First election of officers. Acts repealed. SEC. 23. The first election of officers for the new corporation shall be held on the first Monday in April next, and the election held and conducted, the votes canvassed, the result determined, and notice given to persons elected in the same manner and within the same time as in annual elections of the former city corporation, and by the same persons and officers whose duty it was to perform the like services under the old corporation. SEC. 24. All acts and parts of acts inconsistent with this act are hereby repealed. This act is ordered to take immediate effect. Territory incor. porated. Election of officers. President. Recorder. Treasurer. In case of failure to elect officers. [No. 242.] AN ACT to incorporate the village of New Buffalo, in Berrien county. SECTION 1. The People of the State of Michigan enact, That all that tract of country within the township of New Buffalo, in the county of Berrien, in the State of Michigan, known and described as follows, to-wit: The southeast quarter and the northeast fractional quarter of section nine, the west half and the northeast quarter, also the west half of the southeast quarter of section ten, and the west half of the northwest quarter of section eleven, in township eight south, of range twenty-one west, be and the same is hereby made and constituted a town corporate, by the name, style, and title of the village of New Buffalo. SEC. 2. The electors of said village, qualified to vote at township elections, shall meet at the office of John V. Phillips, in said village, on the second Monday in April, one thousand eight hundred and eighty-three, and on the second Monday in March, annually thereafter, at such place within the limits of said corporation as shall be designated by the president and trustees of said village, and there by ballot shall elect by a plurality of votes, one person to be president of said village; three persons shall in like manner be elected trustees, who shall hold their offices for the term of one year, and three persons shall also be elected trustees who shall hold their offices for the term of two years; one person shall be elected recorder, who shall hold his office for the term of two years; one person shall be elected treasurer, one person shall be elected marshal, and one person shall be elected assessor, who shall hold their offices for the term of one year; and annually thereafter a president, treasurer, marshal, and assessor shall be elected, who shall hold their offices for one year, and three trustees shall be so elected, who shall hold their offices for two years, and biennially after said first election there shall be elected one recorder, who shall hold his office for the term of two years; but if an election shall not be made on the day when, pursuant this act, it ought to be made, the corporation shall not for that cause be dissolved, the officers previously elected continuing and holding until an election shall be made, and it shall elections. be lawful to hold such election at any time thereafter, public Notice of notice being given as prescribed for holding general elections, by posting three printed or written notices in three of the most public places at least ten days previous to the day of holding such election. The president and trustees thus elected shall constitute a Village board. village board, a majority of whom shall constitute a quorum for the transaction of business, and a less number may adjourn from time to time. The president shall also be chief executive officer of President, his said village; he shall preside at all meetings of the board, and powers and shall have the casting vote in case of a tie on any question to be decided by said board, and it shall be his duty to see that all the officers of said village faithfully discharge their duties, and in case of his absence or inability to serve, the trustees shall have power to President pro elect from their own number a president pro tem. who shall, during the absence of the president or his inability to perform the duties pertaining to his office, have all the powers and perform all the duties of the president. duties. tem. given. SEC. 3. It shall be the duty of John V. Phillips, for the first Notice of elec election under this act, and of the recorder for all subsequent tione, by whom elections, to give at least five days' notice of the time and place of holding such election, in the same manner as provided for holding a special election, and at all elections the polls shall be open Polls. between the hours of nine and ten o'clock in the forenoon of the same day, and continue open until four o'clock in the afternoon of said day and no longer: Provided, That the said polls may be Proviso. closed for one hour from and after twelve o'clock, at noon of said day, and at the close of the polls the ballots shall be counted, and Counting bala true statement of the result thereof proclaimed to the electors present, and the recorder shall make a true record thereof, and Notice to perwithin five days give notice to the persons elected, who shall enter upon the duties of their offices on the following Monday, and in Tie vote. case of a tie vote the choice shall be determined by lot. lots, etc. sons elected. election. SEC. 4. At the first election to be holden under this act in said First board of village, there shall be chosen by the qualified electors then present, from among their number, two judges and one clerk of said election, who together shall constitute the board of elections thereof, each of whom shall, before entering upon the duties of his office, Oath. take an oath before some person authorized to administer oaths, that he will faithfully and impartially perform the duties thereof. The said board shall conduct the said election and certify the Board to