Treasurer to have charge of money. Proviso. Depositary may be changed. To keep account of funds. Proviso. all the powers and authority of the city clerk, and may exercise all the duties thereof, subject to the control of such clerk, and such deputy shall be paid for his services by the clerk, unless otherwise provided by the council. The clerk shall be responsible for all the acts and defaults of such deputy, and he may remove such deputy at his pleasure. CITY TREASURER. (78) § 3033. SEC. 11. The treasurer, subject to the direction of the council, shall have the custody of all moneys, bonds, mortgages, notes, leases and evidences of value belonging to the city: Provided, That the council by a majority vote of all the aldermen elect may designate one or more depositaries in such city in which the city treasurer shall deposit all such moneys and other property named above in his possession by virtue of his office, to be drawn therefrom only in such manner as the council shall direct, and every such depositary shall furnish a bond, as the council may require and approve, for the safekeeping and accounting of all such moneys and property thus coming into its possession. The council may at any time by a majority vote of all the aldermen elect change any depositary or depositaries. He shall receive all moneys belonging to and receivable by the corporation, and keep account of all receipts and expenditures thereof: Provided, That the treasurer shall not be liable for any neglect or default by such depositary or depositaries. The treasurer shall pay no money out of the treasury except in pursuance of and by authority of law and as directed by the council. He shall keep an account of and be charged with all taxes and moneys appropriated, raised or received for each fund of the corporation, and shall keep a separate account of each fund, and shall credit thereto all moneys raised, paid in or appropriated therefor, and shall pay 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 endorsed thereon by the clerk. The treasurer may also, subject to the approval of the council, appoint a deputy, who shall possess all the powers and authority of the treasurer, subject to the control of the treasurer; and the treasurer and his bondsmen shall be liable for the acts and defaults of such deputy. Such deputy shall be paid for his services by the treasurer, unless otherwise provided by the council, and such deputy may be removed at the To be collec- will of the treasurer. The city treasurer shall be the collector To keep account of taxes. Keep separate funds. May appoint deputy. How paid. tor of state and county taxes. of state and county taxes within the city, and all other taxes and assessments levied within the city; he shall perform all such duties in relation to the collection of taxes as the council may prescribe, and as provided by this act. Am. 1901, Act 156. The salary fixed by the council includes all the compensation to which the treasurer is entitled and the collection fees from taxes belong to the city.Iron Mountain v. Uddenberg, 127 / 189. annual report (79) § 3034. SEC. 12. The treasurer shall render to the To make monthly clerk on the first Monday of every month, and oftener if re- report to quired, a report of the amounts received and credited by him clerk. to each fund, and on what account received, and the amounts paid out by him from each fund during the preceding month, and the amount of money remaining in each fund on the day of his report, and the council may at any time when they shall deem it advisable cause such report to be verified by a personal examination of the books, warrants, vouchers and city moneys in the possession of the treasurer. He shall To make also exhibit to the council annually on the first Monday in to council. March, and as often and for such period as the council shall require, a full and detailed account of the receipts and disbursements of the treasury since the date of his last annual report, classifying them therein by the funds to which such receipts are credited and out of which such disbursements are made, and the balances remaining in each fund; which account shall be filed in the office of the clerk and shall be published in one or more of the newspapers of the city. Iron Mountain v. Uddenberg, 127 / 189. receipt for all from treasury. (80) § 3035. SEC. 13. The said treasurer shall take re- To take ceipts and vouchers for all moneys paid from the treasury, moneys paid showing the amount and fund from which payment was made, and he shall exhibit to the council such receipts or vouchers on the first Monday of March in each year, or as often as the council shall require, as provided in the next preceding section. urer of pub school and (81) § 3036. SEC. 14. The city treasurer shall be the To be treastreasurer of the school district designated in this act as the lic schools. "public schools of the city," and shall have the custody of the funds belonging to and receivable by such district from all sources, for school, library, and schoolhouse purposes. He To receive shall receive from the county treasurer, for the use of such library money. district, all school and library moneys coming to his hands to which the district shall be entitled; and for that purpose such school district shall be considered under the laws relating to the distribution of primary school and library moneys, the same as a township. Said city treasurer shall keep an account of all the school and library moneys of the district in such manner as the board of education may require, and account therefor to said board whenever they shall direct. He To pay out shall pay out no moneys of the district except upon such war- warrants. rants or vouchers as the board of education shall prescribe. Before entering upon the duties of his office, either as city Bond of, to treasurer or as treasurer of the public schools, the said treas- public schools. urer shall give bond to the public schools of the city in such sum and with such sureties as the board of education shall direct, for the due performance of the duties of his office as treasurer of such district, and shall renew such bond from time to time with further sureties as said board may require. School funds.-Lansing v. Wood, 57/201. money on To keep moneys separate. Penalty for violation. (82) § 3037. § 3037. SEC. 15. 