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the same to be done, and charge and assess the expense thereof to the lots or parts of lots fronting upon such work in the manner provided in and by section nineteen of chapter seven of this act; and the same shall be levied and collected as other special assessments are levied and collected in said city; provided, no street shall be paved or repaved by order of the common council, unless the water and gas mains and service pipes, and necessary sewers and their connections shall, as required by the common council, be first laid and constructed in that portion of such street so to be paved or repaved.

Contractors for paving a street will be enjoined from unnecessarily interfering with the operation of a street railway thereon, where the city has not attempted to exercise the power of stopping the running of the cars.

Mil. St. R'y. Co. vs. Adlam, 85 Wis., 142.

SECTION 18. It shall be the duty of the said board to see that proper drains or sewers are constructed from every lot in said city, which in their judgment requires it; and that such private drains or sewers are made to communicate with the public sewers in a proper manner; and they shall have power to require such number of private drains and sewers to be constructed as they may deem expedient.

The city is not liable for injuries to property of an owner of a private sewer, caused by the negligence of the board of public works in re-connecting such private sewer with the main sewer after the lowering of the latter, it not being an act within the line of any corporate duty.

Streiff vs. Milwaukee, 89 Wis., 218.

SECTION 19. The said board shall prescribe the location, arrangement, form, materials and construction of every drain and sewer, for every lot in the city emptying into the public sewers, and shall determine the manner and plan of the connection of the same; the work of construction shall be in all cases subject to the superintendence and control of said board, and shall be executed strictly in compliance with their orders; but the cost of such private sewers shall not be included in the estimate of the cost of the general plan of sewerage in any district, and shall be charged upon the lot or lots for the benefit of which such private sewers shall be constructed.

8

Specifications of

private drains and sewers to be kept open for examination.

SECTION 20. The said board shall have at their office, ready for the examination of the parties interested, the specifications of any private drains or sewers so ordered to be constructed, and they shall give to the lot owners six days' notice, in the official papers, to construct the same, designating therein a reasonable time within which the work shall be completed; and in case any lot owner neglects to do the work required of him to be done, within the time specified in said notice, they shall advertise for proposals, and let the same by contract; and at the completion of the contract, shall give to the contractor a certificate or certificates against such lot or Certificates. lots, which shall be proceeded with, and shall have the like effect as other certificates given for work chargeable to lots.

enter premises,

etc.

SECTION 21. Any person who has taken such con- Contractor may tract from said board to construct a private drain or sewer from any lot, shall be authorized to enter upon such lots, and construct thereon such drain or sewer, and shall have free ingress and egress upon the same, with men and teams for that purpose, and to deposit all the necessary building materials, and generally to do and perform all things necessary to a complete execution of the work.

Permit to connect private with pub

lic sewers.

SECTION 22. No private drain shall be connected with any public sewer without the said board first issuing their order or permit for such connection; and there shall be paid for such order or permit, into the general fund of the sewerage district, by the owner of any lot from which a private drain is led into a public sewer, an amount to be fixed by said board, proportioned to the size of such private drain, but not less than two and a half, nor more than five dollars for every drain from any lot or parcel of a lot; and in case such amount is not paid, it shall be a lien upon such lot, and shall be collected as other taxes Fee therefor. on real estate are collected; provided, that no charge shall be made for the order or permit herein referred to, when the connection for which it is used is made before the sewer is finished in front of the premises to be connected.

SECTION 23. No person shall break open or make connections with any public sewer, except by the consent and under the direction of the board of public works; and

Penalty for break

ing or obstructing

sewers.

8

Contractors to restore streets and alleys to

former condition.

any person who shall do so, or shall wilfully or maliciously obstruct, damage or injure any public or private sewer or drain in said city, or wilfully injure any of the materials employed or used in said city for the purposes of sewerage, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than five hundred dollars, or imprisoned in the county jail not to exceed three months.

SECTION 24. Any contractor, or other person, acting under the direction of the board of public works, may lay sewers in and through any alleys and streets of said city, and through any breakwater into Lake Michigan, and also in any highways of Milwaukee county, whether within the limits of said city or not; provided, that it shall be the duty of such contractor to repair such streets, alleys, breakwaters, and highways, and to restore the same to their former condition, upon the completion of such sewers.

Chapter 322, laws of 1875, entitled "an act to authorize the improvement of certain streets in the third ward of the city of Milwaukee, and to authorize the levy of a special tax in said ward,” is in the nature of an amendment to the city charter, and is a grant of corporate powers to the city. It is not a "special act for the assessment or collection of taxes" within the inhibition of Subd. 6, Sec. 31, Art. IV, of the Constitution of Wisconsin.

Such an act does not embrace "more than one subject," and the title is sufficient to express the subject.

Warner vs. Knox, 50 Wis., 429.

Common council

may raise money for sewerage purposes in Bay View sewerage district.

CHAPTER 88, LAWS OF 1891.