certify result thereof, and at all subsequent elections the president and result. one or more trustees shall be judges of the election, and in case of Judges of the absence of the president, or his inability to serve, any two or more of the trustees shall be judges of the election, and the recorder of the village or his substitute shall be clerk of the election, all of whom shall take an oath, to be administered by either of the others, to faithfully and honestly discharge the duties of their respective offices, which said board shall have power to preserve the purity of the elections, and conduct the canvass thereafter in the same manner as township elections are conducted under the laws of this State. elections. Officers to take oath of office. SEC. 5. Each elective and appointed officer, before he enters upon the duties of his office, shall take and subscribe to an oath or affirmation, which may be administered by any trustee or other person authorized to administer oaths, to support the constitution of the United States and of this State, and that he will faithfully discharge the duties of his office according to the best of his ability. To be recorded. the record of which shall be entered on the book of records of the proceedings of said board by the recorder, who shall attend all meetings of the board, keep an accurate record of their proceedings and perform such other duties as may be assigned him by this act, and by the by-laws and ordinances of the village. Body politic and corporate. Seal; may hold real estate, etc. Sue and be sued. Suits to be com. menced by sum. mons. Proviso. Board to estab lish rules and The preserva Police. Riots, etc. Vagrants, etc. SEC. 6. The president and trustees of said village shall be a body corporate and politic with the same powers as township boards, in addition to those granted by this act, under the name of the president and trustees of the village of New Buffalo, and may have a seal which they may alter at pleasure, and may purchase and hold real estate for the use of said village, and at any time sell and convey the same, and may sue and be sued, defend and be defended, in any court, but when any suit shall be commenced against the corporation, the same shall be commenced by summons, an attested copy of which shall be served upon the president of the village at least eight days before the return day thereof: Provided, That in case such summons can not for any reason be served upon the president, it may be served on any one of the trustees, and all processes shall read, to answer to the village of New Buffalo, or run against the village of New Buffalo. SEC. 7. The said board shall have power to ordain and establish regulations for. by-laws, rules, and regulations, and the same to alter and repeal at pleasure, for the following purposes, viz.: For the preservation and maintenance of the corporate property and public places and tion of property buildings of said village; to regulate the police thereof; to preserve the public peace; to prevent riots, disturbances, and disorderly assemblages; to appoint watchmen and policemen, and organize a Fire department. fire department, and define their duties, and prescribe penalties for all delinquencies of their officers and appointees; to restrain, apprehend, and punish vagrants, mendicants, drunkards, and all disorderly persons; to punish lewd and lascivious behavior in the Gaming houses. streets, and all other public places; to suppress disorderly and gaming houses, and all devices and instruments of gaming, and shall have the exclusive power and authority to license such persons as tavern keepers, common victualers, and keepers of saloons, as they shall think best, but no license shall be in force except during the life of the board granting it; to prevent the selling or giving away of spirituous or fermented liquors to drunkards, sale of liquors, minors, or apprentices; to prevent and punish immoderate riding Tavern and saloon keepers, etc. Regulate the Immoderate riding, etc. Nuisances. Incumbrances or driving in the streets; to abate, prevent and remove nuisances and houses of ill-fame, and to punish the keepers and inmates thereof; to prevent and compel the removal of all incumbrances and obstructions upon the streets, walks, lanes, alleys, and public grounds; and it is hereby made the duty of said village board to see that all streets belonging to said corporation, to keep in repair, shall be so kept, and that all obstructions to travel on any of the streets, lanes, alleys, or crossings shall be removed so as to admit of uninterrupted travel, and to keep in repair all bridges, crosswalks, and culverts that are within their jurisdiction and under their control, and which are open to public travel, and for that purpose Levy of taxes may levy an additional tax, not exceeding five mills on the dollar for. in any one year, to be used for that purpose and no other. And Wharves, etc. shall have power to establish, construct, maintain, and control public wharves, docks, piers, landing places, and levees, upon any lands or property belonging to or under the control of said village, including the land and property at the foot or end of all the streets and public highways in said corporation, and the council may lease wharfing, docking, and landing privileges upon any of the public wharves, docks, or landings, but not for a longer term than ten years, and in such manner as to preserve the right to all persons to a free passage over the same with their baggage. The council shall have authority also to require and cause all docks, wharves, and landing places, whether upon public grounds or upon the property of private individuals to be constructed and maintained in conformity with such grade as may be established therefor by the council, and to prescribe the line beyond which any