Council to enact ordi nances con ing plant. as shall be necessary to enable such person, persons or corporation to construct and operate proper works for the supplying of such light upon such terms and conditions as shall be specified in such contract. Vossen v. St. Clair City, 148/687. (315) § 3266. SEC. 9. The council may enact such ordinances and adopt such resolutions as may be necessary for cerning light- the care, protection, preservation and control of the lighting works, and all the fixtures, appurtenances, apparatus, buildings and machinery connected therewith or belonging thereto, and to carry into effect the provisions of this chapter, and the powers herein conferred in respect to the erection, purchase, management and control of such works. Number of members on lic works. Board to be non-partisan. Proviso. CHAPTER XXVIII-BOARD OF PUBLIC WORKS. (316) § 3267. SECTION 1. There shall be created and board of pub-constituted in every city, subject to the provisions of this act, a board of public works composed of five members, who shall be freeholders and electors of the city and shall serve without compensation. Such board shall, as near as may be, be nonpartisan, no more than three members to be appointed from one political party, and shall be appointed by the mayor, by Term of office. and with the consent of the council. One member shall be appointed for the term of one year, one member for the term of two years, one member for the term of three years, one member for the term of four years, and one member for the term of five years from the first Monday of May next thereafter, and on the first Monday of May of each year thereafter one member shall be appointed for the term of five years, unless otherwise provided in this act: Provided, That it shall not be necessary for any city already having a board of public works organized under the provisions of this act to reconstruct such board, but the existing board of public works shall continue unchanged, unless abolished under the provisions of sections eleven and twelve of this act: Provided further, That whenever a majority of the electors, as appears by the last registration of electors of any such city, not hav ing a board of public works organized, shall petition the mayor against the creation of such board, such board of public works shall not be created, except as provided in section thirteen of this chapter, and the powers vested in such board of public works by this act, shall be vested in the common council, until the establishment of such a board. Such petition shall be spread at large on the records of the council. Further proviso. Election of president. Am. 1899, Act 136. (317) § 3268. SEC. 2. Said board shall, within ten days after their first appointment and annually thereafter during the month of May, organize and elect one of their number president. A majority of the board shall constitute a quorum for the transaction of business. The city clerk shall be ex City clerk to be clerk of officio clerk of said board, but shall have no vote therein. board. It shall be his duty to perform all the clerical labor required by said board, and he shall have charge of all its books, records, accounts and papers. duties of (318) § 3269. SEC. 3. The said board of public works, Powers and subject to the direction of the council, is hereby charged and board. entrusted with the following duties, powers and responsi bilities: First, The construction, management, supervision and con- Water-works. trol of such water-works as are or shall be owned by the city; Second, The construction, management, supervision and Lighting control of such electric or other lighting plants as are or shall plant. be owned by the city; system. Third, The management and supervision of the sewers, sew- Sewerage erage system and drainage of such city, and of the construction thereof; Fourth, Such other public improvements or works as the Other works. common council may, by ordinance, place under their management, supervision and control. (319) § 3270. SEC. 4. The said board shall have power Board to adopt to make and adopt all such by-laws, rules and regulations as by-laws and they may deem necessary and expedient for the transaction of their business, not inconsistent with the ordinances of the city or the provisions of this act. rules. under $200 to plans to be (320) § 3271. SEC. 5. Whenever the expense of con- Contracts structing or repairing any public work placed under the con- be done as trol of the board of public works shall not exceed the sum board directs. of two hundred dollars, the work shall be done by such board in such manner as they may deem proper; but whenever such Over $200 expense shall exceed the sum of two hundred dollars, then submitted to the said board shall submit the plans, diagrams, profiles and council. estimates thereof to the council for their approval, and when so approved the board shall, subject to the approval of the council, cause such work to be done by contract, or otherwise in such manner as they may deem proper: Provided, That Over $500 to if the expense shall exceed the sum of five hundred dollars, bids. the board shall advertise for sealed proposals, and shall give such notice as the council may direct, and shall let the contract to the lowest responsible bidder who shall be deemed competent to do the work and give adequate security for the performance thereof, which contract and security shall be approved by the council. be done done to by (321) § 3272. SEC. 6. All work done under the super- Board to revision of said board shall be reported to the council from time port work to time, and no money shall be paid out of the treasury on council. account of any work so done until the council shall have Payment of authorized the same and ordered the same paid by warrant account of. drawn on the city treasurer, and all claims or accounts against the city that in any manner relate to the works in charge of such board or that have been incurred by such money on of board. board shall first be submitted to and approved by the said board of public works before the council shall be authorized Annual report to order such warrant drawn. It shall be the duty of the board to make an annual report to the council on the third Monday in April of each year, which report shall embrace an itemized statement of the revenues and the expenditures relating to or connected with each of the works under their control, keeping a separate account of each fund, and a statement of the condition, progress and operation of said works. They shall also make such other reports and furnish such other information to the council as that body shall by resolution or ordinance provide. Board to sub- Money received on account of sewer fund to be paid to treasurer. (322) § 3273. SEC. 7. On or before the first Monday of September, or on or before the first Monday of May in each year where the council has decided to have the taxes levied and collected