Belding banner. (Belding, Mich.) 1889-1918, 1901-02-21

Moved by Aid Fisher seconded by Aid Avery
that the following report OF the Street Commit.
tee be accepted and adopted, which motion pre-
vailed. Yeas;-Ald. Morse. Avery. Jersey.
rlsnert1J Nays None.
Feb IS, 1901
To the honorable Mayor and Common Council
| OF the City OF Belding
Gentlemen:- Your committee to whom was
reterlea tne petitlOn OF Fred r. Avery et al TO
| awe the 1ty construct IA tW eve inch sewer in
| the center OF Bridge street from point 10 be
determined south OF the intersection OF said
street with Congress street and TO connect with
the Main street sewer and TO apporuon and
| assess 10 the property owners of certain lots
| therein mentioned, beg leave TO report that we
have given the matter our careful consideration
and recommend that said petition be not
granted.
While we are confident that such n sewer
would be advantageous 10 said petitioners, vet
we are convinced that said petition Is not a
proper one upon which 10 base the necessary
| procedure required by the charter TO consum.
mate legal and binding special assessment
Section 10 Of Chapter "a, entitled Sewers,
Drains and Water Courses, provides that
special assessments for the construction of
sewers shall be made by the board OF assessors
In the manner provided ia this act for making
| special assessments"
Section provides that when the owners of
the majority OF the lands liable 10 taxation in
any sewer district or part OF "a city that may be
constituted sewer district, shall petition for
! the construction OF sewer therein the council
shall construct same"
sections y . ana outline the necessary steps
TO be taken To make "a valid ana legal assess
ment.
This proposed route OF sewer is already in
Sewer District No. | now created and unless a
Special Sewer District is created out OF the
Main Sewer District aforesaid, the petition
would necessarily have TO be signed by those
representing majority OF the land ia said
Main Sewer District IL would be possible
however, TO create a Special Sewer District out
OF said Main sewer District and have the same
constitute the lots abutting on Bridge from
Main 10 Congress, ana to construct said pro
posed line OF sewer and specially assess the
cost Of same 10 all the lots mentioned accord.
ing TO frontage or benefit provided that "A pc
tition TO that effect be presented 10 the council
signed by those representing majority of the
lands in said district.
IL would be impossible 10 constitute the lots
mentioned in the petition a sewer district for
the construction OF the sewer proposed and
mentioned for the reason that the sewer asked
for would necessarily extend beyond the limit
OF the district provided said district were not
to include all land abuttlng on Bridge street
from Main 10 Congress.
Much as we are anxious TO aid the petitioners
we are bound TO recognize the fact that 10 con-
stitute az assessment legal and binding all the
steps mentioned in the charter must be follow
ed. The petition alone, even though contain
ing request TO assess cost Of construction 10
said lots would be no lein, nor bind SAID petit
TONERS themselves should they change their
minds at time OF payment
Your committee believes that we are power
less TO act under this petition as a basis for
special assessment. And would recommend
that said petitioners either advance the costs
or secure the city. JAMES AVERY,
VIM Il. FISHER.
Committee.
On motion council adjourned.