Council to fix salaries of

officers.

May change salary by twothirds vote.

Council to have supervision of streets and sidewalks.

report to the mayor all subordinate officers who are guilty of any official misconduct or neglect of duty; to maintain peace and good order, and to perform all other duties required of him by this act.

Sec. 31. The council, except as herein otherwise provided, shall fix and determine the salary or compensation to be paid to the several officers and employes provided for in this act, or now or hereafter provided by any general law of the State, for whose salary or compensation the city is or may be made liable. The salary or compensation of all other officers and employes not herein specified shall be such sum or sums as the council shall direct. The salary or compensation of any officer or person elected, appointed or employed for a definite period of time shall not, after the election, appointment or employment of any such person be increas ed or diminished for or during the period of time for which he is elected, appointed or employed, except by a two-thirds vote of all aldermen elect.

Sec. 32. The council shall have power to regulate the times and manner of working upon the streets, lanes and alleys in said city; to provide for the grading, graveling, paving, planking, macadamizing or otherwise improving the streets or streets or alleys of said city, and to provide for the regu lation and construction, building, rebuilding and repairing of all sidewalks in said city; to provide for and regulate the establishment of the grades therefor, the kind or kinds, the manner of construction and the materials composing the construction thereof; the repairing and rebuilding of all sidewalks heretofore or hereafter built and constructed, and all other things in relation to constructing and repairing sidewalks, that the good and welfare of designate kind the people may require. The council may require

Council may

of material

for sidewalk.

that all sidewalks in said city or in certain defined districts or portions of the city shall be built and constructed of certain specified materials. It is hereby made the duty of all persons to keep in rea

maintain.

Owner liable to

city for dam

ages on walk.

sonable repair so that they shall be reasonably safe and convenient for public travel, all sidewalks in front of all lands or premises owned or occupied by him or them, and if any owner or occupant of any Owner to lands or premises in said city shall neglect or refuse to keep in repair, or shall suffer to be out of repair so as not to be in condition reasonably safe and convenient for public travel, any sidewalk in front of his or their lands or premises, such owner or occupant shall be liable to the city for all damages and costs recovered from and against said city, by reason of such sidewalk being out of repair; such damages and cost may be recovered by said city in any court of competent jurisdiction with costs of suit, and the judgment recovered against said city shall be conclusive evidence of the liability of such owner or occupant to said city: Provided, That notice of the pendency of any suit Proviso. brought against the city for the recovery of such damages, shall be given such owner or occupant, or to the agent, if he can be found, of such owner, if such premises be unoccupied, and the owner thereof Notice of suit a non-resident, and he or they permitted to assist in the defense of such suit, if he or they so request. Sec. 33. The common council shall have power to authorize the running of railroads and street railways in the streets of said city, and may, as a condition of such use of the streets, require the corpor ation or persons owning such railroad or street railway to plank or pave so much of any street or streets so used, as the council may deem just and proper; but before any railroad or street railway company shall lay any track or tracks upon any street or part of a street. such company shall procure and file with the recorder the written con- three-fifths of sent of at least three-fifths in number of the per- Dwners. sons owning property fronting upon such streets or part of a street, that such company may lay its tracks thereon and operate the same. And as a further condition of the use by any railroad or

to owner.

Council to have supervision of street railways.

railroads and

Consent of

property

paving, etc.

street railway of any street or streets which may have been in whole or part paved, planked, or macadamized prior to such use by any railroad or street railway, the council shall have power to require any corporation, or persons owning such railroad or street railway, to pay such proportion Duties of, as to of the original cost of such planking, paving or macadamizing such street or streets as the council may deem just and proper. The moneys so paid to the city treasurer shall be distributed and paid over by him under the direction of the comptroller, to and among the property owners and municipal corporations originally assessed for the cost of such paving, planking or macadamizing, pro rata. width of any right of way occupied by any such company shall in all cases be measured from a point distant one foot and two inches out from the outer side of the outermost rail on one side of the center of the street to a point distant one foot two inches out from the outer side of the outermost rail on the other side of the center of said street.

