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Bonds, how issued.

"For the issuing of bonds to (Purpose) Yes [ ]." "For the issuing of bonds to (Purpose) No [ ]." The election shall be conducted and the votes canvassed in all respects, as in other township or village elections.

SEC. 4. If at such election a majority of such qualified electors present thereat and voting upon said proposition shall vote in favor of such loan, such bonds shall be issued by the township board of the township or the village council or board of trustees of the village, as the case may be, in denominations not exceeding one thousand dollars each, at a rate of interest not exceeding five per centum per annum, and

for a period not exceeding twenty-five years, as the said township board, or the said common council, or board of trustees, How signed by resolution, shall direct. Said bond, or bonds, issued by a township board, shall be signed by the members of the said township board and countersigned by the township treasurer, and when issued by a village council shall be signed by the president and clerk of said village and countersigned by the How negoti- village treasurer. Said bond, or bonds, shall be negotiated by and under the direction of said township board, or common council, or board of trustees of incorporated village, to raise in each year by tax upon the taxable property of such township, or incorporated village, such sums of money as shall be sufficient to pay the amount of said bonds and the interest thereon, as the same shall become due.

ated.

SEC. 5. No bonds issued under and by virtue of this act shall be used or negotiated at less than their par value.

SEC. 6. It is hereby declared that this act is immediately necessary for the public health, peace and safety.

This act is ordered to take immediate effect.
Approved March 9, 1917.

Sections amended.

[No. 6.]

AN ACT to amend sections four, five, eighteen, twenty-one and twenty-five of act number two hundred seventy-nine of the Public Acts of nineteen hundred nine, as amended, entitled "An act to provide for the incorporation of cities and for revising and amending their charters," being compilers' sections three thousand three hundred seven, three thousand three hundred eight, three thousand three hundred twenty-one, three thousand three hundred twenty-four and three thousand three hundred twenty-eight of the Compiled Laws of nineteen hundred fifteen.

The People of the State of Michigan enact : SECTION 1. Sections four, five, eighteen, twenty-one and twenty-five of act number two hundred seventy-nine of the

Public Acts of nineteen hundred nine, as amended, entitled "An act to provide for the incorporation of cities and for revising and amending their charters," being compilers' sections three thousand three hundred seven, three thousand three hundred eight, three thousand three hundred twentyone, three thousand three hundred twenty-four and three thousand three hundred twenty-eight of the Compiled Laws of nineteen hundred fifteen, are hereby amended to read as follows:

SEC. 4. Each city may in its charter provide: (a) For annually laying and collecting taxes in a sum not to exceed two per centum of the assessed value of all real and personal property in the city;

Permissive charter pro

visions.

lowering

(b) For borrowing money on the credit of the city in a Loans. sum not to exceed eight per centum of the assessed value of all real and personal property in the city: Provided, That in Proviso, cities where the amount of money which may be borrowed is raising or now limited by law, such limit shall continue until it shall limit. be raised or lowered by a three-fifths vote of the electors voting on the question at a general or special election, and in such cities, bonds issued for public improvements in connection with which a special assessment district is made to pay therefor, and which are a charge upon such district, shall not be included unless the contrary is provided by the charter, and the resources of the sinking fund shall be deducted in determining the amount of such indebtedness. No single increase shall exceed two per centum of the assessed value of the real and personal property in the city. When a city is authorized to acquire or operate any public utility, it may for the purpose of acquiring the same borrow money on the credit of the city in a sum not to exceed two per centum of the assessed value of all the real and personal property of the city, and the city may also, for the purpose of acquiring such public utility, issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by law: Pro- Proviso, vided, That such mortgage bonds issued beyond the general when bonds issued beyond limits of bonded indebtedness prescribed by law shall not limit. impose any liability upon such city, but shall be secured only upon the property and revenues of such public utility, including a franchise stating the terms upon which, in case of foreclosure, the purchaser may operate the same, which franchise shall in no case extend for a longer period than twenty years from the date of the sale of such utility and franchise on foreclosure: And provided further, That the charter shall provide Further profor the creation of a sinking fund by setting aside such per- viso, sinking centage of the gross or net earnings of the public utility as may be deemed sufficient for the payment of the mortgage bonds at maturity. In case of fire, flood or other calamity Emergencies. the legislative body may borrow for the relief of the inhabitants of the city and for the preservation of municipal property, a sum not to exceed one-fourth of one per centum of the

Proviso, fourth class cities.

Rents, etc.
Trades, etc.

Punishments.

Departments.

Proviso.

Streets.

Franchises.

assessed value of all real and personal property in the city, due in not more than three years, even if such loan would cause the indebtedness of the city to exceed the limit fixed in the charter. No city shall have power to incur indebtedness or issue bonds of any kind except for emergency purposes as above stated, and bonds secured only by mortgage on the property and franchise of a public utility which shall exceed in the aggregate ten per centum of the assessed value of all the real and personal property in the city: Provided, That the cities now incorporated as fourth-class cities may while so incorporated incur indebtedness up to the limits contained in the act of incorporation;

(c) For laying and collecting rents, tolls and excises; (d) For the regulation of trade, occupations and amusements within its boundaries, and for the regulation and restriction of the territory within which saloons where intoxicating liquors are sold at retail, may be located, but no charter shall permit the sale of such liquor in any county where such sale is prohibited by operation of the general local option law of the State;

(e) For the punishment of those who violate its law or ordinances, but no punishment shall exceed a fine of five hundred dollars or imprisonment for ninety days, or both in the discretion of the court; said imprisonment may be in the county jail or city prison, or in any workhouse in the State authorized by law to receive prisoners from such city;

