be required by the Council, so as to constitute a thoroughfare for the public for all ordinary purposes: Provided, That if at any time a franchise be granted for additional street railway line or street railway lines along, over or across or upon any such bridge or viaduct or through any such tunnel, the cost of the same shall be apportioned in equal parts between the owners of all such street railways using such bridge, viaduct or tunnel, and every franchise granted for the use of such bridge, viaduct or tunnel by any street railway shall so provide: Provided, Further, That every franchise for the use by any street railway of any bridge, viaduct or tunnel shall contain a provision for common user of its tracks thereon on payment of a just proportion of the cost of such tracks in addition to the foregoing. The Council of the City of Saginaw is hereby prohibited from passing, and the Mayor of said City is hereby prohibited from signing any ordinance granting any street railway franchise which shall not contain each and all of these provisions and requirements, and any such franchise not containing each and all of these requirements is hereby declared to be absolutely null and void.

names of

Section 201. All franchises, privileges and permits hereafter Franchises granted shall plainly specify on what particular streets, alleys, to specify avenues or other public property the same shall apply; and no streets. franchise, privilege or permit shall hereafter be granted by the City in general terms or to apply to the City generally.

rates, etc..

Section 202. All powers to regulate rates, fares and charges Power to for service by public utility corporations is hereby reserved to the regulate people, to be exercised by them by ordinance of the Council or reserved to people. in the manner in this charter provided for initiating or referring an ordinance. Any right or regulation shall further include the right to require uniform, convenient and adequate service to the public and reasonable extensions of such service and of such public utility works.

Section 203. No franchise, right or privilege shall be con- Ambiguities sidered as granted by any ordinance except when granted therein construed favorably to in plain and unambiguous terms, and any and every ambiguity city. therein shall be construed in favor of the City and against the claimant under said franchise.

Section 204. The grant of every franchise or privilege shall be Right to regulate subject to the right of the City, whether in terms reserved or not, reserved. to make all regulations which shall be necessary to secure in the most ample manner the safety, welfare and accommodation of the public, including among other things the right to pass and enforce ordinances to require proper and adequate extensions of the service of such grant, and to protect the public from danger or incon

City may require

venience in the operation of any work or business authorized by the grant of the franchise and the right to make and enforce all such regulations as shall be reasonably necessary to secure adequate, sufficient and proper service, extensions and accommodations for the people and insure their comfort and convenience.

Section 205. No exclusive franchise shall ever be granted, and no franchise shall ever be granted for a longer term than thirty years.

Section 206. No franchise hereafter granted by the City shall ever be leased, assigned or otherwise alienated without the express consent of the City, by ordinance, and no dealing with the lessee or assignee on the part of the City to require the performance of any act or payment of any compensation by the lessee or assignee, shall be deemed to operate as such consent.

Section 207. The City, by and through its Council, shall have the power to require any corporation holding a franchise from the joint use of tracks, etc. City, to allow the use of its tracks, poles and wires by any other corporation to which the City shall grant a franchise, upon the payment of a reasonable rental therefor, and any franchise or right which may be hereafter granted to any person or corporation to operate a street railway within the City or its suburbs, shall be subject to the condition that the City shall have the right to grant to any other person or corporation desiring to build or operate a street railway or interurban railway within or into said City, the right to operate its cars over the tracks of said street railway in so far as may be necessary to enter the City and to reach the section thereof used for business purposes: Provided, That the person or corporation desiring to operate its cars over the line of said street railway, shall first agree, in writing, with the owner thereof to pay it reasonable compensation for the use of its tracks and facilities. And if the person or corporation desiring to use the same cannot agree with said owner of said street railway as to said compensation, and as to the terms and conditions of the use of said tracks and facilities, within sixty days from the time of opening negotiations therefor, then the Council shall, by resolution, after a fair hearing, fix the terms and conditions of such use and compensation, which award of the Council, when so made, shall be binding and final and observed by the parties concerned.

Council may insert additional restrictions in franchises.

Section 208. The enumeration and specification of particular matters in this charter, which may be included in every franchise or grant, shall never be construed as impairing the right of the Council to insert in such franchise or grant, such other and further matters, conditions, covenants, terms, restrictions, limitations, burdens,

taxes, assessments, rates, fares, rentals, charges, control, forfeiture, or any other provisions whatever, as the Council shall deem proper to protect the interests of the people.

street rail

city at expir

Section 209. In all franchises hereafter granted to any cor- Property of poration, for the construction or operation of any street railway, the way to same shall be granted upon condition that upon the termination of belong to said franchise, either voluntarily, by forfeiture, expiration or other- ation of franchise. wise, or upon the expiration of the company's term of existence, or of its right to do business, whether occurring voluntarily or by forfeiture of its corporate existence, all of the tracks, ties, switches, turn-outs, roadbeds, poles and wires of the said company within the City of Saginaw, shall at once become the absolute property of the City, and the said company shall have no right whatsoever to the removal thereof, and this provision shall be incorporated in the franchise by appropriate words and language and shall be construed to be a part of each and every franchise hereafter granted to a street railway company, whether so contained in such franchise or

nct.