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 keeping, for his own use or benefit or that of any other person; any violation of this section shall subject him to immediate removal from office by the council, and the council is hereby authorized to declare the office vacant and to appoint his successor for the remainder of his term. See notes to section 2738, C. L. 1897. Marshal to be CITY MARSHAL. (83) § 3038. SEC. 16. The marshal shall be the chief of chief of police. the police of the city. As police officer, he shall be subject to the direction of the mayor. It shall be his duty to see that all the ordinances and regulations of the council, made for the preservation of quiet, good order, and for the safety and protection of the inhabitants of the city are promptly enforced. As peace officer he shall be vested with all the powers conferred upon sheriffs for the preservation of quiet and good To serve and order. He shall serve and execute all process directed or delivered to him, and such process may be served anywhere within the state. execute process. To suppress riots, make arrests, etc. To report to council, arrests made. See note to section 2739, C. L. 1897. (84) § 3039. SEC. 17. He shall suppress all riots, disturbances, and breaches of the peace, and for that purpose may command the aid of the citizens in the performance of such duty. It shall be his duty to arrest all disorderly persons in the corporation. He shall 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 amounting to a breach of the peace, and forthwith take such person before the proper magistrate or court for examination or trial, and may also without process arrest and imprison persons found drunk in the streets. (85) § 3040. SEC. 18. The marshal shall report in writing and on oath to the council at their first meeting in each month all arrests made by him, and the cause thereof, and all persons discharged from arrest during the month; also, the number remaining in confinement for breaches of the ordinances of the city, and the amount of all fines and fees To pay money collected by him. All moneys collected or received by the into city treasury. marshal, except fees for his personal services, unless otherwise directed by this act, shall be paid into the city treasury during the same month when received, and the treasurer's receipt therefor shall be filed with the clerk. (86) § 3041. SEC. 19. The marshal may collect and re- Fees, ceive the same fees for services performed by him as are allowed to constables for like services; but in no case shall such fees be charged to, or be paid by, the city. CITY ATTORNEY. duties of. (87) § 3042. SEC. 20. The attorney, in addition to the City attorney, other duties prescribed in this act, shall be the legal adviser of the council, and of all officers of the city, and shall act as the attorney and solicitor for the corporation in all legal proceedings in which the corporation is interested, and he shall prosecute all offenses against the ordinances of the city. Detroit v. Whittemore, 27/281; Police Justice v. Kent Supervisors, 38/ 421; Smedley v. Kirby, 120/253. CITY SURVEYOR. general powers and (88) § 3043. SEC. 21. The surveyor shall have and exer- Surveyor, cise within the city, the like powers and duties as are conferred by law upon county surveyors; and the like effect and duties of. validity shall be given to his official acts, surveys and plats, as are given by law to the acts and surveys of county surveyors. He shall make all necessary plats, maps, surveys, dia- To make grams and estimates, plans and specifications required by the plats, etc. council or officers of the city, relating to the public improvements, buildings, grounds and streets of the city, and all plats, maps, surveys and diagrams made by him as such surveyor shall be the property of the city, and shall be delivered by him to his successor in office. STREET COMMISSIONER. missioner (89) § 3044. SEC. 22. It shall be the duty of the street Street comcommissioner to perform or cause to be performed, all such duties of. labor, repairs and improvements upon the highways, streets, sidewalks, alleys, bridges, reservoirs, drains, culverts, sewers, public grounds and parks within the city as the council shall direct to be done by or under his supervision; and to oversee and do whatever may be required of him in relation thereto by the council. monthly (90) § 3045. SEC. 23. He shall make a report to the To make council, in writing, and on oath, once in each month, giving report to an exact statement of all labor performed by him, or under council. his supervision, and the charges therefor, the amount of material used, and the expense thereof, and the street or place where such material was used, or labor performed; and further showing the items and purpose of all expenses incurred since his last preceding report, and no payment for labor or services performed, or for expenses incurred by him duties of Powers and shall be made until reported on oath, as aforesaid: Provided, may be given That nothing in this act shall prevent the council from bestowing the powers and duties of street commissioner upon the marshal when it shall be deemed advisable. marshal. CONSTABLES. Constables, powers and duties. To obey orders of mayor, justice of peace. (91) § 3046. SEC. 24. The constables of the city shall have the like powers and authority in matters of civil and criminal nature, and in relation to the service of all manner of criminal process, as are conferred by law upon constables in townships, and shall receive the like fees for their services. They shall have power also to serve all process issued for breaches of ordinances of the city. CONSTABLES: See notes to sections 2364-8. C. L. 1897. Allor v. Wayne Auditors, 43/76; White v. Supervisors, 105/608. (92) § 3047. SEC. 25. The constables of the city shall aldermen and obey all lawful orders of the mayor, aldermen and any justice of the peace exercising jurisdiction in causes for breaches of the ordinances of the city, and shall discharge all duties required of them by any ordinance, resolution or regulation of the council, and for any neglect or refusal to perform any such duty required of him, every constable shall be subject to a penalty of not less than five nor more than fifty dollars. Every constable, before entering upon the duties of his office, shall give such bonds for the performance of the duties of his office, as may be required and approved by the council, and file the same with the city clerk. Duties of supervisors in regard to taxes. To be mem SUPERVISORS. (93) § 3048. SEC. 26. The supervisors of the several wards are authorized to perform the same duties in relation to the assessment of property and levying taxes for all purposes in their respective wards, as are imposed by law upon supervisors elected in townships; and they shall have the like powers and perform the like duties in all other respects as supervisors so elected, except as herein otherwise provided, so far as such powers and duties are required to be exercised and performed in their wards; they shall represent their sevbers of county eral wards in the board of supervisors of the county in which the city is located, and shall have all rights, privileges and powers of the several members of such board of supervisors: Provided, That any city now having a greater representation tion of certain upon the board of supervisors of any county than is provided by this act, shall continue to have such representation as it may have at the time of such re-incorporation, and if the office of any officer now representing any such city upon the board of supervisors is abolished by this act, the council of such city may annually appoint some suitable person, being a resident elector of such city, to represent the city upon the board of board of supervisors. Representa cities not to be affected. |