ent with this act, shall continue in force until altered, amended, or repealed by the common council. streets and cross SEC. 51. No railroad locomotive, railroad engine, car, or train Obstruction of of cars shall be stopped within said city, on or across any street ings by locomotherein, so as to prevent the free passage of persons and vehicles tives, cars, etc. along and across any street crossed by a railroad track. Any conductor, engineer, or other person, employed on any locomotive, railroad engine, car, or train of cars, who shall violate this section, shall, on conviction thereof, be punished by fine not exceeding thirty dollars, and in default of payment thereof, by imprisonment not exceeding sixty days, in the jail of Saginaw county. SEC. 52. No injunction shall be allowed, or issued to stay any Injunctions, proceedings had under this act for the assessment or collection of any special assessment, or any tax levied under this act; but any such special assessment, or tax, may be paid under protest, and suit brought for the recovery thereof, as provided in the general tax law of the State. ments not col SEC. 53. Any special assessment heretofore levied, or made by the Special assess common council of said city, to pay for any improvement hereto- lected may be fore ordered, which has not been wholly collected, and which has re-assessed. been, or which may hereafter be vacated by said common council, may be re-assessed in the manner provided for in this act, and the collection thereof enforced, be returned and dealt with, and the land upon which the same was, or may be assessed, or levied, proceeded against, and sold, in the same manner, and with the same force and effect as in the case of other special assessments levied or made under this act. Special assessments for local improvements made or levied under the act by this act repealed, may be set aside by the common council, and re-assessed as if the same had been made or levied under this act. SEC. 54. Act number four hundred and ninety-six, of the laws Acts repealed. of eighteen hundred and sixty-seven, approved March twentyseventh, eighteen hundred and sixty-seven, entitled "An act to revise and amend the charter of the city of Saginaw, approved February fifth, eighteen hundred and fifty-nine," and all acts amendatory thereof, are hereby repealed: Provided, Such repeal Proviso. shall not invalidiate any obligation heretofore made by said city, or any right acquired, or proceeding had, under said act, or any prosecution, suit, or proceeding pending when this act takes effect, or any tax or assessment levied, or made under said act, or the ordinances passed in pursuance thereof, and every such suit, prosecution, or proceeding, now pending, may proceed to a final conclusion in the manner authorized by said act, and the payment and collection of any such taxes or assessment may be enforced, and the lands upon which the same were levied, sold, and conveyed therefor, in the manner provided in said act, and ordinance, or in the manner provided for in this act. Ordered to take immediate effect. Territory incorporated. [No. 228.] AN ACT to incorporate the city of Menominee. CHAPTER I. CITY AND WARD LIMITS. SECTION 1. The People of the State of Michigan enact, That so much of the county of Menominee as is included in the following descriptions, to-wit: All of fractional township thirty-one (31) north, fractional section twenty-six (26), section twenty-seven (27), section thirty-four (34), and fractional section thirty-five (35) of township thirty-two (32) north, all in range twenty-seven (27) west; also all that portion of the Menominee river, and of the Green Bay of Lake Michigan, lying between the said lands and the City of Menom- boundary line of the State of Michigan, shall be, and the same is hereby set off from the township of Menominee and organized and incorporated into a city, by the name of the city of Menominee. inee incorporated. Boundaries of Second ward. Third ward. SEC. 2. The said city shall for the time being be divided into five wards. The first ward shall include all that portion of said city, commencing at a point on the shore of Green Bay, where the center line of Quimby street, if extended, would intersect the same, thence running southerly along the shore of Green Bay to the center of the channel of the Menominee river; thence northwesterly along said channel to a point where the east line of section three (3), township thirty-one (31) north, of range twenty-seven (27) west, intersects the same; thence north along the east line of said section three (3), to the center of Quimby street; thence easterly along the center of Quimby street to the center of Kirby street, thence northeasterly along Quimby street, and Quimby street produced to the place of beginning. The second ward shall include all that portion of said city beginning on the shore of Green Bay, at the northeast corner of the first ward, thence westerly along the north boundary of said ward to the east line of section three (3), township thirty-one (31) north, range twentyseven (27) west, thence south along said line to the center of the channel of the Menominee river; thence westerly along said channel to a point where, if a line from the center of lot three (3), section three (3), township thirty-one (31) north, range twentyseven (27) west, was extended, would intersect the same; thence north to the center of Ogden avenue, thence easterly along the center of Ogden avenue to the shore of