SECTION 1. The common council of the city of Milwaukee is hereby authorized to levy and raise by taxation upon all taxable property, real and personal, within the Bay View sewerage district of said city, in addition to the amount authorized to be raised for a sewerage fund in said district, and in addition to the amount of money authorized to be raised by taxation for all purposes within said district, now limited by law, for each of the years 1891, 1892 and 1893, a sum of money not exceeding one and one half mills on the dollar, in each of said years, upon all the taxable property within said district, for the purpose of continuing and completing the sewers contemplated by the plans for sewers in said Bay View sewerage district of said city, now on file in the office of the proper officers of said city of Milwaukee and for the purpose of constructing and continuing the construction of such sewers as shall or may be included in any amendments to or changes of the plans in said district during the years 1891, 1892 and 1893.

CHAPTER 89, LAWS OF 1891.

SECTION 1. The common council of the city of Milwaukee is hereby authorized to levy and raise by taxation upon all taxable property, real and personal, within the south sewerage district of said city in addition to the amount authorized to be raised for a sewerage fund in said district, and in addition to the amount of money authorized to be raised by taxation for all purposes within said district, now limited by law, for each of the years 1892 and 1893, a sum of money not exceeding one and one half mills on the dollar in each of said years, upon all the taxable property within said district, for the purpose of continuing and completing the sewers contemplated by the plans for sewers in said south sewerage district of said city, now on file in the office of the proper officers of said city of Milwaukee, and for the purpose of constructing and continuing the construction of such sewers as shall or may be included in any amendments to or change of the plans in said district during the years 1892 and 1893.

8

Common council

may raise money
for sewerage
purposes in
south sewerage
district.

CHAPTER 224, LAWS OF 1893.

AN ACT to authorize the division of certain cities into sewer districts, and to provide means for perfecting the sewer systems therein by special taxation and by the issue of corporate bonds of such cities.

SECTION 1. The common council of any city operating under a special charter granted by the legislature of this state, and authorized by such charter to construct sewers, is hereby empowered to divide such city into sewer districts, and to levy a special tax of not more than one mill and a half of a mill on the dollar of the assessed value of the taxable property in any such sewer district, if in the opinion of such common council such special tax shall be needed for the extension or improvement of the sewer system for such district.

SECTION 2. If in the opinion of such common council any such sewer district shall require an extraordinary outlay of money for the construction of outlets or pumping stations to perfect its sewer system, such common council is hereby authorized to provide by ordinance for issuing corporate bonds of such city payable within twenty years from the time of their issue in lawful money of the United States, bearing interest at a rate not exceeding five per cent. per annum.

Common council may divide city into sewer districts.

Corporate bonds, when may be issued.

SECTION 3. The bonds authorized to be issued under the Form of bonds. provisions of this act shall be executed in the manner prescribed by the charter of the city issuing the same, or if no provision for the execution of the same is contained in the charter of such city, then in the manner which may be prescribed by ordinance or resolution of the common council thereof. Such bonds shall be called sewer bonds and shall be consecutively numbered, and shall have interest coupons attached, and shall show on their face the district for the benefit of which they are issued.

SECTION 4. There shall be annually levied a direct tax upon Direct tax, what to all taxable property in the district for the benefit of which any be levied.

8

Limit of indebtedness.

sewer bonds are issued, to pay the annual interest thereon, and to raise a sinking fund each year of five per cent. on the principal of such bonds remaining unpaid and outstanding, for the payment of such principal as the same may become due.

*

SECTION 5. No bonds shall be issued under the provisions of this act in excess of the limit fixed for indebtedness by the charter of the city issuing the same, or by the constitution of this state. A statute granting certain powers to "any city operating under a special charter * * and authorized by such charter to construct sewers," may be construed to apply to all cities whose special charters, either expressly or by implication, authorize them to construct sewers. Such cities, being authorized by their charters to repair and keep in order their streets, are "authorized by such charters to construct sewers," within the meaning of Ch. 224, laws of 1893, since the authority first mentioned carries with it the latter.

Johnson vs. Milwaukee, 88 Wis., 383.

Milwaukee harbor, what it includes.

Kinnickinnick a navigable river.

CHAPTER IX.

HARBOR AND RIVERS.

SECTION 1. The harbor of Milwaukee shall include the Milwaukee river from lake Michigan to the dam across said river, in said city, and all those portions of the Kinnickinnick river, and of the Menomonee river, and the canals, water channels and slips laid out and established in the valley of said Menomonee river, under and in pursuance of chapter ninety-one of the local laws of 1869, which are in the limits of the city of Milwaukee, and also lake Michigan, to a distance of one mile from the shore along the east front of said city; and said rivers, and said canals, water channels and slips, are hereby declared to be public highways, and navigable from lake Michigan to said dam, and to the western and southern limits of said city.

It is not within the powers of a municipal corporation to engage in works of internal improvement, such as the construction of harbors, canals, railroads and the like without being specifically authorized by the legislature.

Hasbrouck vs. Milwaukee, 13 Wis., 42.
Soens vs. Racine, 10 Wis., 214.

SECTION 2. Whenever the survey and plat of the Kinnickinnick river, describing the channel and dock lines of said river shall be made, adopted and established, recorded and filed, as provided by section twenty, chapter one hundred and twenty-nine of the laws of 1873, the

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