in two installments as authorized in section two of chapter thirty, the board of public works shall submit to the common council careful estimates in detail of the amount of money, which, according to the judgment of the board, will be needed for the water-works fund, the light fund and the sewer fund during the ensuing year, which estimates may be increased, modified or adopted by the said common council as in its judgment may seem justifiable. (323) § 3274. SEC. 8. The board of public works shall on the first Monday of each month pay into the city treasury water, light or to the credit of the water, light, sewer or other fund, as the case may be, all moneys received by them and belonging to any such fund, and shall file a detailed statement thereof, together with the receipt of the treasurer attached thereto, with the city clerk, who shall report the filing of such statement and receipt to the council. Provisions as to payment of water and light rates. Power of board to em (324) § 3275. SEC. 9. The board of public works may provide when and to whom all water and light rates, and other moneys collectible by them shall be paid, and what steps shall be taken to enforce payment thereof, and may provide in case of non-payment that such water, light or sewerage connection be shut off or stopped as to any person neglecting or refusing to make such payment; and may also collect the same in an action of assumpsit on the common counts in any court of competent jurisdiction. Authority to sue. Bd. of Public Works of Niles v. Pinch, 152/517. (325) § 3276. SEC. 10. The board of public works is ploy officers, hereby empowered, subject to the approval of the council, to employ all necessary officers, agents and employes that they may deem necessary to operate, carry on and improve all the public works and duties placed under their care and supervision, and subject to the approval of the council, to fix the salaries and compensation of such employes. When board to be abolished. (326) SEC. 11. The council of every city subject to the provisions of this act and the acts to which this act is amendatory, upon petition to them of one hundred or more freeholders of such city praying that an election of the quali- Added 1899, Act 136. powers, rights, vested in (327) SEC. 12. If at any such election two-thirds of the When the electors voting thereon shall vote to abolish the board of pub- and privileges lic works in such city, then such board of public works shall of board to be be abolished, and all the powers, rights and privileges now council. exercised by or vested in said board of public works, as well as all duties and obligations imposed upon such board of public works by this act and the act of which this is amendatory, shall be vested in, exercised and assumed by the council of such city; the board of public works in such city in all things appertaining to them as such board, shall be superseded by the council, and the council may appoint a committee of its own members more particularly to perform these duties, always under the direction of the council and subject to such rules and regulations as the council may determine. Added Id. established. (328) SEC. 13. In any city subject to the provisions of Board, how rethis act, and in which the board of public works has been abolished as above provided, the council, on petition to them of one hundred freeholders of said city praying for the re-establishment of the board of public works therein, shall, by resolution, submit to the qualified electors of such city at the city election held in the month of April next following the proposition to re-establish such board of public works. If two-thirds of the electors voting on such proposition vote in favor of such board of public works, then such board of public works shall thereafter be re-established in such city and shall be constituted and selected in the same way and have the same qualifications, powers and duties provided for boards of public works in the act of which this act is amendatory. Added Id. (329) SEC. 14. An election under the provisions of this Election, chapter cannot be held oftener than once in two years and when held. notice of such election shall be given in the same manner and for the same length of time as is provided in the charter of such city for the calling special elections, and the vote shall be counted and canvassed and the return shall be made, and the result declared and determined in the same manner as Form of ballot. is provided in such charter for the counting, canvassing and For the board of public works Yes. [ ] Added Id. Organization of fire department. Fire engines CHAPTER XXIX-FIRE DEPARTMENT. (330) § 3277. SECTION 1. The council of any city shall have power to enact such ordinances and establish and enforce such regulations as they shall deem necessary to guard against the occurrence of fires, and to protect the property and persons of the citizens against damage and accident resulting therefrom; and for this purpose to establish and maintain a fire department; to organize and maintain fire companies; to employ and appoint firemen; to make and establish rules and regulations for the government of the department, the employes, firemen and officers thereof; and for the care and management of the engines, apparatus, property and buildings pertaining to the department; and prescribing the powers and duties of such employes, firemen and officers. Spitzer v. Blanchard, 82 / 234. (331) § 3278. SEC. 2. The council may purchase and and apparatus. provide suitable fire engines and such other apparatus, instruments and means for the use of the department as may be Water supply, deemed necessary for the extinguishment of fires; and may Buildings for department. Chief of department. Assistants. Chief may command assistance at fires. sink wells and construct cisterns and reservoirs in the streets, public grounds and other suitable places in the city; and make all necessary provisions for a convenient supply of water for the use of the department. Spitzer v. Blanchard, 82/234; Lumber Co. v. East Jordan, 100 / 201. (332) § 3279. SEC. 3. The council may also provide or erect all necessary and suitable buildings for keeping the engines, carriages, teams and fire apparatus of the department. (333) § 3280. SEC. 4. SEC. 4. The engineer of the fire department shall be the chief of the department, and, subject to the direction of the mayor, shall have the supervision and direc tion of the department and the care and management of the fire engines, apparatus and property, subject to such rules and regulations as the council may prescribe. And the council may appoint such assistant engineers and other officers of the department as may be necessary. (334) § 3281. SEC. 5. The chief of the fire department, or other officer acting as such, may command any person present at a fire to aid in the extinguishment thereof and to assist in the protection of property thereat. If any person |