, and shall
perform generally all such duties as are or may be pre-
scribed by the ordinances of the city.
Section 49. In the absence or disability of the
mayor, or in case of any vacancy in his office, the presi-
dent of the common council shall perform the duties of
the mayor.
ALDERMEN.
Section 50. The aldermen of the city shall be mem-
bers of the common council, attend all the meetings
thereof, and act upon committees when thereunto ap-
pointed by the president of the council. As conservators
Section 50. Mandamus does not lie to compel aldermen to attend
meetings of the common council: People vs. Whipple, 41 Mich., 518.


CITY OF ANN ARBOR.
21
of the peace they shall aid in maintaining quiet and good
order in the city, and in securing the faithful performance
of duty by all officers of the city.
CITY CLERK.
Section 51. The city clerk shall keep the corporate
seal and all the documents, official bonds, papers, files and
records of the city, not by this act or by the ordinances of
the city entrusted to some other officer; he shall be clerk
of the common council, shall attend its meetings, record
all its proceedings, ordinances and resolutions, and shall
countersign and register all licenses granted, and report
the same with the amount thereof to the common council
monthly; he shall, when required, make and certify,
under seal of the city, copies of the papers and records
filed and kept in his office, and such copies shall be evi-
dence in all places of the matters therein contained to the
same extent as the original would be. He shall possess
and exercise the powers and duties of township clerk so
far as the same are required to be performed within the
city, and shall have authority to administer oaths and affir-
mations. He shall be entitled to a fee of fifty cents for
each and every license issued by him, to be paid by the
person obtaining the same. The city clerk may, subject
to the approval of the common council, appoint a deputy,
and such deputy may perform any and all the duties' of
such clerk: Provided. That said deputy shall receive no
compensation from the city.
Section 52. The city clerk shall be the general ac-
countant of the city, and all claims against the corporation
shall be filed with him for adjustment. After examination
thereof he shall report the same, with all accompanying
vouchers and counter claims of the city, and the true bal-
ance as found by him to the common council for allowance,
Section 51. In recording council proceedings, no ambiguous entries
should be made, especially in recording votes when a majority vote is re-
quired: McCormlck vs. Bay City, 23 Mich., 457.
3


22
CHARTER OF THE'
and when allowed, shall draw his warrant upon the treas-
urer for the payment thereof, designated thereon the fund
from which payment is to be made, and take proper
receipts therefor; but no warrant shall be drawn upon any
fund after the same has been exhausted, and any warrant
so drawn shall be void. When any tax or money shall be
levied, raised or appropriated, he shall report the amount
thereof to the city treasurer, stating the object and fund
lor which it is levied, raised or appropriated, and the
amount thereof to be credited to each fund.
Section 53. The city clerk shall keep himself thor-
oughly acquainted, and make himself conversant with the
doings of all officers charged in any manner with the
receipt, collection and disbursement of the city revenues,
and shall have general supervision over all the property
and assets of the city; he shall have charge of all books,
vouchers and documents relating to the accounts, con-
tracts, debts and revenues of the corporation; he shall
countersign and register all bonds issued, and keep a list
of all property and effects belonging to the city, and of all
its debts and liabilities; he shall keep a complete set of
books, exhibiting the financial condition of the corporation
in all its departments, funds, resources and liabilities, with
a proper classification thereof, and showing the purpose
for which each fund was raised; he shall also keep an
account with the treasurer, in which he shall charge him
with all moneys received for each of the several funds of
the city, and credit him with all the warrants drawn
thereon, keeping a separate account with each fund; when
any fund has been exhausted, he shall immediately advise
the common council thereof; the city clerk shall be the
clerk of the board of public works and all other boards,
the clerk of all standing and special committees of the
common council, and the clerk of all the boards of the city
that may from this time be established. He shall render
to the common council on the first Monday of every month,
and oftener if required, a report of the amount of all or-


CITY OF ANN ARBOR.
23
ders drawn since the last preceding report, what orders
remain outstanding and unpaid, and the balance remain-
ing to the credit of each, fund.
Section 54. The city clerk shall report to the com-
mon council whenever required a detailed statement of
the receipts, expenditures and financial condition of the
city, of the debts to be paid and moneys required to meet
the estimated expenses of the corporation, and shall per-
form such other duties pertaining to his office as the com-
mon council may require. The clerk shall be the sealer
of weights and measures for the said city, and shall per-
form all the duties of township clerk relative thereto.
Section 55. The common council shall provide and
fit up an office for the city clerk, and establish office hours
during which said clerk shall be required to be at his office.
justices of the peace.
Section 56. The justices of the peace in said city
exercising civil jurisdiction shall be deemed justices of the
peace of the county of Washtenaw, 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 judg-
ments and convictions may be made to the circuit court
for the county of Washtenaw in the same manner as
appeals from justices'judgments and convictions in towns
are made: Provided, That all actions within the jurisdic-
tion of justices of the peace may be commenced and pros-
ecuted in said justices' courts, when the plaintiff or defend-
ant, or one of the plaintiffs or defendants reside in said
city of Ann Arbor, in the township of Ann Arbor, in any
township next adjoining the township of Ann Arbor, or in
any city formed from a township of Ann Arbor: Pro-
Section 56. The constitution fixes the power of justices of the peace
and legislation cannot curtail or abolish their civil jurisdiction: Altor vs.
Wayne Auditors, 43 Mich., 75. Their criminal jurisdiction depends entirely
upon the statutes: Sarah Ways Case, 41 Mich., 299.


24 CHARTER OF THE
vided, That the township of Ypsilanti shall be deemed to
be a township adjoining the township of Ann Arbor
within the meaning of this act.
Section 57. Any justice of the peace residing in said
city of Ann Arbor, shall have full power and authority,
and it is hereby made the duty of such justice, upon com-
plaint to him in writing, to inquire into and hear, try and
determine all offenses which shall be committed within
said city against any of the by-laws or ordinances which
shall be made by the common council in pursuance of the
powers granted by this act, and to punish the offenders as
by said by-laws or ordinances shall be prescribed or
directed, to award all process, and take recognizance for
the keeping of the peace, for the appearance of the person
charged, and upon appeal, and to commit to prison as
occasion may require. In case there shall be at any time
in said city, from any cause, no qualified justice of the
peace, suits for a violation of any of the city ordinances
may be brought before one of the justices of the peace of
the township of Ann Arbor.
THE ASSESSOR.
Section 58. The assessor shall annually estimate the
value of all the taxable real and personal property in the
city, and make the several ward assessment rolls at the
time and in the manner as hereinafter in this act provided;
he shall spread upon said rolls any and all taxes duly cer-
tified to him by order of the common council, by the board
of supervisors of the county of Washtenaw, or by other
proper authority; and his warrant attached to said rolls,
directing the collection of the taxes so levied and spread
thereon, shall have the same power and effect as the war-
rant of a supervisor made in accordance with the state
law.
SUPERVISORS.
Section 59. The supervisors of the several wards
shall have the like powers and perform the like duties


26
CHARTER OF THE
promptly enforced, and when he shall know or learn of
the violation of any ordinance of the city or penal statute
of the state, it shall be his duty to enter complaint before
one of the justices of the peace of said city, and to do what-
ever shall be necessary to bring the offender to justice.
He shall have the same power to serve and execute all
process issued by any justice of the peace of said city in
behalf of said city or of the people of the state for offences
committed within said city as sheriffs or constables have
by law to serve and execute similar process, and shall sup
press all riots, disturbances, an 1 breaches of the peace, and
for that purpose may command the aid of all citizens in
the performance of such duty. He shall arrest all disor-
derly persons in the city, and pursue and arrest any per-
son fleeing from justice in any part of the state. He may
arrest upon view, and with or without process, any person
found in the act of committing any offense against the
laws of the state or the ordinances of the city, and forth-
with take such person before the proper magistrate or
court for examination or trial, and may arrest persons
found drunk in the streets and imprison them until they
shall become sober: Provided, That nothing in this sec-
tion contained shall be construed to authorize the marshal
to arrest without process, under a state law, any person
charged with an offense within the jurisdiction of justices
of the peace.
Section 62. The marshal shall report, in writing and
on oath, to the common council at their first meeting in
each month, all arrests made by him and the cause thereof,
Section 61. An arrest without a warrant is not lawful, except where
public security requires it. There must be reasonable belief of felony or a
breach of the peace committed in the officer's presence: Allor vs. Wayne
Auditors, 43 Mich., 76,97; Sarah Way's Case, 41 Mich., 299; Q,uinn vs. Helsel,
40 Mich., 576. Arrests for misdemeanors can only be made without a war-
rant by an officer who actually sees the offense which constitutes the mis-
demeanor: Ross vs. I.eggett, 61 Mich., 415. Arrests for vagrancy without a
warrant can rarely be justified: Sarah Way's Case, 41 Mich., 300. See Dren-
nan vs. People, 10 Mich., 168.


28
CHARTER OF THE
every warrant out of the particular fund constituted or
raised for the purpose for which the warrant was issued,
and having the name of such fund, the name of the payee,
and the time of maturity indorsed thereon by the city
clerk. He shall cancel such warrants when paid, and
shall collect all taxes levied or assessed in the city. For
the purpose of the collection and return of all taxes, and
the return of property delinquent for the non-payment of
taxes, and for the purpose of suits for the collection of
taxes, the said treasurer, on giving the bonds or surety so
required by the charter or any law of the State, shall pos-
sess all the powers and perform all the duties of the sev-
eral township treasurers of this State, as prescribed by law,
and shall also perform such other duties, respecting the
collection and return of taxes, as this act imposes.
Section G5. The treasurer shall render to the city
clerk on the first Monday of every month, and oftener if
required, a report of the amounts received and credited by
him to each fund, and on what account received; the
amounts paid out by him from each fund during the pre-
ceding month, and the amount of money remaining in each
fund on the day of his report; such report shall be accom-
panied with a certificate from the cashier of the bank in
which the moneys of the city may be deposited, showing
the amount of money in the bank to the credit of the city
on the day on which the treasurer's report is made. He
shall also exhibit to the common council, annually, on the
first Monday in March, and as often and for such period as
the common council shall require, a full and detailed ac-
count of the receipts and disbursements of the treasury
since the date of his last annual report, classifying them
by the funds to which receipts are credited and out of
which such disbursements are made, and the balance re-
maining in each fund, which account shall be filed in the
office of the city clerk and shall be published in one or
more of the newspapers of the city. He shall file all


CITY OF ANN ARBOR.
29
vouchers or warrants paid by him with the city clerk with
his monthly report.
Section 66. The city treasurer shall keep all moneys
in his hands belonging to the city and to the public schools
separate and distinct from his own moneys; and he is
hereby prohibited from using, either directly or indirectly ,
the corporation moneys, warrants, or evidences of debt, or
any of the school or library funds in his custody or keep-
ing, for his own use or benefit, or that of any other per-
son. Any violation of this section shall subject him to
immediate removal from office by the common council,
who are hereby authorized to declare the office vacant,
and to appoint his successor, on the nomination of the
mayor, for the remainder of the term.
Section 67. The common council may, in its discre-
tion, contract with any bank or banks in said city, incor-
porated under any law of the State or United States, for
the safe keeping of any moneys belonging to said city, and
for the payment by such bank or banks of interest thereon,
at a rate not exceeding that established by law, which in-
terest shall be credited by the treasurer to the contingent
fund of said city. The common council may prescribe the
conditions relative to the making of such contract, and the
securities to be given by any bank or banks for the moneys
so deposited: Provided, That neither the city treasurer
nor his bail shall be held responsible for any moneys de-
posited in any bank or banks pursuant to the terms of any
contract made as in this section authorized.
CITY ATTORNEY.
Section 68. The city attorney shall be an attorney
and counsellor at law, in good standing, and qualified to
practice in all the courts of the State. He shall, on appli-
cation of the common council or any officer of the city,
furnish advice relative to all matters of law, relative to
their duties, appear in behalf of the city and of all public
boards thereof, in all suits, and perform such other legal


