Section 1. The city council shall have power
by ordinance to prescribe the form of assessment rolls, and prescribe
the duties and define the powers of assessors; provided, that the
assessors shall have the same powers as state assessors. The city
council may also make such rules and give such directions in relation
to revising, altering or adding to the rolls as they may deem proper
and expedient.
Section 2. The city council shall have power
and authority to levy and collect taxes upon all property, real and
personal, taxable by law for State purposes within the limits of said
city, and not by general law exempt from municipal taxation, not exceeding
one-half of one per centum per annum upon the assessed value thereof,
to defray the contingent and other expenses of the city, not herein
otherwise provided for, which taxes shall constitute the general fund.
Section 3. The city council shall each fiscal
year levy and cause to be collected a tax on all the real and personal
property, taxable by law for state purposes within said city, and
not by general law exempt from municipal taxation, sufficient for
the payment of all interest and bonds, for the payment of which the
said city is liable during said fiscal year, which year shall commence
the first day of April and end the thirty-first of March following,
and said tax, when collected, shall be applied exclusively to such
payment and to no other purpose; provided, however, that if in any
fiscal year the amount of bonds maturing shall exceed twenty thousand
dollars, the city council shall provide for the said excess by the
reissue of bonds bearing no higher rate of interest, and running for
no shorter term of years, than were the bonds in excess as maturing
at the date of their issue.
Section 4. The city council shall have power
to levy and collect on the real estate in the lamp district or districts
which they can from time to time create, a sufficient tax to defray
three-fourths of the expense of lighting the streets in such district
or districts respectively.
Section 5. The city council shall have power
to levy and collect a poll tax not exceeding one dollar and fifty
cents for every year upon all male persons, residents of the city,
over the age of twenty-one years, and under fifty years, which tax
shall be appropriated to the improvement of the streets within the
limits of the city, and to no other purpose. All residents of the
city shall be exempt from working on the public roads or highways
beyond the city limits, nor shall they be compelled to pay poll tax
for keeping the same in repair. The city council shall also have power
to levy and collect a tax on dogs not exceeding five dollars, nor
less than one dollar, whether male, female, or pups.
Section 6. The city council may levy and collect
a special tax on all real and personal property within the city, taxable
by law for State purposes, and not by general law exempt from municipal
taxation, for the erection of markets, city hall, hospitals, or workhouses,
waterworks, and gas works, within and without the city limits, for
the purchase of market grounds, public squares, parks, gas works,
or for any public improvement; provided, that the estimated cost of
such improvements or purchases may be apportioned by the city council
and collected by a series of annual assessments; but no tax or taxes
shall be levied in any one year, under this section, which shall exceed
five mills on the dollar on the property assessed for any and all
purposes in this section specified; provided, further, that the proposition
for such special tax shall have been first submitted to a vote of
the qualified voters of said city, and approved by a majority thereof;
provided however, that the mayor and city council shall have power
to levy a tax on all the real and personal property in the city taxable
for state purposes, and not exempt by law from municipal taxation,
not exceeding one percent, in order to complete the market house and
city hall building already commenced and in course of construction,
without any vote being taken on the same. Whenever the owners of a
majority of the real estate fronting on any street, avenue, lane,
alley, or parts thereof, shall petition the city council to grade,
pave or macadamize such street, avenue or alley, the city council
shall order an assessment to be made of all the property fronting
on such street, lane, avenue, or alley, or parts thereof, proposed
to be graded, paved or macadamized, and shall levy and collect a special
tax according to extent of front of property fronting on the same
to the amount of one-half of the sum required to make the improvement
petitioned for, and the city council shall supply the remainder from
any money in the treasury not otherwise appropriated.