ARTICLE XVIII.

The Initiative.

to electors.

Section 210. Any proposed ordinance may be submitted to the Submission Council by petition signed by qualified electors of the City, equal in of ordinance number to the percentage hereinafter required. The procedure in respect to such petition shall be the same as provided in Sections 219 and 220 of this Charter, with such modifications as the nature of the case requires, except that no blank forms shall be furnished or preliminary affidavits made.

Section 211. If the petition accompanying the proposed ordi- Number of of signers to nance be signed by qualified electors equal in number to twenty- petition. five per centum of the last preceding vote cast for all candidates for Mayor, and contains a request that said proposed ordinance be submitted to a vote of the people, if not passed by the Council, the Council shall, within twenty days after the attachment of the Clerk's certificate of sufficiency to the accompanying petition, either

to pass

(a) Pass the ordinance without alteration (subject to the refer- Council endary vote under the provisions of Sections 216 and 217 of this ordinance, Charter), or

when.

(b) Call a special election, unless a general municipal election Council to is fixed within ninety days thereafter, and at such special or gen- election. call special eral municipal election said proposed ordinance shall be submitted without alteration to the vote of the qualified electors of the City.

Publication

of proposed ordinance.

Form of ballot.

Several ordinances submitted at same election.

Repeal

or amendment of ordinance.

Section 212. Whenever any proposed ordinance is required by this charter to be submitted to the voters of the City at any election, the Council shall cause said proposed ordinance to be published in full in the official newspaper for five consecutive days, the first publication to be at least ten days before election.

Section 213. The ballots to be used when voting upon such proposed ordinance shall contain the substance of such ordinance clearly indicated by a suitable designation in distinct and easily legible type with the words "Yes" and "No" printed below in separate lines. The elector shall designate his vote by a cross-mark (X) placed opposite the word "Yes" or the word "No" under such ordinance in a suitable place provided therefor. If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, the same shall thereupon become an ordinance of the City.

Section 214. Any number of proposed ordinances may be voted on at the same election, in accordance with the provisions of this article.

Section 215. The Council may submit a proposition for the repeal or amendment of any ordinance so adopted by electoral vote, to be voted upon at any succeeding general municipal election, and should such proposition so submitted receive a majority of the votes cast thereon at such election, such ordinance shall be repealed or amended accordingly. An ordinance so adopted by electoral vote, cannot be repealed or amended except by electoral vote.

ARTICLE XIX.

The Referendum.

Submission Section 216. If at any time after the publication of an ordinto electors. ance and prior to its taking effect, a petition signed by qualified

of ordinance

Petition.

electors of the City, equal in number to at least twenty-five per centum of the last preceding vote cast for all candidates for Mayor, be filed with the City Clerk, protesting against the going into effect of the ordinance mentioned in such petition, the same shall thereupon be suspended from going into effect, and it shall be the duty of the Council to reconsider such ordinance, and if the same be not entirely repealed, the Council shall submit the ordinance, as is provided in Article XVIII. of this charter, to a vote of the qualified electors of the City, either at the next general municipal election or at a special election to be called for that purpose, and such ordinance shall not go into effect unless a majority of the qualified electors voting on the same shall vote in favor thereof.

The procedure in respect to such petition shall be the same as Procedure. provided in Sections 219 and 220 of this Charter, with such modifications as the nature of the case requires, except that no blank forms shall be furnished or preliminary affidavits made.

refer

Section 217. The Council may, of its own motion, submit to Council may electoral vote for adoption or rejection at a general or special ordinances municipal election any proposed ordinance or measure in the same to electors. manner and with the same force and effect as is provided in Article XVIII. If the provisions of two or more proposed ordinances or measures adopted or approved at the same election conflict, then the ordinance or measure receiving the highest affimative vote shall control.

Section 218.

ARTICLE XX.

Recall of Elective Officers.

The holder of any elective office, except Justice of Recall. the Peace of the City, or City Recorder, may be removed by the qualified electors of the City. The procedure to effect such removal from office shall be as follows:

Section 219. A petition signed by electors qualified to vote for Number of signers to a successor to the incumbent sought to be removed equal in number petition. to at least twenty-five per centum of the last preceding vote cast for all candidates for Mayor, demanding an election of a successor of said incumbent, shall be addressed to the Council and filed with the Clerk.

The Council shall provide blank forms for such petitions, which Form of forms shall be kept by and secured from the Clerk. The Clerk, petition. upon issuing such forms to any person shall enter the name of the person to whom issued, the date of such issuance and the number of forms issued, in a record to be kept in his office for that purpose, and shall certify on each of said forms under the seal of the city, the name of the person to whom issued and the date of the issuance. No petition shall be filed unless it shall bear such certificate of the Clerk.

Clerk within Return of petition. The petition

All petitions shall be returned and filed with the thirty days from the date of issuance of such forms. shall contain a specific statement of the grounds upon which such removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. The person procuring the signatures to each such paper shall make oath before an officer competent to administer oaths, that he is informed and believes that the statements contained therein are true, and that each signature appended to the paper is the genuine signature of