May prescribe certain regulations for.

Removal and

change of route.

The

Sec. 34. The council may require such railroads and street railways to use such rails and ties, to lay their tracks and construct their road upon such grade and in such manner as it may from time to time require; the council may also require any railroad company to use, erect and maintain such safety gates and other safety devices, to be constructed as it may require. The council may also regulate and fix the rate of fare on street and inter-urban railways; and it may make such other and further regulation in relation to the use of the streets by any railroad, street railway or interurban railway as it may deem proper. And in default of the performance of any of the conditions above mentioned and provided for, the council may cause any railroad, street railway or inter-urban railway now or which may be hereafter laid to be changed in its route and its rails and ties removed;

and the council may use such force as may be necessary to enforce a compliance with the conditions above named, and with any request to move such rails, ties or change such routes; and the council may further provide by ordinance such penalties as may be necessary to enforce a compliance therewith.

route of

Sec. 35. Nothing herein contained shall be May change deemed to prohibit the council from changing the railroads, etc. route of any railroad or street railway now in or hereafter to be laid in said city, when, in the opinion of the council, the people's good may require it: Provided, however, That nothing herein con- Proviso. tained shall be deemed to deprive the owners of any property abutting on any street or streets through which such railroad or street railway may pass, of his or her right of action against the person or corporation owning such railroad or street railway for damages incurred by reason of such use of any street or streets.

May lay out, streets, alleys,

repair, etc.,

etc.

Sec. 36. The council shall have power to lay out, open, make, grade and repair streets, lanes and alleys and the same to alter and vacate, and to alter or vacate those already laid out: Provided, Proviso. That before any street, lane or alley shall be vacated or altered, the person or persons applying therefor shall give public notice, specifying the time and place at which such application will be made, by causing the same to be published in the official newspaper for three successive weeks, or by personally serving upon each owner residing in said city, or occupant of any lot contiguous to said street or alley proposed to be altered or vacat ed a copy of such notice. Upon the hearing of such application, all parties in interest shall be entitled to be heard in person or by counsel, and no street or alley shall be vacated except upon sufficient cause shown, and with the concurrence of threefourths of all the aldermen elect: And provided further, That when any street or highway has once Further proviso.

Use of highways, etc.

Eminent domain.

Purposes for which private property may be taken.

Extend highways.

Public buildings, parks, etc.

Public market. Notice of how given.

What notice to state.

been graded, leveled, paved or covered with broken or pounded stone of other material, and the grade line thereof established, the said council shall not change or alter the grade line of said street or highway unless it has been first petitioned so to do by a majority of all the property owners on said street or highway. The council shall have power to regulate the use of all public highways, streets, avenues and alleys of the said city, subject to the rights of travel and passage therein. Whenever it becomes necessary, in laying out or opening any such highway, street, avenue, lane or alley, to take private property for that purpose, the same shall be done in the manner hereinafter provided.

Sec. 37. The common council of Bay City shall have power to purchase or take private property for public use and benefit, in the following cases: First, To open, extend, widen or straighten any public highway alley or street in said city;

Second, To obtain sites for public buildings and public parks, to locate, establish or alter any sewer or drain;

Third, To obtain a site for a public market. Sec. 38. Whenever the council shall deem it necessary to take private property for public use for any of the purposes aforesaid, they shall give notice therefor to the owner, owners or persons interested, or their agents or representatives, when said owner, owners or persons interested, or their agents or representatives can be found within the county of Bay, and when said owners, owner or persons interested, or their agents or representatives, cannot be found within Bay county, then by written notice posted in three public places in said city, at least three weeks next preceding the next meeting of said council for the purpose aforesaid. Said notice shall state the time when and the place where the common council will meet to treat with the owner, owners or persons interested, their agent or representative, for the property proposed