Section 7. Whenever it shall appear to the
city council that a sidewalk is needed for public convenience along
any avenue or street, or whenever the owners of a majority of the
real estate fronting on any avenue, street, or block thereof, shall
petition the city council to construct sidewalks along the side or
sides of such avenue, street, or block thereof, the city council shall
order an assessment to be made of all the property fronting on the
avenue, street or block along which the proposed walk is to be constructed,
and shall levy and collect a special tax according to the extent of
the respective fronts, sufficient to make the sidewalk ordered to
be made or petitioned for, which shall be applied to that purpose
and no other; provided, that the city council may permit any owner
of the property fronting on the proposed sidewalk to construct same
under the direction of the city engineer or street commissioner in
strict conformity in all respects with the remainder of the sidewalks
on such avenue, street or block.
Section 8. The general and special taxes levied
by the city on property in conformity with the powers granted by this
charter shall constitute a lien on the property against which they
are levied, until paid, and the city council shall have power to cause
real estate to be sold for delinquent taxes in such manner as they
may provide by ordinance; and to provide for the redemption thereof
in such manner as shall not be inconsistent with the laws of this
state and may in the same manner give power to the city collector
to levy upon and sell any personal property, delinquent for taxes
or to bring suit in the name of the city against any person delinquent
in the payment of taxes, in any court of competent jurisdiction, which
court shall render judgment therefore, at the return term thereof,
unless such delinquent shall file an affidavit that said taxes have
been paid, or were levied in error, in which case the court may grant
a continuance until the next term thereof, but not longer, and upon
award of judgment against said delinquent for the amount of taxes,
with all interest, penalties and charges, as may be prescribed by
ordinance, together with the costs of the proceedings, special execution
shall issue against the delinquent property, which shall be enforced
as in other civil cases under the laws of this state.
Section 9. The city council shall have power
to cause to be made or executed by the city collector, a deed or deeds,
for lots or lands when the same shall have been sold under the ordinances
of the city, for non-payment of taxes due the city; and such deeds,
when executed shall be received in like manner, and shall have the
same force and effect as state tax deeds by the general laws of the
state.
Section 10. The city treasurer shall be the
sole custodian of all funds belonging to the City of Chillicothe from
whatsoever source derived and shall disburse the same only upon the
proper warrant of the city auditor, countersigned by the city clerk,
except for the redemption of the bonds and interest coupons of said
city as the same shall from time to time mature, and said city treasurer
shall upon payment of such bonds or coupons immediately cancel the
same and said treasurer shall at the end of each quarter surrender
to the city auditor all bonds or coupons so retired by him during
each quarter, and the city auditor shall issue to the treasurer a
warrant for the amount of the same, which said bonds and coupons having
been compared by the auditor with the register of bonds issued and
duly marked "canceled" thereon, shall by said auditor be filed in
his office until the close of the fiscal year; when upon settlement
of said auditor's accounts with the city, said bonds and coupons
shall be burned in the presence of the city council, or a committee
thereof, and the clerk of said council shall certify under the seal
of the city, the numbers and amounts of said bonds and coupons so
burned, and for what purpose issued, which certificate shall be filed
by the auditor in his office.
Section 11. No warrant shall be drawn by the
city auditor or be paid by the city treasurer unless the money has
been previously appropriated by order of the city council; provided
that the auditor may draw his warrant on the treasurer for the refunding
of money to any purchaser or purchasers at any city tax sales, where
the property so purchased may have been redeemed by the owner thereof
subsequent to such sale, in which case the certificate of purchase
to be surrendered to the auditor by such purchaser or purchasers shall
be a sufficient voucher to the auditor for the issue of his warrant
upon the treasurer for the amount due them.
Section 12. The city council shall not make
any appropriation for any purpose whatsoever exceeding one thousand
dollars in excess of the income received and unappropriated at the
time any such appropriation is made.
Section 13. The city council shall have no
power to appropriate money for other purposes than are provided for
in this charter, without first submitting such appropriation to a
vote of the qualified voters of said city and a majority thereof shall
have approved of such appropriation; nor shall the city auditor draw
his warrant for, nor the treasurer pay the amount of, or any portion
of such appropriation, without the approval of the majority of the
qualified voters for such appropriation as herein provided.