30
CHARTER OF THE
duties as may be required by the mayor or the common
council. He shall attend all meetings of the common
council.
COMPENSATION OF OFFICERS.
Section 09. The officers of said corporation shall be
entitled to receive out of the city treasury the following
sums in full payment of their services: The mayor shall
be paid one dollar per annum; the city clerk shall receive
such sum as the common council shall determine, not ex-
ceeding eight hundred dollars per annum; the city attor-
ney shall be entitled to receive such sum as the common
council shall allow, not exceeding three hundred dollars
per annum, which shall be in full for all services; and the
treasurer shall be entitled to receive such sum as the com-
mon council shall allow, not exceeding one hundred dol-
lars per annum: Provided, That the said treasurer shall
be entitled to receive, in addition to such salary, the fees
hereinafter provided for collecling the taxes to be levied
and collected in said city. The marshal shall be entitled
to receive such compensation, not exceeding sixty-five dol-
lars per month, as the common council shall allow; the
assessor shall receive such compensation as the common
council shall allow, not exceeding two dollars and a half
per day for every day actually employed in the perform-
ance of the duties of his office; the justices of the peace
and the constables shall be allowed the same fees as are
by law allowed to corresponding township officers; the
supervisors and all other officers of said city shall be en-
titled to receive such compensation as the common coun-
cil shall allow, not exceeding two dollars per day for every
day actually employed in the performance of the duties of
their respective offices: Provided further, That the com-
Section 69. When the common council appoints a city officer to do
acts outside of his official duty, he stands in the same position as a stranger
and is entitled to be paid for what he do -s in that employment: Detroit vs.
Redfield, 19 Mich., 37(>; McBride vs. Grand Rapids. 47 Mich., 236. And a
mayor or alderman cannot be required to give his professional service to
the city without compensation: Nlles vs. Muzzy, 33 Mich., 61.


34
CHARTER OF THE
Section 70. The council may compel the attendance
of its members and other officers of the city at its meet-
ings in such manner, and may enforce such fines for non-
attendance as may by ordinance be prescribed, and may
by ordinance prescribe punishment for any misbehavior,
contemptuous or disorderly conduct by any member or
any person present at any session of the council.
Section 77. The city attorney and city marshal shall
attend all meetings of the council, and the council may
require the attendance of any other city official at any
session thereof.
Section 78. The council shall have control of the
finances and of all the property, real and personal, of the
city except as may be otherwise provided by law.
Section 79. Whenever by this act or any other pro-
visions of law, any power or authority is vested in or duty
imposed upon the corporation or council, the council may
enact such appropriate ordinances as may be necessary for
the execution and exercise of such power and authority,
and to regulate the performance of such duty.
Section 80. The council may provide for the appoint-
ment of standing committees of its members, who shall
perform such duties, investigate, have charge of, and re-
port upon such matters as may be properly referred to
them.
Section 81. The council shall cause all records of the
corporation, proceedings of the council, and all books,
documents, reports, contracts, receipts, vouchers, and pa-
pers relating to the finances and affairs of the city, or to
the official acts of any officer of the corporation (unless
Section 79. That the legislature cannot interfere with the legislative
powers of the council is shown in People vs. Common Council of Detroit,
28 Mich., 228; Attorney General vs. Common Council of Detroit, 29 Mich.,
108.
Section 80. But the council cannot delegate legislative powers to
these committees. See note to Sec. 70.


CITY OF ANN ARBOR.
35
required by law to be kept elsewhere), to be deposited and
kept in the office of the city clerk, and to be so arranged,
filed and kept as to be convenient of access and inspec-
tion; and all such records, books and papers shall be sub-
ject to inspection by any inhabitant of the city or other
person interested therein, at all seasonable times, except
such parts thereof as in the opinion of the council it may
be necessary for the furtherance of justice to withhold for
the time being. Any person who shall secrete, injure,
deface, alter or destroy any such books, records, docu-
ments or papers, or expose the same to loss or destruction
with intent to prevent the contents or true meaning or
import of any thereof from being known, shall, on convic-
tion thereof, be punished by imprisonment in the State
prison, not longer than one year, or by fine not exceeding
one thousand dollars, or by both such fine and imprison-
ment, in the discretion of the court.
Section 82. No member of the common council
shall, during the period for which he was elected, be ap-
pointed to or be competent to hold any office, the emolu-
ments of which are to be paid from the city treasury or
be paid by fees under any act or ordinance of the common
council, or be bondsmen or surety on any contract or bond
given to said city; but this section shall not be construed
to deprive any member of any emoluments or fees to
which he may be entitled by virtue of his office. Any
member of the council offending against the provisions of
this section, shall, upon conviction thereof, be fined not
exceeding five hundred dollars, or be imprisoned in the
county jail not less than one nor more than six months, or
both, in the discretion of the court, and shall forfeit his
office.
Section 83. . Any person appointed to office by the
mayor, by authority of this act, may be suspended by the
mayor or removed by him with the consent of the major-
ity of the members elect of the council, and the council
may expel any alderman or remove from office any person


36
CHARTER OF THE
elected thereto, except justices of the peace, by a concur-
ring vote of two thirds of all the aldermen elect. In case
of elective officers, provision shall be made by ordinance
for preferring charges and trying the same, and no re-
moval of an elective officer shall be nfade unless a charge
in writing is preferred, and an opportunity given to make
a defense thereto.
Section 84. To enable the council to investigate
charges against any officer, or such other matter as it may
deem proper to investigate, the mayor or any justice of the
peace is empowered, at the request of the council, to issue
subpoenas or process by warrant to compel the attendance
of persons and the production of books and papers before
the council or any committee.
Section 85. Whenever the council, or any committee
of the members thereof, are authorized to compel the at-
tendance of witnesses for the investigation of matters
which may come before them, the presiding officer of the
council or chairman of such committee for the time being,
shall have power to administer the necessary oaths; and
such council or committee shall have the same power to
compel witnesses to testify as is conferred on courts of
justices of the peace.
Section 8(5. The council shall audit and allow all ac-
counts chargeable against the city, but no claim not certi-
fied to by the city official ordering the work done or the
purchase made shall be received for audit or allowance,
unless it shall be accompanied by an affidavit of the per-
son presenting it that the services therein charged for have
been actually performed, or the goods delivered to the
city, that the sums charged are reasonable and just, and
that to the best of his knowledge and belief no set-off ex-
ists, nor payment has been made on account thereof, ex-
cept such as are endorsed or referred to in such account or
claim. And every such account shall exhibit in detail all
the items making up the amount claimed and the true


40
CHARTER OF THE
Seventh. To regulate the buying, carrying, selling
and using of gunpowder, fire-crackers or fire-works manu-
factured or prepared therefrom, and other combustible
materials, and the exhibitions of fire-works and the dis-
charge of fire-arms, and lights in barns, stables, and other
buildings, and to restrain the making of bonfires in streets
and yards;
Eighth. To prevent the encumbering of streets, side-
walks, cross-walks, lanes, alleys, bridges or aqueducts,
drains or ditches in any manner whatever;
Ninth. To prevent and punish horse-racing and im-
moderate driving or riding in any street, or over any
bridge, and to authorize the stopping and detaining any
person who shall be guilty of immoderate driving or rid-
ing in any street or over any bridge in said city;
Tenth. To determine and designate the routes and
grades of any railroad coming into or passing through said
city, and to restrain and regulate the use of locomotives,
engines and cars upon any railroad within the city;
Eleventh. To prohibit or regulate bathing in any pub-
lic water, or in any open or conspicuous place, or any in-
decent exposure of the person in the city;
Iwelfth. To restrain and punish drunkards, vagrants,
mendicants, street beggars, and persons soliciting alms or
subscriptions for any purpose whatever;
Thirteenth. To establish and regulate one or more
pounds, and to restrain and regulate the running at large
of horses, cattle, swine, and other animals, geese and
poultry, and to authorize the impounding and sale of the
same for the penalty incurred and the cost of keeping and
impounding;
Fourteenth. To prevent, and regulate the running at
Section 88. Ninth, Driving faster than the ordinance allows is itself
such an act of negligence as to make the racing parties responsible for a col-
lision caused by it: Potter vs. Moran, 61 Mich., 60.


42
CHARTER OF THE
Twenty-first. To establish, order and regulate mar-
ket places; to regulate the vending of wood, hay, meat,
vegetables, fruits, fish and provisions of all kinds, and
prescribe the time and place of selling the same, and the
fees to be paid by butchers for license; to prohibit the
sale of unwholesome meat, poultry, fish, vegetables or
other articles of food or provisions; impure, spurious or
adulterated wine, spirituous liquors or beer, or knowingly
keeping or offering the same for sale; and to provide for
and regulate the inspection of animals used for food, and
the slaughter of the same: Provided, That nothing herein
contained shall authorize the common council to restrict
in any way the sale of fresh and wholesome meats by the
quarter within the limits of the city;
Twenty-second. To establish, regulate and preserve
public reservoirs, wells, penstocks and pumps, and to pre-
vent the waste of water; and to authorize and empower,
under such regulations and upon such terms and condi-
ditions as they may choose, the laying of water pipes in
the streets and alleys of the city, tor the purpose of sup-
plying the inhabitants of said city with water; and to
grant such exclusive privileges as they may deem expedi-
ent to any company organized to supply said city and its
inhabitants with water; and to contract with such com-
pany to supply the city with water for fire and other
public purposes;
Twenty third. To regulate sextons and undertakers
for burying the dead; cartmen and their carts, hackney
carriages and their drivers, omnibuses and their drivers,
scavengers, porters and chimney sweeps and their fees and
compensation; and to make regulations for preventing
auctions, peddling, pawnbrokerage, or using for hire carts,
drays, cabs, hacks or any kind of carriage or vehicle, or
opening or keeping any tavern, hotel, victualing house,
Section 88. Twenty-first, A city may Impose a license upon markets
and upon thos? selling in the public markets: Ash vs.People.il Mich., 347.


CITY OF ANN ARBOR.
45
Thirty-fourth. To provide for the protection and
care of poor persons and of paupers, and to prohibit and
prevent all persons from bringing or sending to the city
from any other place any pauper or other person likely to
become a charge upon said city, and to punish therefor;
to provide by ordinance for the election or appointment
of an overseer of the poor for the city, and to prescribe
his duties and vest him with such authority as may be
proper for the exercise of his duties, and to provide for
the organization of a board of poor commissioners, who
shall serve without compensation.
Thirty-fifth. To provide for and change the location
and grade of street crossings of any railroad track, and to
compel any railroad company or street railway company
to raise or lower their rail-road track to conform to street
grades, which may be established by the city from time
to time, and to construct street crossings in such a man-
ner as the council may require, and to keep them in re-
pair; also to require and compel railroad companies to
keep flagmen or watchmen at all railroad crossings of
streets, and to give warning of the approach and passage
of trains thereat, and to light such crossings during the
night; to regulate and prescribe the speed of all locomo-
tives and railroad trains within the city; but such speed
shall not be required to be less than four miles an hour,
and to impose a fine of not less than five or more than
fifty dollars upon the company, and upon any engineer or
conductor violating any ordinance regulating the speed of
trains.
ORDINANCES.
Section 89. The style of all ordinances shall be,
"The common council of the city of Ann Arbor ordain."
All ordinances shall require, for their passage, the concur-
rence of a majority of all the members elect. The time
when any ordinance shall take effect shall be prescribed
therein. Such time, when the ordinance imposes a


46
CHARTER OF THE
penalty, shall not be less than ten days from the date of
its publication, as hereinafter provided.
Section 90. Whenever by the provisions of this act,
the common council shall be authorized to pass ordi-
nances for any purpose, they may prescribe fines, penal-
ties, and forfeitures for the violation of the same, not ex-
ceeding one hundred dollars, or imprisonment not exceed-
ing ninety days or both in the discretion of the court.
Such imprisonment may be in the common jail of the
County of Washtenaw, in the city lock-up or in the De-
troit House of Correction. The fine, penalty or imprison-
ment, for the violation of any ordinance, shall be pre-
scribed therein, and during such imprisonment all such
offenders may be kept at labor.
Section 91. On the day next after the passage of any
ordinance, the clerk of the common council shall present
the same to the mayor or other person performing the
duties of the mayor, for his approval. No ordinance shall
be of any force without the written approval of the mayor
or other person performing for the time being the duties
of his office, unless he omit to return it to the clerk of the
common council with his objections thereto within ten days
after its presentation to him in which case it shall be
deemed regularly enacted. If after the return of the
ordinance with the objections thereto, as aforesaid, the
same shall be passed or re-enacted by a vote of two-thirds
of all the members elect of the common council, the ordi-
nance shall be deemed regularly enacted, and the time of
its re-enactment shall be deemed to be the time of its
passage.
Section 92. At the time of presenting any ordinance
Section 89 The omission of the enacting clause does not necessarily
nullify the ordinance: People vs. Murray, 57 Mich., 898. It requires seven
members of the council voting affirmatively to pass an ordinance. The or-
dinance must be in writing before it can be acted upon: Stevenson vs. Bay
City, 26 Mich., 44. See notes to Section 75. It is indispeusible that every or-
dinance should express the time when It shall take effect: Van Alstine vs.
People, 37 Mich., 523.


