Assessment roll to be made in four parts. to maintain or operate a street railway in such street or avenue, provided that such agreement shall not prevent the common council from granting rights to operate roads in streets crossing such street or avenue. Sec. 44. The assessment roll provided for in section thirtyseven of this chapter shall be made by the board of assessors in four parts, each part to contain a list of the lots or parcels mentioned in said section, with the names of the owners or occupants of each lot or parcel, and one-quarter of the assessment for the cost and expense of the work shall be assessed upon each lot or parcel. Such parts of the assessment roll shall be numbered one, two, three and four respectively. After said assessment shall have been confirmed, and the roll delivered to the receiver of taxes, he shall cause notice of said assessment to be printed in two of the newspapers published in said city once in each week for three successive weeks, and part one, of said assessment shall become due and payable, in thrity days: from the first publication of said notice, and parts two, three and four, shall become due and payable in one, two and threeyears respectively, from the date of said first publication. Any person may pay the amount of the assessment in parts one, two, three and four, or either of them, at any time, within thirty days from said date of said pulication without interest, but if the same shall not be paid within said thirty days then the said parts remaining unpaid, shall be payable, with interest at the rate of seven per cent from the date of confirmation of said assessment until the same shall be paid. If the amount mentioned in part one, shall not be paid within said thirty days, a penalty of five per cent in addition to the interest shall be added thereto, and a like penalty of five per cent, in addition to said interest shall be added to each of the other parts if not. paid when the same shall become due as aforesaid. Assessment rolls made under the laws of this state for assessments to defray the expense of the taking of any property or damages to any property taken for the public use, for the opening and extending of highways, or for other public purposes or for damages to any property occasioned by any public improvement of any kind shall be made in one or more parts as the common council may direct and shall become due and payable at such time as the common council shall by resolution provide, and like interest shall be added thereto, and like penalties in case of non-payment shall be imposed and added thereto in the same manner as is herein provided for assessments for street paving, and such interest and penalties shall be payable and be collected with the part or parts to which the same may be added. Assessments heretofore made shall be collected as provided by the laws in force at the time of the enactment hereof. The interest and penalties herein provided to be paid, shall be credited to the fund for which the assessment is made. (Bonds hereafter issued for street paving, shall not be regarded as part of the general city debt and shall not be subject to the limitations in respect to the amount of said debt imposed by section seven of this chapter, except an amount thereof equal to the amount of any street paving bonds heretofore issued which shall be hereafter paid.) Sec. 2. That there be added to chapter eleven of said charter of the city of Detroit a new section as follows: Sec. 46. No action shall be brought against said city nor any Actions against of its boards, commissions or officers, for any negligent injury the city to be commenced urless it be commenced within one year from the time when within one year. the injury was received, nor unless notice shall be given in writing within three months from the time of such injury to the head of the law department or to his chief assistant of the time, place and cause of such injury, and of the nature thereof. The provisions of this section shall not be a bar to a suit for any injury for which there is now a lawful cause of action, but for every such injury suit shall be commenced within six months. from the time when this action shall take effect. Approved June 1st, 1895. AN ACT To amend chapter eleven of an act entitled "An act to provide a charter for the city of Detroit, and to repeal all acts and parts of acts in conflict therewith," approved June seventh, eighteen hundred and eighty-three, by adding a new section thereto, to stand as section forty-six. Section 1. The People of the State of Michigan enact: That chapter eleven of an act entitled "An act to provide a charter for the city of Detroit, and to repeal all acts and parts of acts in conflict therewith," approved June seventh, eighteen hundred and eighty-three, be and the same is hereby amended by adding a new section thereto, to be known as section fortysix, and to read as follows: Sec. 46. Whenever the common council shall determine to Plank road companies to be asgrade, or grade and pave, or repave any street within the city sessed for street improvement. of Detroit, if any incorporated plank or gravel road company shall have acquired a right to construct and maintain a plank or gravel road over any part of the street so to be improved, and over which part of the street such corporation is in the habit of charging and taking toll for travel, the board of assessors shall, unless otherwise ordered by the common council, assess such corporation so much of such cost and expense as in the judgment of said board shall be just; such assessment shall be made according to the benefits which such corporation will receive by reason of the making of such improvements, but shall not in any case exceed such benefits, nor shall it exceed the due proportion of the cost and expense considering the benefits to be derived by the holders and owners of other property if any, liable to assessment for said improvement. Such assessment shall be entered upon an assessment roll, and shall be subject to review and revision by the board of assessors, as provided in relation to other special assessments. After the completion and confirmation of such assessment roll, such assessment shall constitute a lien until paid upon all the property rights and franchises of such corporation, and may be collected in the same manner that other like assessments are collected, and such assessment shall at once become a debt from such corporation to the city, and shall become due at the same time or times, and in like proportions at each time as assessments provided by law for paving. The city may maintain an action of assumpsit to recover each installment thereof as it becomes due. Upon the trial of any such action the assessment roll or rolls shall be prima facie evidence of the right of the city to recover the amount of such assessment, and all the proceedings relating thereto shall be presumed to be valid until the contrary is shown. The remainder of the cost and expense of such improvements after deducting the amount assessed against such corporation, shall be assessed and collected by special assessment or paid by general taxation, as the case may require, as elsewhere provided in this act. This act is ordered to take immediate effect. |