such wharf, dock, or landing shall not be constructed or maintained. The council shall also have authority to prohibit the incumbering of the public wharves, landings, and docks, and to regulate the use of the same, and to prescribe the rates and charges for landing, wharfage, and dockage at all public wharves, docks, and landings, and to collect wharfage and dockage from boats, watercrafts, and floats landing at or using any public landing place, wharf, or dock within the said village. SEC. S. The village board or council shall have authority to pro- To preserve vide by ordinance for the preservation of the purity of the water purity of water. of the harbor, and all other waters within the village, to control duties. and regulate the anchorage, moorage, and management of all boats, watercraft and floats within the jurisdiction of said village, and may at their discretion appoint a harbor master who shall have Harbor master, power, under the direction of the village board, to enforce the ordi- his powers and nances that may from time to time be enacted relative to said harbor, waters, and streams, the maintaining order therein and for the safety and convenience of all such boats, craft, vessels, and floats; and to regulate the opening and passage of bridges, and generally to enforce such ordinances and regulations, not inconsistent with the laws of the United States or this State, as in the opinion of the council shall be most conducive to the orderly, safe and convenient use and occupancy of the harbor, navigable waters, wharves, docks, piers, and landing places within the village; to compel the cleaning of owners or occupants of lots to clean sidewalks in front of and adja- streets, sidecent thereto of dirt, mud, boxes, and every incumbrance or obstruction thereto; to regulate the storage of powder, lumber, or other Gunpowder, etc. combustible material; to prevent the use of firearms, slugshots, and other weapons and fireworks; to regulate the sale of hay, wood, Sale of hay, lime, and lumber; to maintain and regulate pounds, and provide wood, oto. waks, etc. Pounds, animals, etc. Dogs. Water supply. daries and Erection of buildings, To regulate duties of officers, Sidewalks. for the restraint of horses, cattle, sheep, swine, mules, and other animals, and geese and other poultry; to prevent the running at large of dogs, to require them to be muzzled, and to authorize their destruction if found at large in violation of any ordinance; to construct hydraulic works to supply the village with water; to establish wells and cisterns, and prevent the waste of water; to borrow Borrow money. money for public improvements, not exceeding one thousand dolCemeteries, etc. lars in any one year; to purchase ground for and regulate cemeteries and the burial of the dead, and to provide for the return of bills of mortality, and to order the use for burial purposes of any burial ground or cemetery to be discontinued whenever they shall deem the same necessary for the best interest or health of the citiEstablish boun- zens; to ascertain, establish and settle the boundaries of all the grades. streets and alleys, and to establish the grades of the streets and Partition fences. Walks; to regulate the building of partition fences; to prevent the erection of buildings in an unsafe manner, and to pass all necessary regulations relative to buildings deemed unsafe; to regulate the construction of smith's shops, planing establishments, bakeries, and all other buildings considered hazardous; to guard against fire; to regulate the duties, powers, and fees of the village officers; to prescribe the setting of posts and shade trees; to provide for the construction of sidewalks and repairing the same; grade the walks, streets, and alleys, and to prescribe the manner of planking or paving them, the cost and expenses of which to be paid by assessment on the lots in front of or adjoining which either or all of such improvements shall be made, but not otherwise, but none of said improvements shall be made unless the individuals owning one-half the property to be assessed for the same improvements shall petition the president and trustees for that purpose; to lay out new streets and alleys and extend those already laid out, under the restrictions provided in this act; to vacate streets and alleys; to prescribe the levying and collecting of highway and other taxes; to provide for the taking of a census whenever they shall see fit; to tax and regShows, auction- ulate theaters, shows, and concerts; to regulate and tax, at their discretion, auctioneers, or auction sales, gift enterprises, hawkers, hucksters, peddlers, and pawnbrokers; to rail and curb when necessary all walks at the expense of the owners of the adjoining lots; to levy taxes not exceeding one per cent upon the assessed valuation thereof, exclusive of school and highway taxes, on all personal and real estate within the limits of the village, except property belonging to the village, town, county, and State, excepting also places of public worship belonging to any church or congregation, and all grounds, buildings, and property used exclusively for educational purposes, or property owned by and used expressly To take private for charitable purposes; to take the lands of any individual for the purpose of constructing, widening or extending streets and alleys, but not until said individual shall be paid the value thereof, and of all buildings upon said lands, and [all] damages he will sustain, as provided in this act. For the violation of any by-laws, rules, and regulations, such reasonable penalties and fines as may be imposed by the law itself, as the president and trustees may deem proper, To lay out, extend, and vacate streets, etc. Taxes. Census. eers, peddlers, etc. To levy taxes, etc. property for public use. Penalties, etc. |