CITY OP ANN ARBOK. 47
to the mayor for his approval, the clerk of the common
council shall certify thereon, and also in the journal or
record of the proceedings of the council, the time when
the same was presented, and shall also certify thereon and
in such journal or record, the time of the return of such
ordinance, whether approved or with objections, and shall
at the next meeting of the common council report any
ordinance returned, with the objections thereto.
Section 93. No repealed ordinance shall be revived
unless the whole or so much as is intended to be revived,
shall be re enacted. When any section of an ordinance
is amended, the whole section as amended shall be re-en-
acted.
Section 94. All ordinances when approved by the
mayor, or when regularly enacted shall be immediately
recorded by the clerk of the common council in a book to
be called "the record of ordinances,v and it shall be the
duty of the mayor and clerk to authenticate the same by
their official signatures upon such record.
Section 95. Within one week after the approval or
final passage of any ordinance the same shall be published
in one or more newspapers printed and circulated within
the city, and the clerk shall, immediately after such pub-
lication, enter on the record of ordinances in a blank space
to be left for such purpose under the recorded ordinance a
certificate stating in what newspaper and of what date
such publication was made and sign the same officially,
and such certificate shall be prima facie evidence that
legal publication of such ordinance has been made.
Section 96. In all courts having authority to hear,
Section 9i. Failure to make the record here required does not invali-
date the ordinance: Stevenson vs. Bay City, 26 Mich., 44.
Section 95. Publication is neoessary to the validity of an ordinance:
Van Alstine vs. People, 37 Mich., 523. The same case also decides that where
the ordinance requires to be published two weeks, publication in two issues
of a weekly paper will not be legal if It is shown that less than two weeks'
notice is actually given.


CITY OF ANN ARBOR.
49
Washtenaw for the imprisonment of all persons liable to
imprisonment under the ordinances of said city, and all
persons committed to jail by any justice of the peace for a
violation of any such ordinance shall be in the custody of
the sheriff of the county, who shall safely keep the person
so committed until lawfully discharged, as in other cases.
Whenever, by the terms of any ordinance of said city, it
is provided that any person convicted of a violation thereof,
shall be imprisoned, said person may be confined in the
county jail of the county of Washtenaw, a city lock up, or
in the House of Correction in the City of Detroit, in the dis-
cretion Of the court: Provided, That the said city ot Ann
Arbor shall pay all the expenses of imprisoning persons
charged with the violation of city ordinances.
Section 98. Whenever any person shall be charged
with having violated any of the by laws or ordinances of
the city, by which the offender is liable to imprisonment,
any justice of the peace residing in said city, to whom
complaint shall be made, in writing, and on oath, shall
issue a warrant directed "to the city marshal, policeman
or any constable of the City of Ann Arbor," commanding
him forthwith to bring the body of such person before him
to be dealt with according to said laws or ordinances of
the city, and the marshal or other officer to whom said
warrant shall be delivered for service is hereby authorized
and required to execute the same, in any part of the state
where such offender may be found, under the penalties
which are by law incurred by sherilfs and other officers for
neglecting or refusing to execute other criminal process
and the proceedings relating to the arrest and custody of
the offender pending trial, the pleadings and all proceed-
ings upon the trial of such cause, and the rendition of
judgment and the execution thereof shall, except as other-
wise provided by this act, be governed by, and conform as
nearly as may be to the provisions of law relating to pro-
ceedings in criminal causes cognizable by a justice of the
peace under the genera] laws of this state.


50
CHARTER OF THE
Section 99. The expenses of apprehending, examin-
ing and committing offenders against any law of this state,
in the said city, and of their confinement, shall be audited
and allowed and paid by the supervisors of the county of
Washtenaw, in the same manner as if such expenses had
been incurred in any town of said county.
Section 100. All actions against the city of Ann Ar-
bor shall be commenced by summons, which shall be
served upon the city clerk at least six days before the
return day thereof, by giving him a copy of said summons
with the name of the officer serving the same indorsed
thereon; or in case of the absence of said city clerk from
the city, then by leaving such copy with the mayor in-
dorsed as aforesaid: Provided, That no suit shall be
maintained against the city, until the claim whereon the
same is founded shall have been presented .to the common
council of said city, duly verified, at a regular meeting of
the same, for allowance, and until after one regular meet-
ing of the common council shall have intervened.
Section 101. In all suits in which the city of Ann
Arbor shall be a party, or shall be interested, no inhabi-
tant of said city shall be deemed incompetent as an officer,
witness or juror, on account of his interest in the event of
such suit or action: Provided, Such interest be such only
as he has in common with the other inhabitants of said
city. And provided f urther, that it shall not be necessary
to pay or tender any fees to any witness subpcenasd on the
part of the city. But such witness shall be bound to
attend, and shall be liable to attachment the same as if
fees had been tendered or duly paid to him. The fees of
witnesses shall be allowed by the common council on the
certificate of the justice or court before whom they ap-
peared.
Section 100. The provision that a claim must be presented for auditing
and allowance was held good In Detroit vs. Miohigan Paving Company, 38
Mich., 358, and the provision applies to a claim against the city to have a
tax refunded that has been paid under protest: Mead vs. Lansing, 56 Mich.,
601.


CITY OF ANN ARBOR.
51
Section 102. In all trials before any justice of the
peace of any person charged with a violation of any ordi-
nance of the said city, either party shall be entitled to a
jury of six persons; and all the proceedings for the sum-
moning of such jury and in the trial of the cause shall be
in conformity, as near as may be, with the mode of pro-
ceeding in similar cases before justices of the peace; and
in all cases, civil and criminal, the right of appeal from the
justices' court to the circuit court of Washtenaw county
shall be allowed, and the person appealing shall enter into
a recognizance, conditioned to prosecute the appeal in the
circuit court, and abide the order of the court therein, or
such other recognizance as is or may be required by law
in appeals from justices' courts in similar cases: Provided,
If any judgment in any action shall be rendered against
the city by any justice of the peace, such judgment may
be removed by appeal to the circuit court in the same
manner and with the same effect as though the city were
a natural person, except that no bond or recognizance to
the adverse party shall be necessary to be executed on
behalf of the said city.
Section 103. All fines imposed by any ordinance of
said city may be sued for by the city attorney in the name
of the corporation before any justice of the peace of said
city; and whenever any fine shall be imposed by any jus-
tice of the peace for a violation of any ordinance of said
city, it shall be the duty of the justice forthwith to issue
execution to the marshal of the city, commanding him to
collect of the goods and chattels of the person so offending,
the amount of such fine, with interest and costs, and for
want of goods and chattels wherewith to satisfy the same,
that he take the body of the defendant and commit him to
the common jail of the county, or to the House of Correc-
tion in the City of Detroit, in the discretion of the court,
to be safely kept by the officer in charge thereof until said
Section 103. See Sheldon vs. Hill, 33 Mich., 171.


52
CHARTER OF THE
defendant be discharged by due course of law; and the
defendant shall remain imprisoned until the execution,
with all the costs and charges thereon shall be paid, or he
be discharged by due course of law: Provided-, That the
common council may remit such fine, in whole or in part,
if it shall be made to appear that the person so imprisoned
is unable to pay the same.
Section 104. All fines, penalties or forfeitures recov-
ered before any of said justices for a violation of the ordi-
nances of said city shall, when collected, be paid into the
city treasury; and each of said justices shall report, on
oath, to the common council, on the first Mondays of Jan-
uary, April, July and September, during the term for
which he shall perform the duties of such justice, the num-
ber and name of every person against whom judgment
shall have been rendered for such fine, penalty or forfeit-
ure, and all moneys so received, or which may be in his
hands, collected on such fine, penalty or forfeiture shall
be paid into the city treasury on the first Monday of the
months above named, during the time such justice shall
exercise the duties of said office, and for any neglect in
this particular he may be suspended or removed, as
hereinbefore provided.
Section 105. All persons being habitual drunkards,
destitute, and without any visible means of support, and
who, being such habitual drunkards, shall abandon, neg-
lect, or refuse to aid in the support of their families, being
complained of by such families, all able-bodied and sturdy
beggars who may apply for alms or solicit charity, all per-
sons wandering abroad, lodging in watch-houses, out-
houses, market-places, sheds, stables, or uninhabited
dwellings, or in the open air, and not giving a good account
Section 101. Fines collected under the city ordinances belong to the
city and not the county: Fennell vs. Bay City, 36 Mich., 186. The courts
draw a clear distinction between violations of the ordinances and violations
of the charter. The charter is a state law and fines for its violation go into
the county treasury: Wayne County vs. Detroit, 17 Mich., 390.


54
CHARTER OF THE
police, prescribing and defining the powers and duties of
policemen and nightwatchmen, and shall prescribe and
enforce such police regulations as will most effectually
preserve the peace and order of the city, preserve the in-
habitants from personal violence, and protect public and
private property from destruction by fire and unlawful
depredation. And the mayor may, whenever he shall
deem it necessary for the preservation of peace and good
order in the city, appoint and place on duty such number
of temporary policemen as in his judgment the emergen-
cies of the case may require; but such appointments un-
less made in accordance with some ordinance or resolution
of the common council, shall not continue longer than
three days.
Section 109. The city marshal, as chief of police
under the direction of the mayor, shall have the superin-
tendence and direction of the policemen and nightwatch-
men, subject to such regulations as may be prescribed by
the common council.
Section 110. It shall be the duty of the police and
nightwatchmen and officers of the force, under the direc-
tion of the mayor and chief of police, and in conformity
with the ordinances of the city, to suppress all riots, dis-
turbances and breaches of the peace, to apprehend any
and all persons in the act of committing any offense
against the laws of the State or any ordinance of the city,
and to take the offender forthwith before the proper court
or magistrate to be dealt with for the offense; to make
complaint to the proper officers and magistrates of any
person believed to be guilty of the violation of the ordi-
nances of the city or the penal laws of the state, and at
all times diligently and faithfully to enforce all such laws,
ordinances and regulations for the preservation of good
order and the public welfare as the council may ordain,
and to serve all process issued under any city ordinance
Section 110. As to arrests without process see note to See. 61.
!