Section 14. The auditor and treasurer shall
have free access to each other's offices for the inspection of
all books, accounts and papers which may concern any of their duties,
and if the said city auditor shall knowingly issue any warrant upon
the city treasurer, not authorized by law, or if said city treasurer
shall willfully and unlawfully refuse to pay any warrant lawfully
drawn upon him, or if either of said officers shall willfully neglect
or refuse to perform any duty enjoined on them by law, or shall willfully
do any act not authorized by law or in any other manner not required
by law, they shall be deemed guilty of a misdemeanor, and, upon conviction,
shall forfeit to the city any sum not exceeding five hundred dollars,
and be imprisoned in the county jail of Livingston County for any
length of time not exceeding one year.
Section 15. The city council shall, by ordinance,
as soon as practicable after the passage of this act, provide for
an appeal from the decision of the auditor of the City Council by
any person interested in the decision of any claim or account against
the city, and also the issuing of duplicate bonds, coupons and warrants,
in lieu of those which may be proved to have been destroyed or lost,
under such conditions and restrictions as the interest of the city
shall require, and also prohibiting the city auditor and treasurer
or their clerks or employees, or any other city officer from dealing
in the bonds, coupons, warrants or other evidences of city indebtedness,
at less than their par value; and the city council shall have power
to pass such other ordinances for the collecting, safe keeping and
disbursing the revenue of said city, as they may deem necessary and
proper, and not inconsistent with the provisions of this charter,
or of the constitution and laws of this state.
Section 16. All persons other than the city
treasurer, charged with the collection of monies under the ordinances
of the city, shall promptly pay the same over to the treasurer under
such penalties for default thereof as the ordinances of said city
shall prescribe; for which money the said treasurer shall issue duplicate
receipts, and the person receiving the same forthwith deposit one
of them with the city auditor, who shall credit the person accordingly
and charge the treasurer with the amount; and the city council, by
ordinance, shall provide for the keeping of all books, accounts and
registers by said auditor and treasurer as shall be necessary to the
exhibiting of the financial affairs of said city in a plain, clear
and comprehensive manner, which books, accounts and registers shall
at all times be open to the inspection of the city officers, city
council, or any committee thereof, or any citizen of said city during
the usual hours for business in the offices where the same shall be
kept.
Section 17. All city improvements of whatever
kind or character including the erection of all public buildings made
or to be erected at the expense of the said city, shall be let by
contract to the lowest responsible bidder; and previous to the execution
of any such contract for the making of improvements or the erection
of buildings, the city auditor shall advertise in at least one paper
published in said city for sealed proposals for the doing of the required
work, the first insertion of which advertisement shall be at least
twenty days prior to the day specified for the opening of such bids,
upon which day the said auditor, in conjunction with the city treasurer
and engineer, shall examine all the proposals received, and if all
such propositions are not deemed too high for the proposed work, the
contract shall be awarded as herein specified, and upon the approval
of such award by the city council, the mayor shall execute in behalf
of said city, contracts in triplicate with the successful bidder or
bidders, each of which shall be countersigned by the city clerk under
his official seal; and one copy thereof shall be filed with the city
auditor, one shall be delivered to the city engineer or other officer
in charge of the work to be constructed, and the third to the constructor;
provided, that nothing in this section shall be so construed as to
prevent the repairs by day's work of streets, sewers, culverts,
buildings or other city property, so far as may be necessary for their
preservation, under the direction of the city engineer or other proper
officer, when such repairs shall have been ordered to be made by a
vote of the city council.