Green Bay, thence southerly along the shore of Green Bay to the place of beginning. The third ward shall include all that portion of said city commencing at the center of the point of intersection of Ogden avenue and Hamilton street, thence north along the center of Hamilton street to the center of Stephenson avenue; thence west along Stephenson avenue, and Stephenson avenue as produced, to the center of the channel of the Menominee river; thence along said channel to a point where a line extended due south from the center of lot three (3), section three (3), township thirty-one (31), range twenty-seven (27), would intersect the same; thence north to the center of Ögden avenue, thence east along the center of Ogden avenue to the place of beginning. The fourth ward shall include all that Fourth ward. portion of said city commencing at the center of Ogden avenue on the shore of Green Bay, thence northerly along the shore of Green Bay to the center of Stephenson avenue; thence west along the center of said avenue to the center of Jenkins street; thence north along the center of Jenkins street to the township line between townships thirty-one (31) and thirty-two (32) of range twentyseven (27); thence west along said township line, eighty (80) rods, thence north eighty (80) rods, thence west eighty (80) rods, thence north eighty (80) rods, thence west one hundred and sixty (160) rods, thence south one hundred and sixty (160) rods, thence west along the town line between townships thirty-one (31) and thirtytwo (32), range twenty-seven (27) to the center of the channel of the Menominee river, thence southerly along said channel to the northwest corner of the third ward, thence east along the north boundary line of the third ward to the northeast corner of the same, thence southerly along the center of Hamilton street to the center of Ogden avenue, thence east along the center of Ogden avenue to the place of beginning. The fifth ward shall include Fifth ward. all that portion of said city commencing at the center of Stephenson avenue on the shore of Green Bay, thence westerly along the north boundary line of the fourth ward to the center of Jenkins street, thence north along the center line of Jenkins street to the town line between townships thirty-one (31) and thirty-two (32), range twenty-seven (27), thence west on said town line eighty (80) rods, thence north eighty (80) rods, thence west eighty (80) rods, thence north eighty (80) rods, thence west one hundred and sixty (160) rods, thence north along the west line of sections thirty-four (34) and twenty-seven (27), township thirty-two (32), range twentyseven (27), to the southwest corner of section twenty-two (22), township thirty-two (32), range twenty-seven (27), thence east along the north line of sections twenty-seven (27) and twenty-six (26), township and range aforesaid, to the shore of Green Bay, thence along the shore of Green Bay on the meander lines of section twenty-six (26) and fractional section thirty-five (35), township thirty-two (32), range twenty-seven (27), to the place of beginning. created. SEC. 3. An additional ward may be created for every additional When additional two thousand inhabitants up to ten thousand inhabitants, and wards may be from ten thousand inhabitants one ward for each additional four thousand inhabitants. and city re SEC. 4. Whenever the council shall deem it expedient they may by When wards ordinance enact [enacted] by a concurring vote of not less than may be changed two-thirds () of the aldermen in office, re-district the city into districted. wards, divide any ward or change the boundaries thereof, establish new wards, and increase the number of the wards of the city, within the limit prescribed in the preceding section. SEC. 5. Upon the introduction of such ordinance the council Notice to be shall require the city clerk to give notice thereof and of the change given. proposed thereby in any ward or wards, by publishing such notice in some newspaper published in the city for three (3) weeks before the council shall proceed to the passage of the ordinance. How wards bounded and formed. Elections in new wards, etc. SEC. 6. All wards which may be established by the council, and all changes in the existing wards, shall be bounded by streets, alleys, avenues, public grounds, streams of water, or corporation lines; and the wards, as established or changed, shall be composed of adjacent territory, and shall be as compact as may be; and in establishing, changing, or re-districting the wards it shall be so done as to give the several wards as nearly an equal number of inhabitants as may be practicable. SEC. 7. No change in the boundary of any ward shall be made within twenty (20) days next preceding an election therein. No election of aldermen or ward officers shall be held in any newly established ward, or in any ward on account of changes in the boundaries thereof previous to the next annual city election; nor shall the office of any alderman or other officer, elected in any ward be vacated by reason of any change in such ward, but any such alderman or other officer shall, during the remainder of his term, continue in office and to represent the ward, including the place of his residence at the time of the change of the boundaries of the ward, unless the office become vacant for some other cause. SEC. 8. When by the erection of a new ward, two (2) aldermen elected. Terms are to be elected therein at the same time, one (1) of them shall be