58 CHARTER OF THE
sewers and drains shall be constructed in the public streets
and grounds and at public expense.
Section 121. Whenever the council shall deem it
necessary for the public health they may require the own-
ers and occupants of lots and premises to construct pri-
vate drains therefrom to connect with some public sewer
or drain, thereby to drain such lots and premises, and to
keep such private drains in repair and free from obstruc-
tion and nuisance; and if such private drains are not con-
structed and maintained according to such requirements,
the common council may cause the work to be done at the
expense of such owner or occupant, and the amount of
such expense shall be a lien upon the premises drained,
and may be collected by special assessment to be levied
thereon; the common council shall have the power to
compel the use of dry earth closets by the owners and oc-
cupants of lots and premises, enforce the use of the same
Section 120. In Dermot vs. Detroit, 4 Mich., 435. the court says: "The
powers granted * * * for the construction of sewers in volve the exer-
cise of discretion on the part of municipal authorities, and should be em-
ployed for the benefit of the public at large and not for the private conven-
ience or advantage of individuals; nor are the officers of a municipal cor-
poration justified in the exercise of those powers except in reference to the
public demands. The sewers are built as well for sanitary purposes as for
drainage for the benefit of the public at large; and the city owes no legal
duty or obligation to individuals in their construction, maintenance and
repair." In this case it is held that a city is not liable to a private individ-
ual for the defective construction of a sewer. The city is not obligated to
furnish drainage for an individual. But the city is liable for damages if a
sewer is so constructed as to flood private premises with water which
otherwise would not have flowed there: Ashley vs. Port Huron, 85 Mich.,
298. And a city cutting ditches in such a way as to cast and maintain
water on private property would be liable for the continuance of the nui-
sance: Pennoyer vs. Saginaw. 8 Mich., 534. Lot owners are not entitled to
compensation for the use of abutting street for the construction of sewers:
Warren vs, Grand Haven, 30 Mich., 24. The sewers of a city are the pri-
vate property of the city in which the outside public have no interest as
they have in public highways. Hence the city is liable for accidents to
persons lawfully using the highways caused by negligence during the
construction of the works even though the works are constructed by a
contractor who is bound by his contract to keep the excavations fenced
in: Detroit vs. Corey, 9 Mich., 165. The city may provide an outlet for
sewerage beyond the city limits: Coldwater vs. Tucker, 36 Mich., 474.


60
CHARTER OF THE
missioners of highways for said city, and shall have all the
powers given by statute to highway commissioners, so far
as applicable, except as in this act otherwise provided;
and shall have the care, supervision and control of the
highways, streets, bridges, lanes, alleys, parks and public
grounds therein, arid of keeping, preserving, repairing, im-
proving, cleansing and securing of such highways, bridges,
lanes, alleys, parks and public grounds. The common
council shall have power by ordinance to regulate the
time and manner of working upon the streets; to provide
for grading and paving the same; to prevent the obstruc-
tion or incumbering of any of the streets, lanes, alleys,
sidewalks or public grounds in said city; to provide for
the erection, preservation and maintenance of lamp posts
and lamps in said streets, and to provide for lighting the
same; to provide for the planting and protection of shade
trees along the sides of the streets, and on the public
grounds in said city, and to keep such public grounds in
Section 126. The streets of a city are public highways designed for the
benefit of all persons desiring to travel upon them: Detroit vs. Blackeby, 21
Mich., 84, 108. A highway is a way over which all the people of the State
have a right to travel: People vs. Jackson, 7 Mich., 432. A street includes
the whole width of public way, and while it is customary to set apart a por-
tion for foot passengers it is not necessary, and the whole matter is in the
control of the council: Brevoort vs. Detroit, 2-1 Mich , 322. The court in
Horn vs. People, 26 Mich., 221,223 says, all " highways are such solely by mun-
icipal law which may establish, regulate and destroy them at all times."
To establish a public highway In any city plat there must be an offer to dedi-
cate the lands and an acceptance by the public: Field vs. Manchester, 32
Mich., 279; Detroit vs. Detroit & Milwaukee R. R. Co., 23 Mich., 209; Buskirk
vs. Strickland, 47 Mich., 389: County of Wayne vs. Miller, 31 Mich., 447. User
by citizens is not enough to constitute an acceptance which must be by the
proper municipal authorities: Baker vs. Johnston, 21 Mich.. 319. The
acceptance must be made within a reasonable time: Field vs. Manchester,
32 Mich., 279; Cass Supervisors vs. Banks, 44 Mich., 467. See note to Howell's
Statutes sections 1473and 1474. An alley is not a high way in the proper sense
of the term. It is a way subject to a modified supervision, liable to be used for
drainage, etc., under city regulations, but it is intended only for the conven-
ience of adjacent property and not for general use like streets: Paul vs.
Detroit, 32 Mich., 108.
The council, under the power to control the streets has no right to grant
their exclusive use to Individuals: People vs Carpenter, 1 Mich., 291, and it
cannot authorize a street to be used for a railroad track without compensa-


CITY OF ANN ARBOR.
61
good condition; to lay out, open and repair streets and
alleys, and the same to alter and vacate, and to alter and
vacate those already laid out.
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, alter or discontinue any
street, common, lane, alley, sidewalk, highway or water-
course, or to build or vacate any bridge, said common
council shall give notice thereof to the owners, occu-
pants or persons interested, or his or their agent or repre-
sentative, by personal service, or by posting up notices in
five or more public places in the city, stating the time and
place when and where the common council will meet to
consider the same, which notice shall describe the street,
lane, common, alley, sidewalk, watercourse or bridge pro-
posed to be laid out, altered, opened, established or dis-
continued, built or vacated, which notice shall be posted
at least ten days before the time of meeting. If, after
tion to adjacent owners: Grand Rapids and Indiana R. R. Co. vs. Heisel, 47
Mich., 393.
The city is liable for injuries caused by the streets being out of repair.
The city mast look after defects in the streets and it is negligence to allow a
hole to remain in thestreet even though the immediate neighbors had never
had their attention called to It: Grand Rapids vs. Wyman, 46 Mich., 516.
Nobody can deprive the individual of the right to travel over a street by
putting a road out of repair or neglect of duty in repairing it: Maltby vs.
Chicago and West Mich. R. R. Co.,52 Mich., 108. But the want of repair must
be the immediate cause of the injury: Agnew vs. Corunna, 55 Mich., 428.
The liability of the city to persons injured by reason of defective streets,
bridges, sidewalks, crosswalks or culverts is fixed by Act No. 264 of the Pub-
lic Acts of 1887, which abrogates the common law liability and previous
laws upon the subject. The permission of the city given in an ordinance to
use a certain street for coasting does not make the city liable for any injur-
ies resulting from coasting. Parties injured have their right of action
against the person infiicting the injury: Burford vs. Grand Rapids, 53
Mich., 98.
The council has discretionary power in fixing grades. Adjoining prop-
erty owners cannot collect damages from the city by reason of a change of
grade of the streets, even though buildings had been previously erected with
reference to the established grade: Ponttac vs. Carter, 32 Mich., 65; Detroit
vs. Beckman, 35 Mich., 293. But the city cannot grade its streets in such a
way that the embankment will rest upon the land of an individual
without compensation for damages to his land: Vanderslip vs. Grand


CITY OF ANN ARBOR.
63
course, or building,'or vacating any bridge. Upon the re-
ceipt of such application, said justice shall make a list of
twelve disinterested freeholders residing within the county,
and shall issue venire, under his hand, directed to the
marshal of said city, or any constable of said county, com-
manding the officer therein named to summon the persons
named in said list to be and appear at his office on some
day to be named therein, not less than six days nor more
than twelve days from the time of the issuing the same, to
serve as jurors to appraise the damages occasioned by tak-
ing the property described in such application for the pur-
pose of such street, common, lane, alley, sidewalk, highway,
watercourse or bridge, or for discontinuing the same; and
if all the jurors shall not appear, the said justice shall
cause a sufficient number of talesmen to be summoned to
make a full jury. The jurors shall be sworn by such jus-
tice to appraise the damages occasioned by taking the
property described in such application for the purpose
aforesaid, or by any discontinuance. They shall proceed
to view the premises described, and shall, within five days
thereafter, make returns to the said justice in writing,
signed by them, of their doings, which shall state the
amount of damages awarded, if any, to whom payable, if
known, and a statement of the time spent by them for that
purpose, which return shall be certified by said justice and
filed in the office of the clerk. Such jurors shall be en-
titled to receive one dollar per day and fifty cents for each
half day, and six cents a mile for each mile actually trav-
eled, and the justice and the marshal or constable each one
dollar for their fees; and the award of said jury shall be
final and conclusive. The damages which shall have been
awarded as heretofore provided, or which shall have been
are in a highway and must be removed, notice must be given to the owner
of the adjacent land and a reasonable time given him to remove them.
When a street commissioner acts on his own judgment in ordering the trees
removed, he must be prepared to justify his action by showing that they
were an obstruction and injury to the highway: Clark vs. Dasso, 34 Mich.,86.


64
CHARTER OF THE
contracted to be paid by said common council, as in this
section provided, and the fees and charges lawfully in-
curred shall be levied and collected in said city, and shall
be paid on the order of the common council as the other
city charges, and such order for damages shall be delivered
or tendered to the person or persons in whose favor such
award of damages shall be made, if known, and residents
of said city, before such street, lane or alley shall be
opened or used: Provided, The parties in whose favor an
award of damages shall be made are unknown or be non-
residents, it shall be sufficient to make award of damages
to the unknown owner or owners, or non-resident owner
or owners of the parcel of land taken, describing it as the
parcel through which the street, lane, alley, sidewalk,
bridge or highway may run, and the unknown parties or
Section 127. The right to take property for public use is given by the
constitution: Const. Art. 15, Sec. 15; Art. 48, Sec. 2. Before such property
can be taken it must appear that the taking is necessary for the public use
for which it is designed, and the taking can only be on the condition of
making just compensation therefore: Sheldon vs. Kalamazoo, 24 Mich., 388;
Detroit vs. Beckman, 34 Mich., 126. The amount of the compensation must
bedetermined by the jury, the verdict of which must be unanimous: Paul
vs. Detroit, 32 Mich., 108; Powers Appeal, 29 Mich., 504; Campau vs. Detroit,
14 Mich., 283; Hinchman vs. Detroit, 9 Mich., 103. The proceedings must be
In strict conformity with the statute and every provision bearing on the
rights of the parties to be effected must be observed: People vs. Brighton, 20
Mich.,57; Specht vs. Detroit, 20 Mich., 172; Powers Appeal, 29 Mioh., 504.
Personal service of the notices of street opening is necessary when such ser-
vice can be had within the municipality: Kundinger vs. Saginaw, 59 Mich.,
355. This case takes up many questions arising under this section, and
decides that a juror who is interested in having a street opened on account
of some special gain or convenience m ly be challenged for cause; it is not
necessary for the justice to make affidavit that he is not interested in the
street; the right to appeal is not necessary to the validity of this section;
the same jury may condemn land belonging to several persons if necessary
for the opening of the street as it is not contemplated that more than one
jury shall be called upon to determine the necessity of the street. Surplus-
age in the notice given will not vitiate it: Shepard vs. Gates, 50 Mich., 495.
But the description of ttte proposed route must not be uncertain: Blodgett
vs. Wbaley. 47 Mich., 469. Absence of the proof of notice is fatal: Blodgett
vs. Whaley, 47 Mich., 469; Granger vs. Brockway, 40 Mich., 165. It is indispen-
sible that the j ury should be impartial, and the city being one of the parties
it would be highly objectionable if not fatal to the proceedings if the city
attorney should counsel the jury or assist in making their report: Paul vs.
Detroit, 32 Mich., 108.