(f) For the establishment of any department that it may deem necessary for the general welfare of the city, and for the separate incorporation thereof: Provided, however, That these provisions shall not be construed to extend to and include public schools;

(g) For the use, regulation and control of the surface of its streets, and of the space above and beneath them;

(h) For assessing and reassessing the cost, or any portion thereof, of any public improvement to a special district;

(i) For the purchase or condemnation of the franchises, if any exist, and of property used in the operation of companies or individuals engaged in the plank road, cemetery, hospital, alms house, electric light, gas, heat, water and power business, and in cities having not less than twenty-five thousand inhabitants the purchase of the franchise, if any, and the property of street railway and tram railway companies. And each city may in its charter provide that it may make a contract, upon such terms, including terms of present or deferred payment, and upon such conditions and in such manner Operation of as the municipality may deem proper, to purchase, operate and maintain any existing public utility property for supplying water, heat, light, power, or transportation to the city and the inhabitants thereof. No such contract shall bind the municipality unless the proposition therefor shall receive the affirmative vote of three-fifths of the electors, including women

public

utilities.

taxpayers having the qualifications of male electors voting
thereon, at a regular or special election. In the event of any
such purchase of a transportation utility, the charter amend-
ment and the contract to purchase may provide for the crea-
tion of a sinking fund, into which shall be paid from time to
time, from the earnings of the utility, sums sufficient to insure
the payment of the purchase price and the performance of
the obligations of said contract, to the end that the entire
cost of such public utility shall eventually be paid from its
earnings. Within a reasonable time after the acquisition of
a public transportation utility the officials in charge of the
operation shall establish a system of civil service for the se-
lection and retention of its employes. When a vote is taken
to amend a city charter for the purpose of acquiring any of
the above-mentioned powers, a vote may also by direction of
the legislative body of the city, be taken at the same election
upon a proposition to make a particular contract within the
scope of said proposed amendment: Provided, That the vote Proviso,
upon the charter amendment and upon the proposition to ballots.
purchase shall be upon separate ballots. When a transporta-
tion utility is so acquired State and county taxes shall be paid
thereon as if privately owned, also local taxes on any portion
of such property lying outside of the city limits. The powers
in this subdivison contained shall be in addition to the pow-
ers provided for in the other subdivisions of this section, and
the exercise thereof shall not impair or affect the right to ex-
ercise any of the powers in the other subdivisions of this sec-
tion conferred;

separate

tion facilities.

(j) For owning, constructing and operating transportation Operation of facilities within its limits, and in its adjacent and adjoining transportasuburbs within a distance of ten miles from any portion of its city limits, if according to the next preceding United States census it had a population of not less than twenty-five thousand inhabitants;

tion of private

(k) For the purchase and condemnation of private prop- Condemnaerty for any public use or purpose within the scope of its pow- property. ers; also for the acquirement, ownership, establishment, construction and operation, either within or without its corporate limits, of public utilities for supplying water, light, heat, power and transportation to the municipality and the inhabitants thereof, for domestic, commercial and municipal purposes; and for the sale and delivery of water, heat, power and Water, light, light without its corporate limits to an amount not to exceed heat. twenty-five per centum of that furnished by it within its corporate limits for like purposes; and for the operation of transportation lines without the municipality and within ten miles from its corporate limits: Provided, That the right to own Proviso, or operate such transportation facilities shall not extend to which cities any city of less than twenty-five thousand inhabitants accord- etc. ing to the last preceding United States census. The acquire- Purchase or ment of any such utility, together with all properties, fran- condemna

may own,

tion.

Proviso, referendum.

Use of streets, alleys, etc.

Initiative and referendum.

Streams, etc.

Special acts.

Regulations.

Nominations and elections.

Municipal powers.

chises and rights necessary for its establishment, ownership, construction, operation, improvement, extension and maintenance, whether such properties, franchises and rights are situated within or without the corporate limits of such city, may be either by purchase or condemnation. If by condemnation, the provisions of act number one hundred forty-nine of the Public Acts of Michigan, approved March twenty-five, nineteen hundred eleven, entitled "An act to provide for the condemnation by State agencies and public corporations of private property for the use or benefit of the public and to define the terms 'public corporations,' 'State agencies' and 'private property' as used herein," or such other appropriate provisions therefor as exist, or shall be made by law, may be adopted and used for the purpose of instituting and prosecuting such condemnation proceedings: Provided, however, That no such public utility shall be so acquired unless the proposition to do so shall have first received the affirmative vote of three-fifths of the electors of such city voting thereon, at a regular or special municipal election, and upon such proposition women taxpayers having the qualifications of male electors shall be entitled to vote;

(1) For the use, by others than the owner, of property located in streets, alleys and public places and used in the operation of a public utility, upon the payment of a reasonable compensation to the owners thereof;

For the initiative and referendum on all matters (m) within the scope of its powers and for the recall of all its officials;

(n) For a plan of streets and alleys within and for a distance of not more than three miles beyond its limits;

(0) For the use, control and regulation of streams, waters and water courses within its boundaries, but not so as to conflict with the law or action thereunder where a navigable stream is bridged or dammed; or with riparian or littoral rights without their corporate limits;

(p) For altering, amending or repealing any special act affecting any municipal concerns or existing municipal department, but the department in control of the public schools shall not be construed to be a municipal department;

(q) For the enforcement of all such local, police, sanitary and other regulations as are not in conflict with the general laws;

(r) For a system of civil service;

cers.

(s) For the nomination and election of all municipal offiNominations may be made by a partisan or non-partisan primary, by petition or by convention, and elections may be by a partisan, non-partisan or preferential ballot in such manner as the charter of any city may now or shall hereafter prescribe;

(t) For the exercise of all municipal powers in the management and control of municipal property and in the admin

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