elected for one (1) year, and one (1) for two (2) years, and the terms of each shall be designated on the ballots. When two alder. men are to be of. Boundaries of wards contig. uous to Green inee river. SEC. 9. All of said wards contiguous to the Menominee river shall be deemed and held to extend to the boundary line of the Bay, on Menom- State in said river, and all of said wards contiguous to the Green Bay shall be deemed and held to extend to the boundary line of the State in said Green Bay, the boundary' lines of said wards being a direct continuation of the boundary lines where the same intersects [intersect] the shore of [said] river or Green Bay. Name, etc. Sue and be sued. CHAPTER II. EFFECT OF INCORPORATION. SECTION 1. The city shall be a body politic and corporate under and by the name of the City of Menominee; and by such name may sue and be sued, contract and be contracted with, acquire and Hold property. hold real and personal property for the purposes for which it is incorporated, have a common seal and change the same at pleasure, and exercise all the powers in this act conferred. Seal. Courts to take judicial notice of, what. Adjacent terri tory may be incorporated with, when. SEC. 2. Judicial notice shall be taken in all courts and proceedings in this State of the existence of the City of Menominee as incorporated under this act, and of all changes at any time made in the corporate limits of the said city by the annexation of territory, thereto or otherwise, and of the boundaries of all wards, and of all changes made at any time in the boundaries of any ward in the city. CHAPTER III. ANNEXATION OF TERRITORY. SECTION 1. The inhabitants residing upon any territory adjacent to the city incorporated under this act, may, at their own request, be annexed to said city in manner following: ing. SEC. 2. Application for such purpose shall be by petition to the Petition for, to [board of] supervisors of the county of Menominee, and shall be supervisors. signed by a majority of the freehold electors residing upon said territory. It shall contain the name or names of some person or what to contain. persons, who are authorized to act as agent or agents of the petitioners in securing the annexation, and shall fully describe the said territory and be accompanied by an accurate map thereof, and with a list or census of the freehold electors residing upon such territory, made within sixty days next preceding the filing of said petition and verified by the affidavit of the person making such list. Notice Notice by publiof the time and place where the application will be made and of the cation and postobject of the petition shall be given by publication of such notice in one of the newspapers of the city, and by posting copies thereof in five of the most public places upon said territory, at least one month before presenting said petition to the board. Proof of the Affidavit of pubpublication and posting aforesaid shall be made by affidavit to be filed with the petition. SEC. 3. Said petition with the map, census list, and proofs men- Action of supertioned in the preceding section may be presented to the board of supervisors at the time designated in said notice, and if no sufficient objection be made to appear thereto, the board may, by resolution reciting the filing and object of the petition and the description of said territory, consent to the annexation. Upon the passage of such resolution the clerk of the board shall make and certify a transcript thereof and a copy of said map to the city council. lication and posting. visors upon petition. declare territory SEC. 4. Upon receiving said transcript from the clerk of the Council may board the city council may, by ordinance referring to the transcript annexed. and describing said territory, consent to the application and declare the territory annexed to the city, but a rejection of the application shall not bar new proceedings for the same purpose. cript and ordi clerk and secre SEC. 5. If the application for annexation be accepted by the Copies of transcouncil, the city clerk shall make two (2) copies of said transcript, nance to be filed and of the ordinance of annexation, and certify the same under his with county hand and the seal of the city to be correct, one of which certified tary of State. copies shall be filed and recorded in the office of the secretary of State, and the other in the office of the county clerk of the county of Menominee. council. SEC. 6. Whenever the city shall desire to enlarge its corporate Acquisition of limits by the annexation of adjacent territory, the council may, by territory by resolution describing the territory sought to be acquired, authorize its annexation, and shall in the same resolution designate the time. when an application will be made to the board of supervisors of the county of Menominee for that purpose. posted. SEC. 7. Notice of the intended application shall be given by pub- Notice to be lication of a copy of said resolution in one of the newspapers of published and the city, and by posting copies thereof in five of the most public places in the said territory at least one month before the time appointed for making the application. Proof of the publication Proof of publiand posting of said resolution as aforesaid shall be made by posting. affidavit. cation and SEC. 8. Upon presenting a certified copy of said resolution and Action of supera map of the territory sought to be annexed, with proof of the visors on appli cation. |