66
CHARTER OF THE
any part thereof, by reason of encroachment or inclosure
of the same.
Section 130. The common council shall have power
to assess and levy by a tax the expenses of making, grad-
ing, paving, opening, widening and repairing streets, lanes
and alleys, and of putting curbstones, gutters and culverts
therein; of grading, paving or planking, repairing and re-
newing sidewalks, of draining low lands, of making drains
and sewers and other local improvements upon the lots,
premises and subdivisions thereof, which are in front of
or adjoining such streets, sidewalks, drains, sewers and
other improvements, or upon lots and premises which in
the opinion of the common council are most benefitted
thereby, or by a general tax, as they may deem proper;
and the common council shall have the power to make all
by-laws and ordinances relative to the mode of assessing,
levying and collecting such taxes: Provided, That the
common council in providing for the expense of grading
and paving streets, lanes and alleys, may include the nec-
essary cross walks, gutters, curbing and ballasting, and
shall apportion such expense upon a local assessment dis-
trict to be constituted of the lots or premises fronting upon
that part of the street or alley proposed to be paved, or
constituted of lots and premises, fronting upon such im-
provements, and such other lands as in the opinion of the
common council may be benefitted by such improvement.
When such assessment is to be made upon lots or premises
Section 130. Special assessments upon adjacent lots and property ben-
efited to defray the expense of public improvements are constitutional, but
every requirement of tbe statute must be strictly complied with: Williams
vs. Mayor, 2 Mich., 560. It is competent to assess the cost of local improve-
ments upon the property deemed benefited thereby in proportion to the
benefits: Hoyt vs. East Saginaw, 19 Mich., 39. When a local assessment dis-
trict is made, the council must|deflne the district. This duty cannot be
delegated by the council to others: Scofield vs. Lansing, 17 Mich., 57; Hoyt
vs. East Saginaw, 19 Mich., 39. Local assessments may be apportioned
according to frontage under legislation which permits that method to be fol-
lowed: Sheley vs. Detroit, 45 Mich.,43i. As to assessment districts for street
opening see Rentz vs. Detroit, 48 Mich., 541.


CITY OF ANN ARBOR.
67
in proportion to their frontage upon such improvement, if
from the shape or size of any such lots or premises an
assessment thereon in proportion to its frontage would be
unjust and disproportionate to the assessments upon other
lots, the common council may assess such lots for such
number of feet frontage as in their opinion will be just;
and said council may direct a just portion of such assess-
ment to be paid from the general street fund: Provided,
further, That no such assessment for the pavement of any
street or alley shall be made or collected other than by
general tax, unless upon the application in writing for
such pavement signed by a majority of all the owners or
occupants of the real estate which may be subject to
assessment for such pavement.
Section 131. The common council shall have power
to assess and collect from every male inhabitant of said
city over the age of twenty-one years, except paupers,
idiots, and lunatics, and all persons fifty years old and
over, a list of whom shall be made out by the assessor at
the time of making the annual assessment rolls, an annual
capitation or poll tax, not exceeding one dollar, and they
may provide by ordinance for the collection'of the same,
provided that any person assessed for a poll-tax may pay
the same by one days labor upon the streets, under the
direction of the street commissioners, and the money
raised by poll tax or labor in lieu thereof shall be expended
or performed in the respective wards where the person so
taxed shall reside.
Section 132. Whenever the common council shall
deem it expedient to construct, repair, or renew any side-
walks within the limits of said city, they may, by ordi-
nance or otherwise, require the owner of any lot or prem-
ises adjoining said street to construct such sidewalk or re-
pair or renew the same in front of his or her lot or prem-
ises, in accordance with the provisions of this act. The
common council may, by ordinance or otherwise, under


68
CHARTER OP THE
such penalty or penalties as they may prescribe, require
the owners or occupants of lots or premises in said city,
or in any specified part thereof, to grade, construct, repair
and renew sidewalks adjoining their respective premises
in such manner as the common council may direct. If
the owner or occupant of any lot or premises, after notice
so'to do shall have been posted on such lot or premises or
otherwise given, served, or published, as the common
council may direct by ordinance, resolution or otherwise,
shall fail or neglect to construct, repair or renew any side-
walk or to clear away any snow, ice or other obstruction
from any sidewalk or to widen any street adjoining such
lot or premises within such time as the common council
may prescribe or require by ordinance, resolution, or
otherwise, the board of public works may cause the same
to be done at the expense of the city, and such expense,
with ten per cent, added, shall be deemed to be a special
assessment upon such lot or premises, and the common
council may add the same to the amount of the general
city tax on such lot or premises in the proper district tax
roll made the same year the said expense for such im-
provement was incurred or next thereafter to be made;
and the amount so added shall be a lien on tho premises
in the same manner as the state, county and other city
taxes to which it is added, and may be collected and en-
forced, and, if not paid, the land sold therefor in the man-
ner as for other ordinary taxes, and at the time of the sale
of any such lot or premises for such delinquent tax or
taxes, the city clerk or other officer of the city may cause
the same to be bid off to the city in its corporate name,
and if not redeemed within the time allowed by law, the
city shall be entitled to a deed of such lot or premises
from the auditor general as provided in all other cases,
which deed shall be prima facie evidence of the regular-
ity of all the proceedings by the common council and
other officers of the city relating to such local improve-
ment and assessment of the costs upon such lots or prem-


70
CHARTER OF THE
tors. The members of such board shall be appointed by
the mayor, subject to the approval of the majority of the
members elect of the common council, and shall hold
office for the term of three years and until their successors
are appointed and qualify, the said term to commence on
the fifteenth day of May.
Section 135. The first members composing such
board shall be appointed, one for the term of one year,
one for the term of two years and one for the term of three
years from the date of their appointment; and said mayor
shall annually nominate to the common council on the
first Monday in May, or as soon thereafter as may be, a.
member of such board, for the term of three years. The
members first appointed under this act shall, within ten
days from the date of their appointment, meet and organ-
ize the said board of public works by the election of one
of their number as president; and the common council
shall thereupon, and at all time thereafter, provide the
board with a suitable office room for its meetings and bus-
iness uses, and supply record books, stationery and other
things necessary for the transaction of the business in
charge of said board and provide for the payment, in like
manner as other accounts against the city, of all necessary
and lawful expenses incurred by said board.
Section 136. Said board of public works shall, after
the said public improvements have been first duly ordered
by the common council, have supervision and charge of
the construction and repair of all sidewalks, cellars under
sidewalks, crosswalks, culverts, bridges, platforms, foun-
tains, and reservoirs; the construction, repair and exten-
sion of all the main and lateral sewers and drains; the
erection, alteration, and repair of all engine houses, police
stations, city halls, and other public buildings of every
description in said city, except school houses and buildings
for water-works; the deepening and cleaning of ditches
and gutters; the cleaning, repairing, grading, planking,
graveling, or covering with other material of all streets


CITY OF ANN ARBOR.
71
and alleys; the laying out and improvement of all parks
and public grounds; and shall in addition thereto, exer-
cise such other powers, and perform such other duties, in
the superintendence, construction, and care of public
works and improvements as the common council may
from time to time by ordinance direct. Said board of pub-
lic works may recommend a change of grades for streets,
alleys, lanes, and sidewalks to the common council, but
shall make no change in the established grades of any
streets, alleys, lanes, gutters or sidewalks of the city with-
out the consent of the common council, made in pursuance
of an ordinance of the city establishing all said grades.
All plats or additions to the city shall be first submitted
to the board of public works for its approval before the
same are recorded.
Section 137. Whenever the common council of said
city shall have decided upon the making of any public im-
provement it shall so declare by resolution and shall refer
the matter to the board of public works and such other
board or boards as may be interested therein and said
board or boards, with all convenient dispatch shall deter-
mine as to the particular kind of materials to be used
therefor, and estimate, in detail the quantity of materials,
the probable cost and expense of such work and of the
materials and make a record thereof in their office; and
cause to be prepared, so far as necessary, plans and speci-
fications for such work or improvement; and report the
determination and estimate to the common council. When
such plans and specifications have been submitted to the
common council, and approved by it, the said board of
public works shall, except in the case of cleaning the
ditches and gutters, and the repair of streets and sidewalks,
advertise for the proposals for furnishing of material and
Section 136. Where the board of public works change the grade of a
street without the authority of the common council, the contractors making
excavations under such unauthorized act of the board are liable to trespass
fc r so doing: Lamed vs. Briscoe, 62 Mich., 393.


72
CHARTER OF THE
for the performance of such work; and may require all
bidders to furnish security for the performance of any con-
tract awarded to them; and all bids submitted to said
board shall be publicly opened by it, and, as soon there-
after as may be, reported by the said board to the common
council together with its recommendation in respect there-
to; and no contracts shall be let by the said board until
duly authorized by the common council; and no expendi-
tures for any purpose exceeding twenty-five dollars shall
be made by the said board except by consent of the com-
mon council.
Section 138. All contracts made by said board shall
be in the name of the city of Ann Arbor; shall first be ap-
proved, as to form, by the city attorney, shall be executed
by the president and clerk of said board; and said board
shall have direction of the performance thereof. The board
shall reserve the right, in all contracts, to determine all
questions as to the proper performance of such contracts,
and as to the completion of the work specified therein;
and in case of the improper, dilatory, or imperfect per-
formance thereof, to suspend work at any time and to
order the partial reconstruction of the same, it improperly
done; to relet the work covered by said contract, or any
unfinished portion thereof; or, by its employes, to take
Section 137. In Butler vs. Detroit,-13 Mich., 5-52, it was held that bids
cannot be invited until an estimate and report is made to the council. The
provision requiring the board of public works to make an estimate to the'
council is mandatory. The court said: "The plain purpose of this section is
to prevent the council going forward with any work involving the expendi-
ture of money without first considering both its expediency and probable
cost. If they can take no definite steps and expend no money until they
have had the views of a board especially familiar with the subject and a re-
liable estimate of the burdens to be created, each one votes upon the scheme
with bis eyes open." If the board adopts, approves and reports to the coun-
cil an estimate made by the city surveyor, lt is a sufficient observance of the
charter provision that an estimate be made: Cuming vs. Grand Rapids, 4lI
Mich., 150. An advertisement, for bids purporting to emanate from the
Board of Public Works office, signed , President, and stating that
bidders are required to file satisfactory bonds with the Board of Public
Works, and the expense of advertising is properly included in an assess-
ment for street paving: Beniteau vs. Detroit, 4I Mich., 116.


CITY OP ANN ARBOR.
73
possession and complete the same, at the expense of the
contractor. It shall also have the right, by proper provis-
ions, in all contracts, to retain a sufficient sum from the
contract price to pay and discharge all debts incurred by
the contractor for labor performed upon any public work;
and upon the failure of the contractor to pay the same, to
make payment thereof to the parties entitled thereto, and
charge the amount so expended against the contract price.
Said board of public works i hereby authorized to com-
mence and prosecute, in the name of the city, any suits or
proceedings for the recovery of damages for the breach of
any such contract entered into by said board, or to enforce
the performance of any such contract.
Section 139. Said board shall have the power to ap-
point, subject to the approval of the common council, a
city engineer, who shall hold office during the pleasure of
the said board, shall make all surveys required for the lay-
ing out, construction, alteration, repair and improvement
of streets, sewers, water-mains, cemeteries, parks, public
grounds and buildings, and prepare all necessary plans,
profiles and specifications therefor, and perform the civil
engineering work of said city of every description, as re-
quired by the common council, the said board of public
works, or any other lawful authority of said city: Said
engineer may, subject to the approval of the board of pub-
lic works, appoint such assistants under him as are re-
quired for the proper and prompt performance of his duties,
and discharge such assistants at pleasure. Said board shall
also have the power to appoint suitable persons who shall
have the personal supervision of the construction and re-
pair of public buildings; and the said board shall appoint
a street commissioner, who shall have charge of the grad-
ing, paving, improving, cleaning and care of the streets,
sidewalks, alleys and public grounds, the construction of
sidewalks, and the cleaning and deepening the ditches,
drains and gutters, under the direction of said board of
public works, who may remove the said street commis-


