Charlevoix county herald., 1911-07-01

in their opinion the public convenience
will be promoted thereby. Whenever
a grade shall be established or alter
ed. a record and diagram thereof shall
be made in the book Of street records
in the office of the city clerk, and 1t
shall be the duty of the suyvevn~' to
make such record.
Sec. Z. Whenever any street, aIiey
or public highway shall have been
graded. or pavement shall have been
constructed in conformity to grades es-
tablished by authority Of the city, and
the expenses thereof shall have been
assessed upon lots or lands bounded by,
or abutting upon such street, alley or
public highway, the owner or owners
of such lots or lands shall not be sub
| ject to any special assessment occas-
ioned by any subsequent change of
grade in such pavement. alley or pub
| lie highway, but the expense of all
improvements occasioned by such
change of grade shall be chargeable to
and be paid by the city.
Sec. s. Whenever the grade of any
street or sidewalk shall have been
heretofore, or shall hereafter, be es-
tablished, and Improvements shall
hereafter be made by the own
er or occupant of the adjacent
property in conformity to such grade,
such grade shall not be changed with
out compensation to the owner for all
damages to such property resulting
therefrom, to be ascertained by jury
as provided by the general laws of
the state, or said damages may be
ascertained and agreed upon by and
between such city and the owner or
occupant Of such premises. When
ever such damage shall be ascertain
ed or agreed upon as heretofore pro-
vided such damages, or such part
thereof as the commission shall deem
equitable and just, shall be paid by
the city, or the commission may cause
such damages, or such part thereof
as may be just and proper. to be
assessed upon such real estate as may
be benefited by reason of the change
of such grade, and whenever the COM
mission shall determine to assess
such damages, or any part thereof,
upon the property benefited, it shall
determine and define a district in said
city which In it's judgment is bene-
flied by the improvement out of which
said damages arise and shall cause
the same to be assessed upon
such district, which said assessment
shall be upon the owners or occupants
of the taxable real estate in said dis
trict in proportion as nearly as may
be to the advantage or benefit each
lot, parcel or subdivision Is deemed
to acquire by the Improvement out of
which such damages arise, but the
property on account OF which such
damages were awarded shall not be
included IN said district. The assess
ment shall be made, and the amount
levied and collected In the same man
ner as other assessments on a dis
trict deemed to be benefited in the
grading and improvement of streets,
as provided for in this chapter; and
all the provisions of chapter XI. Of
this charter, relative to special assess
ments and the collection thereof, shall
apply thereto. Such damages, when
collected as aforesaid, and when de-
termined by said city shall be paid to
the person entitled thereto.
Sec. Q. Such part of the expense
of improving any street, lane or alley,
by grading, paving, planking, curbing.
or otherwise, and of repairing the
same as the commission shall deter
mine and keeping the same free from
dust and nuisance may be paid from
the general fund, or the whole of such
| part OF the expense Of such improve
ment as the commission shall deter
assessments upon lots and premises
included in special assessment dis.
trict, to be constituted of the lands
fronting upon that part of the street
or alley so improved or proposed so
to be; or constituted of lands front
ing upon such improvement, and such
other lands as in the opinion of the
commission may be benefited by the
improvement.
Sec 10. The commission shall pro-
vide for and regulate the planting Of
shade and ornamental trees in the
public highways, streets and avenues
of the city, and for the protection
thereof.
Sec. IL. When the commission shall
deem 1t for the public interest,
grounds and buildings for necessary
public uses, may be purchased, erect
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