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last general election therein; and upon being furnished with
a map of all the townships to be affected by the division,
the action of said board thereunto annexed, shall be filed in
with the laws of the next Legislature, after the filing thereof, County, when in the same manner as other laws are published. Whenever indebted to
it shall appear that any county is indebted to the State of
Sec. 2. This act is immediately necessary for the preser-
This act is ordered to take immediate effect.
AN ACT to amend section fifteen of act number one hundred
fifty-six of the Public Acts of eighteen hundred fifty-one,
The People of the State of Jichigan onart:
proved April eight, eighteen hundred fifty-one, same being section two thousand four hundred eighty-eight of the Compiled Laws of eighteen hundred ninety-seven, providing for the manner in which, and the time when notice of intended application for the organization, vacation, division or alteration of townships by boards of supervisors shall be given, is hereby amended to read as follows:
SEC. 15. Notice in writing of such intended application, Notice of subscribed by not less than twelve freeholders or by not less appligaten: than five electors, as the case may be, of the township or town. Signatures. ships to be affected, shall be posted in five of the most public places in each of the townships to be affected thereby, four weeks next previous to such application, to the board of supervisors; and a copy of such notice shall also be published once in each week for four successive weeks immediately preceding the meeting of the board of supervisors at which such application is to be made, in some newspaper printed in the county, if any shall be published therein.
SEC. 2. This act is immediately necessary for the preser-
[No. 5.] AN ACT to amend the title and sections four, eighteen,
twenty-one, twenty-two, twenty-three, twenty-four, twentyfive, twenty-seven and thirty-five of act number two hundred seventy-nine of the Public Acts of nineteen hundred nine, entitled "An act to provide for the incorporation of cities and for changing their boundaries," as amended by act number two hundred three of the Public Acts of nineteen hundred eleven, and to add a new section thereto.
The People of the State of Michigan cnact: SECTION 1. The title and sections four, eighteen, twenty- Title and twenty-two, twenty-three, twenty-four, twenty-five, sections
amended. twenty-seven and thirty-five of act number two hundred sev. enty-nine of the Public Acts of nineteen hundred nine, entitled "An act to provide for the incorporation of cities and for changing their boundaries," as amended by act number two hundred three of the Public Acts of nineteen hundred eleven, are hereby amended, and a new section is added to said act to stand as section thirty-eight, said amended and added sections to read as follows:
Permissive charter provisions.
An act to provide for the incorporation of cities and for
revising and amending their charters.
For annually laying and collecting taxes in a sum
(b) For borrowing money on the credit of the city in a sum not to exceed eight per centum of the assessed value of all real and personal property in the city: Provided, That in cities where the amount of money which may be borrowed is now limited by law, such limit shall continue until it shall 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: Provided, That such mortgage bonds issued beyond the general limits of bonded indebtedness prescribed by law shall not 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 for the creation of a sinking fund by setting aside such percentage 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 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 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 fourthclass 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;
For the punishment of those who violate its law or ordinances, but no punishment shall exceed a fine of five hun. dred 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;
For the establishment of any department that it may
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
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 busiDess, 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; State and county taxes shall be paid upon such transportation property So purchased and owned by any such city; also local taxes on any portion of such property lying outside of city limits the same as would be paid by private corporations: Provided, That the operation and management of all such franchises and property acquired hereunder shall be conducted under a system of civil service which shall be adopted by the electors voting thereon at the time of such acquisition, and not
For owning, constructing and operating transportation facilities within its limits, and in its adjacent and adjoining suburb within 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 twentyfive thousand inhabitants;
(k) For the purchase and condemnation of private property for any public use or purpose within the scope of its powers; 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 light without its corporate limits to an amount not to exceed twenty-five per cent 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 or operate such transportation facilities shall not extend to any city of less than twenty-five thousand inhabitants, according to the last preceding United States census. The acquirement of any such utility, together with all properties, franchises 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 fortynine of the public acts of Michigan, approved March twentyfive, 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: Prorided, howerer, 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;
(m) For the initiative and referendum all matters within the scope of its powers and for the recall of 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