74
CHARTER OF THE
sioner at pleasure, and may appoint such other subordi-
nates as may be necessary to enable the board to properly
perform the duties devolving upon it. Said board shall
determine the compensation of said engineer and other
appointees of said board, subject to a change by a major-
ity vote of all the members elect of the common council;
and all other claims for the same, when certified by the
board, shall be submitted to the common council for allow-
ance and payment, in the same manner as other claims
against the city.
Section 140. The said board shall classify the vari-
ous works under its control, and keep an accurate account
of the cost of each, and of the amounts expended for con-
struction, repairs, superintendence, and salaries of era
ployes, and, also, detailed accounts of all other matters
under its charge and control, and upon the first Monday
of January of each year, and oftener if required by the
common council, shall submit to it a statement, showing,
in detail, the progress and condition of all the public im-
provements commenced or oarried forward by said board;
the character and amounts of all contracts made by the
board; the moneys earned and paid thereon; and all
other information necessary to the full understanding of
the business conducted by said board. The board shall
from time to time make estimates of the amounts earned
and payable upon any contract for work done and mate-
rials furnished, and report the same to the common coun-
cil; and thereupon it shall be the duty of the common
council, without unreasonable delay, to order payment
from the proper funds, of the amount so reported.
Section 141. The city attorney shall act as legal ad-
visor of said board; and the city clerk shall be the clerk
thereof; and shall keep a full record of its proceedings,
showing the vote by ayes and nays, of each member upon
all orders, resolutions or recommendations, which records
shall be deemed to be public records, and shall at all
times be open to the public inspection ; and a copy thereof


80 CHARTER OF THE
any two fire commissioners, 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; but if any person having an interest in the
building shall apply to the common council within three
months after the fire, for damages or compensation for
such building the common council shall pay him such
compensation as may be just. They may ascertain such
damage by agreement with the owner, or by the appraisal
of the jury, to be selected in the same manner as in the
case of juries to appraise damages for taking private prop-
erty for public use; and the common council may cause
the amount of any damages determined upon to be de-
frayed by a special assessment upon the property which
in their opinion was protected or benefited by the destruc-
tion of such building; but no damages shall be paid for
the amount of any loss which would have probably oc-
curred to such if it had not been pulled down or destroyed.
Section 157. The said fire department, its officers
and men, with their engines and apparatus of all kinds,
shall have the right-of-way going to any fire or in any
highway, street or alley, over any and all vehicles of every
kind, except.those carrying the United States mail; and
any person who shall refuse the right of way, or in any
manner obstruct any fire apparatus, or any of said officers
and men while in the performance of their duties, or shall
drive over or cut any hose, shall be guilty of a misde-
meanor and liable to punishment for the same. It shall
be lawful for said board to send an engine, with hose and
apparatus, to the relief of any community in the vicinity
of Ann Arbor.
Section 158. Whenever a person or corporation shall
be desirous of erecting or altering any building within
the fire limits of said city, he, she or they shall make ap-
plication at the office of the chief of the fire department


CITY OF ANN ARBOR.
81
for a permit for that purpose, and shall furnish for the ex-
amination of said chief a written statement of the pro-
posed location, the dimensions, the manner of construct-
ing the proposed building or alteration, the material to
be used, the estimated cost, and the contract for comple-
tion. It shall be the duty of the chief, on receiving such
application, to inspect the location, and to fully examine
the question of granting such permit, and if he shall be
satisfied that the building or alteration proposed will com-
ply with the ordinances of the city, and the erection of
the same will in any other respect be proper, he shall;
subject to the approval of the board of fire commissioners,
give such applicant a permit therefor, and such applicant
shall pay to the chief the sum of one dollar, if the esti-
mated cost of said building or alteration shall be less than
one thousand dollars; two dollars if it shall be more than
one thousand dollars and less than five thousand dollars,
and for every additional one thousand dollars over five
thousand dollars, the further sum of fifty cents. All
moneys so received by the chief shall be paid by him into
the city treasury at least once a month, and a detailed state-
ment thereof, giving the date when, and the name of the
person from whom received, shall be filed in the office of
the city clerk.
Section 159. It shall be the duty of the chief of the
fire department to visit and inspect each building which
may be in the course of erection, construction or altera-
tion within the fire limits of said city, and to see that such
house or building is being erected, constructed or altered
according to the provisions of the city ordinances and the
permit so granted, and in a manner adapted for the se-
curity thereof against fires, and the safety of the occu-
pants. His visits and inspection may be repeated from
time to time until such house or building is completed,
when he shall, if requested, furnish the owner or con-
structor with a certificate that said house or building is in
all respects conformable to law and properly constructed.


82
CHARTER OF THE
Section 160. It shall be the duty of the board of fire
commissioners to cause the chief of the department to
examine into the cause, circumstances and origin of all
fires occurring in said city, by which any building, erec-
tion or valuable personal property shall be accidently or
unlawfully burned, destroyed or damaged, and to especi-
ally inquire and examine whether such fire was the result
of carelessness or the act of any incendiary. The chief
of the fire department may take the testimony of all per-
sons supposed to be cognizant of any facts connected with
such fire; said testimony shall be reduced to writing and
shall be transmitted to the board of fire commissioners,
together with a report by the chief of the fire department
embodying his opinion in regard thereto. The chief of
the fire department shall also report to the chief of police,
to the prosecuting attorney of Washtenaw county and to
the owners of property or other persons interested in the
subject matter of such investigation, any facts or circum-
stances which he may have ascertained which shall in
his opinion require attention from or by said officers or
persons.
THE PUBLIC HEALTH.
Section 161. There shall be a board of health in
said city which shall consist of three members, one of
whom shall be a competent physician; they shall be ap-
pointed by the mayor, by and with the consent of the
common council, for the full term of three years; but the
members shall be subject to classification in such manner
that one term shall expire each year.
Section 162. The said board shall have and possess
all the powers given by the general statutes of this State
to boards of health in townships, in addition to those
herein particularly enumerated, except when the powers
granted would conflict with the provisions contained in
this charter. Said board of health shall have power and
it shall be their duty to take such measures as they shall


CITY OF ANN ARBOR.
83
deem effectual to prevent the entrance of any pestilential
or infectious disease into the city; to stop, detain, and ex-
amine for that purpose every person coming from any
place infected or believed to be infected with such a dis-
ease; to establish, maintain, and regulate a pest-house or
hospital at some place within the city or not exceeding
three miles beyond its limits or bounds; to cause any per-
son not being a resident of the city who shall be or is sus-
pected of being infected with any such disease, to be sent
to such pest-house or hospital; to cause any resident of
the city infected to be removed to such pest house or hos-
pital if the health physician and two other physicians of
the city, including the attending physician of the sick
person, if he has one, shall certify that the removal of
such resident is necessary for the public health: Pro-
vided, It can be done with safety to the patient; to re-
move from the city or destroy any furniture, wearing ap-
parel, goods, wares and merchandise, or other articles of
property of any kind, which shall be suspected of being
tainted or infected with any pestilence, or which shall be
in or likely to pass into such state as to generate and
propagate disease; to abate all nuisances of every de-
scription which are or may be injurious to the public
health in any way or in any manner they may deem ex-
Section 162. The powers given to township boards of health and which
are by this section given to the board of health of the city are found in How-
ell's Statutes, sections 1633 to 1690. The authority of the board of health to
guard against small-pox extends to making contracts for nursing patients and
destroying Infected clothing, and when they have allowed accounts for such
services rendered and property destroyed, the board of supervisors must
pass such accounts and can be compelled by mandamus to do so; they cannot
refuse on the ground that the patients were themselves able to pay; Elliott
vs. Kalkaska Supervisors, 58 Mich., 452. But compensation cannot be col-
lected for the use of a house for a small-pox patient, which was already
Infected with small-pox: Farnsworth vs. Kalkaska Supervisors, 56 Mich.,
640. The supervisors may pass upon the pecuniary ability of the patient to
pay for the necessaries furnished: People vs. Macomb Supervisors, 3 Mich.,
475. But the public is, in the first instance, liable to pay. If they were not, it
would be impossible to adequately provide against epidemics: Rae vs. Flint,
51 Mich., 526.


CITY OF ANN ARBOR.
85
collected shall be paid into the treasury, and be devoted
to the maintenance and support of the pest-house, or of
any hospital hereafter established by the city.
Section 167. The common council shall have power
to pass and enact such by-laws and ordinances as they
from time to time shall deem necessary and proper for the
filling up, draining, cleansing, and regulating any grounds,
yards, basins or cellars within the said city that shall be
sunken, damp, foul, encumbered with filth and rubbish,
unwholesome, and for filling, or altering amending all
sinks and privies within the said city, and for directing the
mode of constructing them in future, and to cause all such
works as shall be necessary for the purpose aforesaid and
for the preservation of the public health and the cleanli-
ness of the city, to be executed and done at the expense ot
the city corporation, on account of the persons respectively
upon whom the same may be assessed and for that pur-
pose cause the expenses thereof to be estimated, assessed
and collected, and the lands charged therewith sold in
case of non-payment, the same as provided by law with
respect to other improvements within said city, and in all
cases when the said by-laws or ordinances shall require
anything to be done in respect to the property of several
persons, the expenses thereof may be included in one as-
sessment, and the several houses and lots in respect to
which such assessment shall have been incurred, shall be
briefly described in the manner required by law in the
assessment roll for the general expenses of the city, and
the sum of money assessed to each owner or occupant of
any such house or lot, shall be the amount of money ex-
pended in making such improvement upon such premises,
together with the ratable proportion of the expenses of
assessing and collecting the money expended in making
the improvements.
Section 168. Whenever, in the opinion of the com-
mon council, any building, fence or other erection of any


86
CHARTER OF THE
kind, or part thereof, is liable to fall down, and persons or
property may be endangered, they may order any owner
or occupant of the premises on which said building, fence
or other erection stands to take down the same or any part
thereof within a reasonable time, to be fixed by said order,
or immediately, as the case may require, or may immedi-
ately, in case the order is not complied with, cause the
same to be taken down at the expense of the city, on ac-
count of the owner of the premises, and assess the same
on the land on which it stood. The order, if not imme-
diate in its terms, may be served on any occupant of the
premises or be published in the city papers, as the com-
mon council shall direct.
Section 169. The members of the board of health
and the health officers shall receive such compensation for
their services as may be allowed by the common council.
FINANCE AND TAXATION.
Section 170. The common council shall examine,
settle and allow all accounts and demands properly charge-
able against the said city, as well of its oflicers as of other
persons, and shall have authority to provide means for the
payment of the same, and for defraying the contingent ex-
penses of the said city, subject only to the limitation and
restrictions in this act contained. The fiscal year shall
commence on the first day of February in each year.
Section 171. The common council shall have author-
ity to assess, levy, and collect taxes on all the real and
personal estate taxable in said city, which tax shall be and
remain a lien upon the property so assessed until the same
shall be paid: Provided, That the aggregate amount
which the council may raise by general tax upon the tax-
able real and personal property for the purposse for which
the several general funds are hereinafter constituted shall
not, except as herein otherwise provided, exceed in any
one year one-half of one per cent, on the assessed value
ot all the real and personal property in the city made tax-


88
CHARTER OF THE
walks, and for the care thereof, and for the construction
and maintenance of bridges.
Fourth. Water fund. For providing water supply for
fire and other public purposes.
Fifth, Police fund. For the maintenance of the police
of the city and to defray the expense of the arrest and
punishment of those violating the ordinances of the city.
Sixth, Poor fund. For the support and relief and
maintenance of the poor.
Seventh, Cemetery fund. For the purchase or care of
the public cemeteries, and for the removal of bodies buried
within the city.
Eighth, Such other general funds as the council may
from time to time constitute: Provided, That the amount
to be raised by tax for each of the above funds shall be
determined by the common council prior to the levy and
no transfer shall be made from one fund to another except
by a three-fourths vote of all the members of the common
council elect.
Section 173. It shall be the duty of the city assessor,
as soon as possible after entering upon the duties of his
. office, to ascertain the taxable property of the city, and the
persons to whom it should be assessed and their residence,
and on or before the second Monday in June each year he
shall make and complete an assessment roll for each and
every ward in said city, upon which he shall set down the
name of persons liable to be taxed for personal property
in the city, and also a full description of the real property
liable to be taxed therein. In making'such rolls he shall
be governed by the general laws of the state providing for
the assessment of property and the levy and collection of
taxes thereon, and shall have all the powers conferred up-
on the supervisors of townships.
Section 173. For the general duties of the assessor in making the
assessment and of the board of review see Act No. 153 of the Public Acts of
1885, and Act No. 251 of the Public Acts of 1887.