Section 18. The city council may, under the
general power to borrow money on the credit of the city (as provided
in Section Two (2), Article Four (IV)(Section 4-2 of this compilation),
provided by ordinance for borrowing money or issuing the bonds of
the city for the following objects:
First: In payment of any subscription by said
city to the stock of any railroad which may terminate in or pass through
said city, or in and of the construction thereof;
Second: To grade, pave, macadamize or otherwise
improve any public street or avenue in said city, where such improvement
is not made upon the petition of a majority of the property holders
fronting on said streets or avenues or where the charging of such
work or improvement against such property would from its magnitude
be extraordinarily burdensome on the owners thereof, and such would
be for the general benefit of the entire city;
Third: To construct public sewers;
Fourth: To purchase the grounds upon which
to erect the buildings and reservoirs necessary for lighting said
city with gas, and for supplying its inhabitants with water; and to
complete and put in operation such gas and water works, with all the
mains, pipes, levels, hydrants or other apparatus, machinery and fixtures
in anywise appertaining thereto;
Fifth: For the erection of all public buildings
of whatever character or description necessary to the use of said
city; provided, however, that every ordinance for borrowing money
shall specify the sum to be borrowed, and the object to which the
same is to be applied, and that it shall have been passed by a vote
of a majority of the city council, and after due publication in the
several newspapers published in said city, it shall have been submitted
to a vote of the qualified voters thereof, and approved by the two-thirds
of the votes cast at any general or special election held in said
city, before such ordinance shall be in force and effect; and provided,
however, that the mayor and city council shall have the power without
submitting the same to a vote of the people, to issue bonds with interest
not exceeding 10 per cent per annum, and not exceeding ten thousand
dollars in amount; for the purpose of completing the city hall and
market house building already commenced and in course of construction,
provided further, that until and after said city shall contain by
actual enumeration, a population of six thousand inhabitants, the
public debt, including the floating debt, of said city of Chillicothe,
shall not exceed the sum of one hundred and twenty-five thousand dollars,
and all bonds, subscription, and other evidences of indebtedness issued
or made by said city in excess of said sum shall be absolutely null
and void. Whenever a proposition to borrow money shall be passed and
approved as hereinbefore provided, the bonds may be issued in pursuance
of ordinance, in proper form, with the necessary coupons attached,
having not more than thirty years to run, and in denomination of not
less than five dollars each, and bearing such rates of interest not
exceeding ten percent per annum, and payable at such place as the
ordinance authorizing such issue may prescribe; said bonds shall be
signed by the mayor and attested by the city clerk, under his official
seal, who shall deliver the same to the city auditor, who shall countersign
said bonds, register the same in proper books, to be kept for that
purpose, sign the interest coupons attached thereto and deliver the
same to the city treasurer, or other person or persons authorized
by ordinance to receive them, and take his or their receipts for the
same.
Section 19. The city shall not at any time
become a subscriber for any stock in any corporation unless the proposition
to subscribe such stock shall have been passed and approved in like
manner as is herein provided for propositions to borrow money.
Section 20. The city council shall provide
by ordinance for a settlement of the accounts of the auditor and treasurer,
or other city officers charged with the collection of city funds,
at the close of each fiscal year, and shall publish in a paper published
in said City of Chillicothe, a statement of receipts and expenditures
of every description for the last fiscal year, including all monies
that have passed through the hand of the auditor and treasurer for
any purpose whatsoever, together with the different sources of city
revenue, the amount received under each, the several appropriations
made by the city council, the object of such appropriations and the
sum expended under each, also a statement of all money borrowed upon
the credit of the city, whether by temporary loans or otherwise, the
terms of such loans, by what authority made, how applied, how much
of the same or other city indebtedness remains unpaid, together with
the auditor's estimates for the next fiscal year, and such other
special information as will give the people of said city a concise
and plain statement of the condition of its financial affairs.
Section 21. The city council shall by ordinance
prescribe the amount of bonds to be required from each and every officer
elected or appointed under this act, and the number of sureties to
be required for each, which said bonds, when approved by the mayor,
shall be filed with the city clerk.