CITY OF ANN ARBOR.
91
in the notice: Provided, That the'aggregate amount of
city taxes levied shall not in any one year exceed one per
cent, of the valuation of the real and personal estate tax-
able within the limits of the city: Provided also, That
no more than two such meetings shall be held in any cal-
endar year. The polls at any such meeting shall be kept
open at least six hours, and the common council shall ap-
point three of its members to act as inspectors. The city
clerk shall be the clerk of such meeting and shall keep a
poll list of the electors voting.
Section 178. All State, county and school taxes in
said city, and all city taxes which shall be raised by a gen-
eral tax, shall be levied and collected, as near as may be,
in the same manner as provided by the law for the assess-
ment and collection of taxes by township officers; and all
proceedings lor the return, sale and redemption of real es-
tate for non-payment of taxes, shall be in conformity with
the proceedings for the return, sale and redemption of real
estate as required by the laws of this State.
Section 179. Whenever the common council shall
authorize a tax to be levied, for any special purpose, and
which cannot be included in the assessment roll, and col-
lected and returned for non payment, as provided in the
preceding section of this act, it shall be lawful for the com-
mon council to apportion such tax upon the property tax-
able for such purpose, according to the valuation contained
in the then last assessment roll, and shall place the tax in
a column opposite the valuation of the property; and
where such roll is completed, the city clerk shall make
and deliver a copy thereof to the treasurer of said city, to-
gether with a warrant or warrants, signed by the mayor
and city clerk, commanding such treasurer to collect from
the several persons named in said roll, opposite their re-
spective names, within a time in said warrant specified,
not less than thirty days nor more than ninety days from
the date thereof, together with a collection fee of one per


94 CHARTER OF THE
pay the tax or taxes assessed against him or them, and ob-
tain the treasurers receipt therefor.
Section 184. Upon all taxes paid to the treasurer be
fore the first day ot January, he shall add one-half of one
per cent, for collection fees; and upon all taxes collected
by him after the said first day of January, he shall add
one and one-half of one per cent, for such collection fees,
and collect such percentage with such tax, in the same
manner as he is authorized to collect the tax; and for the
purpose of collecting such fees by the treasurer, such per-
centage shall be deemed and taken to be a part of the tax.
Section 185. The treasurer of said city shall proceed
to collect the taxes in the several wards, and on or before
the first day of February shall account for and pay over to
the county treasurer the amounts specified in the several •
warrants to be collected for State and county purposes,
and shall return to the said county treasurer a statement
of the taxes remaining unpaid and due, in the manner
provided by law for township treasurers; and all the pro-
visions of the laws of this State relating to the collection
of taxes by township treasurers, or to the paying over of
money by the township treasurers to the county treasurer,
or returning by the township treasurer to the county treas-
urer of a statement of the taxes remaining unpaid and due,
are hereby made applicable to the treasurer of said city.
Section 186. No bond, note, or other obligation or
evidence of indebtedness of said corporation, except orders
on the treasurer, as hereinafter provided, shall ever be
given or issued by said corporation, or by any officer there-
of, in his official capacity, whereby the said city shall be-
come obligated to pay any money, unless the same shall
have been duly authorized by the legislature of this state,
and shall have been submitted to and voted for by a ma-
jority of the electors of said city voting thereon, in con-
formity to this act; but the common council may allow
just claims against the city, and may issue orders therefor


CITY OF ANN ARBOR.
95
on the treasurer or payable on presentation from any
moneys then in the treasury, on the first day of February
thereafter; but such second named class of orders shall
not, in any fiscal year, exceed the aggregate taxes levied
in such year for the payment of the same. All moneys
collected for the use of the city shall be paid into the city
treasury, and no moneys shall be paid from the treasury
unless it shall have been previously appropriated by the
common council to the purpose for which it shall be drawn.
The treasurer shall pay out no money except upon the
written warrant of the mayor and city clerk, which war-
rant shall specify the fund from which the money is to be
paid: Provided, That school moneys shall be paid to the
treasurer of school district number one of the city of Ann
Arbor upon the warrant of the president and secretary of
said board.
MISCELLANEOUS.
Section 187. The assessor and supervisor of each
ward and city clerk shall at the time appointed in each
year for the return of the several ward assessment rolls,
make a list of persons to serve as petit jurors, and a list
to serve as grand jurors for the ensuing year, of the qual-
ifications and in the manner prescribed by law.
Section 186. A contract cannot be made for a series of years, under
this section. The limit to the amount of tax to be raised by the council each
year was held, in Niles Water Works vs. Niles, 59 Mich., 311, to prevent the
making of a thirty years water contract without a vote of the people. The
council cannot burden the revenues of succeeding years: Putnam vs. Grand
Rapids 58 Mich , 416. Where there is no money in a specific fund to pay
orders against it, a suit will not lie on the orders: Second National Bank of
Lansing vs Lansing, 25 Mich., 207; Goodrich vs. Detroit, 12 Mich.. 279. As-
sumpsit will not lie against the city upon city orders. The remedy for the
improper refusal of payment upon orders properly drawn is by mandamus;
Peterson vs. Manistee, 36 Mich., 8. Warrants drawn upon the city treasurer
are not negotiable instruments and while in the hands of a person to whom
they have been sold are subject to all the equities existing between the
payee and the city, without reference to the good faith of the holder; Miner
vs. Vedder., 65 Mich. When any work or local Improvement is payable
from a particular fund and the council misappropriates or transfers the
money in this fund, the city at large is liable therefore: Chaffee vs. Granger,
6 Mich., 51; Lansing vs. Gorder, 24 Mich., 456.


96 CHARTER OF THE
Section 188. Any person who may be required to
take any oath or affirmation, under or by virtue of any
provision of this act, who shall, under such oath or affirm-
ation, in any statement or affidavit, or otherwise, willfully
swear falsely as to any material fact or matter, shall be
deemed guilty of perjury.
Section 189. If any suit shall be commenced against
any person elected or appointed under this act to any
office, for any act done or omitted to be done under such
election or appointment, or against any person having
done any thing or act by the command of any such officer,
and if final judgment be rendered in such suit, whereby
any such defendant shall be entitled to costs, he shall re-
cover double costs, in the manner defined by law.
Section 190. The common council 6f said city is
hereby authorized and required to perform the same duties
in and for said city as are by law imposed upon the town-
ship boards of the several townships of this State, in re-
lation to schools, school taxes, county and State taxes,
and State, district and county elections; and the super-
visors and assessors, justices of the peace and city clerk,
and all other officers of the city, who are required to per-
form the duties of township officers of this State, shall
take the oath, give the bond, perform like duties, and re-
ceive the same pay and in the same manner and be sub-
ject to the same liabilities, as provided for the correspond-
ing township officers, excepting as is otherwise provided
in this act, or as may be provided by the ordinances of
the common council.
Section 191. The ordinances now in force in the city
of Ann Arbor shall remain in lorce until repealed, altered,
or amended by the common council; and all property,
rights, credits and effects of every kind, belonging to the
city of Ann Arbor, shall be and remain the property of
the said city of Ann Arbor.
Section 192. All acts heretofore enacted in regard to





INDEX TD CHARTER.
A.
SECT1ON. PAGE.
Absence of mayor 49 20
of marshal 63 27
of president of the council 71 31
Accounts, allowed by council 170 86
Actions against city, how commenced 100 50
claim first presented to council 100 50
for damages from sidewalks 133 69
none for destroying buildings at fires- 156 80
against officers 189 96
Acts repealed 192 96
Aldermen, members of board of registration. 7 8
• inspectors of elections 18 12
election of :30 15
term of 34 16
oath of office- 37 17
members of common council 50 20
duties of 50 20
conservators of the peace 50 20
constables to obey orders of—.— 60 25
to receive notice special meetings- 73 32
may request special meetings
called 73 32
not eligible to paid appointive
office 82 35
cannot be bondsmen or surety 82 35
expulsion of 83 35
Alleys, encumbering 88 40
regulations for lighting 88 43
councils control over 126 59
opening or vacating 127 61
paving -.. 130 66
in charge of board of public works— 136 71


4
INDEX TO CHARTER.
SECTiON. PAGE.
Bells, ringing of 88 41
Beggers, may be punished 88 40
punishable 105 52
Bids, when required 137 71
security to be furnished 137 72
reported to council 137 72
advertisement for proposals 137 71
Billiard Tables, licensed and regulated 88 38-43
Bills of Mortality 88 41
Board of Fire Commissioners,
appointment of 31 15
when appointment of members made.- 32 16
oath of office 37 17
clerk of 53 22
organization of 145 77
to serve without compensation 145 77
power to establish a fire department— 146 77
to organize lire companies 146 77
to make rules and regulations 146 77
to nominate chief of fire department—- 147 77
secretary of board 147 77
purchases of 148 77
to construct cisterns and reservoirs 148 77
chief of department under direction of- 149 78
to command assistance in case of fire-- 149 78
appoint fire wardens 151 78
remove buildings, boilers etc., as nui-
sances 154 79
consent to remove buildings at fires—- 156 79
send relief to adjoining towns 157 80
approve building permits 158 81
report of chief concerning tires 160 82
Board of Health, appointment of 31 15
when appointment of members made- 32 16
oath of office 37 17
clerk of 53 22
term of 161 82
general powers of 162 82
to prevent infectious diseases 162 83
to establish a hospital 162 83
to abate nuisances 162 83
report of malignant diseases to 163 84
report of in keepers to 165 84


INDEX TO CHARTER. 5
SECT1ON. PARE.
Board of Health, report of physicians to--- 165 84
compensation 169 86
Board of Public Works, appointment of— 31 15
when appointment of members made-- 32 16
oath of office 37 17
clerk of 53 22
organization of 134 69
appointed by the mayor 134 70
confirmed by the council 134 70
term of office of members 134 70
first members of 135 70
when nominated 135 70
organization of board 135 70
council to provide rooms and supplies- 135 70
general powers and duties 136 70
council may prescribe other duties 136 71
recommend change of grades 136 71
plats of additions submitted to 136 71
improvements referred to by council-- 137 71
to estimate cost of improvement 137 71
make record of such estimates — 137 71
prepare plans and specifications 137 71
report to common council 137 71
when board to advertise for bids 137 71
require bidders to furnish sureties 137 72
bids reported to common council 137 72
to let contracts when authorized 137 72
what amount may spend without au-
thority • 137 72
contracts made by 138 72
when board may complete work of con-
tractors 138 72
rights to be reserved in contracts 138 73
authority to sue 138 73
appoint city engineer 139 73
approve engineer's assistants 139 73
appoint superintendent of works 139 73
appoint street commissioner 139 73
may remove street commissioner .- 139 73
appoint subordinates 139 74
determine compensation of appointees- 139 74
certify to claims 139 74


INDEX TO CHARTER.
9
SECT1ON. PAGE.
Chief of Fire Department,
when cause buildings to be de-
stroyed 156 79
issue building permits 158 80
pay fees into city treasury 158 81
inspect buildings 159 81
certificates that buildings are prop-
erly constructed 159 81
examines into causes of fire — 160 82
report on causes of fire 160 82
Chief of Police (see marshal).
Chimney Sweeps, regulation of 88 4?.
Chimneys, regulations concerning 153 79
Circuses, and other exhibitions 88 39
Cisterns, construction of 148 77
City Attorney (see attorney, city).
City Clerk, to give notice of registration 10 10
to give notice of special elections- 14 11
to keep ballot boxes 16 11
to receive poll lists, etc 24 14
to make duplicate certificates of
election 26 14
to notify officers elected 28 15
to report persons not filing oath
or bond 29 15
election of 30 15
term of 37 17
oath of office 37 17
files oaths of officers 37 17
files official bonds 38 17
new official bonds filed with 39 18
bond filed with treasurer 38 17
vacancy in office 43 19
keeps seal, bonds, papers, etc.— 51 21
clerk of common council 51 21
duties of 51-4 21-3
registers licenses 51 21
reports amount licenses to coun-
cil 51 21
makes certified copies records— 51 21
exercises powers township clerk- 51 21
administers oaths 51 41


INDEX TO CHARTER. 11
SECT1ON. PAGE.
veto messages filed with 91 46
certificate on ordinances and rec-
ords '92 47
reports veto to council 92 47
record ordinances in record book 94 47
certificate of publication of ordi-
nance 95 47
certified copy of ordinance by— 96 48
summons against city served on 100 50
when to apply for jury for street
opening 127 62
report of jury to be filed with— 127 63
secretary board of fire commis-
sioners 147 77
statement of fees for building
permits filed with 158 81
clerk of board of review 174 89
make copy special assessment
roll, etc 179 91
sign warrant for special assess-
ment 179 91
return of unpaid special taxes to. 179 92
sign warrants on treasurer 186 95
make list petit jurors 187 95
further powers of 190 96
City Lockup, persons may be imprisoned in. 97 49
vagrants sent to 105 53
City Treasurer, (see treasurer).
Claims, filed with clerk 52 21
reported to council 52 21
must be certified to on oath 86 36
must be presented to council 100 50
Clerks of Election, who appoint 19 12
oatb of office i- 19 12
must be electors 19 12
duties of 23 13
Collection of taxes 185 94
of special taxes 179 91
Committees, clerk of 53 22
appointment of 71 31
standing, duties of 80 34


12
INDEX TO CHARTER.
Combustibles, places where kept examined--
regulation of storage of
Commissioners of Highway, council are —
Common Council, may alter seal
may divide ward into precincts
to provide registration books for pre-
cincts
may appoint special elections
to cause notice of special elections to
be given -
to provide ballot boxes
to designate places for registration..-
to designate polling places
to determine result of elections
to determine tie votes
confirm officers appointed by mayor-
create new offices by ordinance
require bonds or securities
approve sureties
require new bonds —
remove officer not filing new bonds-
declare office vacant on failure to file
oath or bond
confirm appointment city clerk to
fill vacancy
order special election
report of licenses to
approve appointment deputy clerk--
report of claims by city clerk to
city clerk to report overdrawn funds
to
clerks monthly report to
clerks detailed financial report to
may impose other duties on clerk---
provide clerk with office
establish clerk's office hours
may impose duties on constables
marshal's report to
when may remove treasurer
annual report of treasurer to
confirm nomination treasurer's suc-
cessor
SECT1ON.
PAGE.
151
78
163
79
126
59
1
6
3
6
3
6
13
10
14
10
16
11
8
8
12
10
26
14
27
14
31
15
31
15
38
17
38
17
39
18
39
18
42
18
43
19
43
19
51
21
51
21
52
21
53
22
53
22
54
23
54
28
55
23
55
23
60
25
62
28
66
29
65
28
65
28


16
INDEX TO CHARTER.
Common Council,
confirm members board of health 161 82
provide ordinances for reporting ma-
lignant diseases
power for preservation of health
assessrug expense of health regula-
tions
removing buildings, fences, etc
fix compensation board of health
to settle all accounts
to provide funds for payment of ac-
counts
to assess levy and collect taxes
to establish funds
power to tax liquor dealers
transfer of funds by--
determine amount lax for each fund-
pass ordinances for collecting special
taxes
appropriate all moneys
further authority of
Compensation of officers
Complaints, under city ordinances
Condemnation of Land for public use
Constables, election of
term of office
oath of office
powers and fees
may serve process under ordi-
nances
obey orders, mayor, etc
removal of
when may act as marshal
fees of
may serve warrants
summon jury for street openings
Contingent Fund
interest accredited to
Contracts, made by board of public works---
council must authorize—
city attorney to approve form of—
work under, suspended
prosecution for breach of-,
165
84
167
85
167
85
168
85
169
86
170
86
170
86
171
86
172
88
171
87
173
88
172
88
180
92
186
95
190
96
69
30
98
49
127
62
30
15
33
16
35
16
60
25
60
25
60
25
60
25
63
27
69
30
98
49
127
63
172
87
67
29
137
72
137
72
137
72
138
72
138
73


IS
INDEX TO CHARTER.
SECTiON. PAGE.
Drains, expense of constructing a lien 121 58
connecting with sewer 122 59
fee for connecting with sewer 123 59
construction in charge of 136 70
Drays, licensing and regulating 88 43
Driving, regulation of '88 40
Drunkards, imprisoned until sober 61 26
restrained and punished 88 40
habitual, punished 105 52
Dry Earth Closets 121 58
Dwellings, examined by fire wardens 151 78
E.
Election of officers 30 15
Elections, charter, when held 12 10
where held . 12 10
special, how appointed 13 10
notice of special 14 10
special, how couducted --- 14 11
notice of 15 11
hours polls open 17 11
proclamation of opening and clos-
ing 1 17 11
how conducted 20 12
canvas of votes at 25 14
Electors, qualifications of 4 7
residence, how determined 5 7
may be challenged 6 7
oath of challenged 6 7
must be registered 8 8
when shall register 8 8
when may register 9-10 9-10
Encroachment does not give title 129 65
Encumbrances of streets, regulated 88 40
Engineer city, appointed 139 73
confirmed by council 139 73
duties of 139 73
appoints assistants 139 73
compensation of 139 74
not to hold elective office 143 75
not to be interested in contracts— 143 75
may be discharged 141 75
to turn over books, surveys, etc.-- 144 76


20 INDEX TO CHARTER.
SECTiON. PAGE.
Firearms, regulation of 88 40
Firecrackers, regulation of sale 88 40
Fireworks, regulation of 88 40
Fire Department 145-160 76-82
Fire Department Fund 172 87
Fire Companies, organization of 146 77
Fires, inquiry into cause of 160 82
Fire Limits 152 78
Firemen, appointment of 146 77
compensation of 155 79
exempt from jury duty 155 79
injuries to 155 79
Fire Wardens 151 78
Fiscal Year 170 86
Fish, putrid 88 41
regulation of sale of 88 42
Fowls, impounding of 116 56
fees for impounding 117 56
Fountains, charge of construction of 136 70
Fruits, regulation of sale of 88 42
Funds, must be designated on warrants 52 22
when exhausted, warrants void 52 22
taxes to be credited to 52 22
clerk's books must show condition— 53 22
credits to be reported by clerk 53 22
treasurer to keep account with each-- 64 27
warrants to be drawn on particular 64 28
report of condition of each 65 28
the general funds 172 87
amount in each to be determined 172 88
transfer from .. 172 88
Furnaces, examination of 151 78
G.
Gaming and gaming houses 88 38
Geese, running at large 88 40
impounding of 116 56
fees for impounding 117 56
'Goods, crying of 88 41
Grade, of streets and sidewalks 88 44
council's control over 126 60


INDEX TO CHARTER.
SECTiON. PAGE.
Labor, sufficient amount to pay retained on
contracts 138' 73
Lanes, encumbering 88 40
council's control over 126 60
Lapse of time, not run against city 129 65
Licenses, countersigned and registered 51 21
amount reported to council 51 21
fees for issuing 51 21
auctioneers, peddlers and pawnbrok- •
era - 88 43
ball alleys and billiard tables 88 43
cabs, carriages and hacks 88 43
carts, drays and other vehicles 88 43
hotels and taverns 88 4 3
saloons and victualing houses 88 43
butchers 88 42
Lighting of streets and alleys 88 43
council may provide for 126 60
Lights, regulation of the use of 153 79
Liquors, impure or adulterated 88 42
regulation of the sale of 88 38
Limits of city 1 5
Lockup, (see city lockup).
Low Grounds, drainage of 88 44
Lumber Yards, location of 153 79
M.
Markets, regulation of 88 42
location of 88 39
may be owned by city 118 57
Marshal city, appointment of 31 15
when appointment made—- — 32 16
term of 35 16
cath of office 37 17
constables to obey orders of 60 25
is chief of police 61 25
subject to mayor's direction 61 25
duties of — 61 25
to enter complaints 61 26
to serve process 61 26
arrests without process 61 26


INDEX TO CHARTER. 27
SECTiON. PAGE.
Notice, of registration preceding charter elec-
tion 10 10
of special elections 14 10
of elections , 15 11
of election or appointment to office--- 28 15
of special meeting of council 73 32
of opening or vacating streets 127 61
to remove fences 128 65
to remove buildings or fences 168 86
when tax roll may be seen 183 93
Note, city not to give except when authorized 186 94
Nuisances, abatement of 88 39
abatement by board of health 162 83
Numbering of houses 88 43
O.
Oath, prescribed for electors 6 7
of inspectors and clerks of election 19 12
. failing to file, reported to council 29 15
of justice of peace 37 17
of officers 37 17
failure to take or file 42 18
may be administered by clerk 51 21
when president or chairman administers 85 36
when member of board of review may
administer 175 89
false oaths 188 96
Officers, city and ward 30 15
appointed by mayor 31 15
appointed by council under ordi-
nances 31 15
must be electors 36 16
defaulter cannot be 36 17
who deemed to be elected 26 14
oath of office 37 17
bonds required of 38 17
new bonds may be required 39 18
removable for not filing 39 18
resignation made to council 40 18
removal vacates office 41 18
defaulter vacates office — 41 18


30
INDEX TO CHARTER.
8ECTiON. PAGE.
Pest Houses 119 59
Plats, belonging to city— 144 76
submitted to board 136 71
Police, maintained and regulated 88 38
provided for by council 107 53
regulations for 108 53
regulations, outside city limits 119 54
Policeman, to serve warrants 98 49
appointed by mayor 107 53
special 107 53
powers and duties defined 108 53
temporary appointed 108 54
under direction of marshal 109 55
duties of 110 54
make complaint violation of law- 110 54
may be suspended 111 55
may arrest upon view 110 54
have powers of constables 110 54
compensation 111 55
at fires 150 78
Police Fund 172 88
Police Stations, charge of construction of— 136 70
Polls, time opening and closing 17 11
Poll Tax 131 67
Poor Fund 172 88
Poob, protection and care of 88 45
commissioners 88 45
overseer 88 45
Porters, regulation and licensing of 88 42
Posting, notices of election 15 11
in street opening cases 12 10
notices for election for taxes 177 90
notices of tax collection 183 95
Pounds, establishing and regulating 88 40
general provisions concerning 116-7 56
Pound-masters, appointment and duties 116 56
Poultry, running at large 88 40
Precincts, wards may be divided into 3 7
registration and election in 3 7
President of Common Council, election of-- 30 15
term of office 33 16
perform duties of mayor, when-- 49 20


32
INDEX TO CHARTER.
Real Estate, control of
acquired by city
taxation of
Recognizance on appeals
by city not necessary
Records, city clerk to keep
certified copies of
council to cause to be deposited with
clerk
open to inspection —
injury to, punished
of council proceedings
of ordinances
evidence of
of board of public works
Registration, board of
vacancies in board, how filled
in precincts
when new registration made--
when board meets
when board meets for re-regis-
tration
notice of re-registration
notice of
council to provide books
how made --
when former registration in-
valid
rules governing
preceding general election
preceding charter elections—
erasures of names
on day of elections
Removal, for not filing new bonds
from city or ward vacates office
does not exonerate from liability--
of constables
of treasurer
of appointive officers
of elective officers
Repairs of sidewalks
in charge of board of public works..-
88
37
118
57
171
86
102
SI
102
51
61
21
61
21
81
84
81
35
81
35
78
33
94
47
96
48
141
74
7
8
7
8
3
7
8
8
9
9
8
8
8 •
8
9-10
it
8
8
8
8
8
S
8
8
9
9
10
10
9-10
10
10
10
39
18
41
18
44
19
80
25
66
29
83
35
83
36
132
67
136
70











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