Proviso, interest on bonds. ing or raising by loan on the faith and credit of the county of such sums of money as in the judgment of said board may be needed, subject to the constitutional and statutory limitations upon county indebtedness, and said board of supervisors may, in said resolution, authorize and direct the issue and sale of bonds of said county to secure the repayment of the sums borrowed or raised by loan. For any permanent improvement that may lawfully be made by the county authorities on the faith and credit of the county, the bonds of said county may be issued and sold to raise the money to pay for said improvement, or said bonds may be issued and negotiated to secure the payment of indebtedness incurred in making said permanent improvements: Provided, That such bonds shall draw interest at the rate of not to exceed six per cent per annum, payable semi-annually, and be payable in not to exceed thirty years from the date of issue. Unless such bonds are payable serially, commencing not less than five years from the date of issue, the board of supervisors shall provide a sinking fund which shall be added to the taxes to be assessed from year to year, and which shall be sufficient to take care of the said bonds as How may be and when the same respectively come due. Such said sinking fund shall remain intact and shall be used for no purpose other than the payment of the said bonds, as and when the same respectively become due; excepting that said fund may, by resolution of the board of supervisors, be invested in municipal securities of this state, or of the United States, and the income from such securities shall be added to and become a part of said sinking fund: Provided, That this act shall not be construed to enlarge or extend the term of any bonds the term of which is now limited by statute. Bonds issued under the provisions of this act shall not be sold for less than par value. Sinking fund. invested. Proviso. Subject to referendum, When submitted. Special election. Notice of election, posting, etc. SEC. 2. The resolution of the board of supervisors shall contain a proviso that it shall not become effective or binding upon the county until it shall be approved by a majority of the electors voting at an election to be designated. The board of supervisors may submit the question of the issue and sale of said bonds at any regular election held under the general laws of the state of Michigan at which the electors of the entire county vote, or it may designate a special election to be called by the county clerk by direction of said board of supervisors for the purpose of submitting to the electors the question of issuing said bonds. The board of supervisors may call a special election for the purposes of this act upon a date coincident with any local or municipal election or primary election for any portion of the county. SEC. 3. The county clerk shall, at least thirty days before any election at which the electors are to vote on any county bond issue, serve a copy of said resolution on the sheriff of the county and the sheriff shall, at least twenty days before said election, cause to be posted in three of the most resolution, public and conspicuous places in each election precinct or district in the county notices of said election containing the full text of the resolution aforesaid. The county clerk shall also cause to be published in at least one newspaper having a general circulation in the county, one published in the county, if such there be, a like notice for three successive weeks immediately prior to said election. The county clerk Copy of shall also cause to be served on the clerk of each city, village upon whom and township a copy of said resolution, at least thirty days served. before the time fixed for the holding of said election. All municipal and township authorities shall take such action relating to said election as shall be necessary to provide for the holding thereof but no election called under the provisions of this act shall be construed as a special municipal election within the limitations of act number two hundred seventy-eight or act number two hundred seventy-nine of the public acts of nineteen hundred nine and amendments thereto. The notice required to be posted by the sheriff and published by the county clerk shall be deemed sufficient notice of said election. All elections herein provided for Election, shall be conducted, all votes shall be received and counted, and all returns shall be made in accordance with the general election laws of the state of Michigan, unless herein otherwise provided. conduct of. resolution SEC. 4. When the returns from the election herein pro- When vided for shall show that a majority of the electors of the effective. county voting thereon have approved the resolution of the board of supervisors aforesaid, the county clerk shall make a certificate to this effect and shall record the same with the official record of the proceedings of the board of supervisors and thereupon said resolution shall become and be effective and binding upon the county, its officers, agents, servants and electors, and the authority delegated to and the duties imposed upon officers, agents and servants shall attach to and become and be binding upon such officers, agents and servants of the county and all who deal with them as representatives of the county; and all things provided for in said resolution may be done for, on behalf of, and on account of said county. cumulative. SEC. 5. This act and the powers and authority hereby Act granted shall be deemed cumulative and confirmatory of any power heretofore granted to counties to borrow money for county purposes and issue bonds of the county to secure repayment of moneys borrowed, and where provision has been heretofore made for borrowing money and issuing bonds by counties, either such provisions or the provisions of this act may be followed at the election of county authorities. ceedings, etc., SEC. 6. Nothing in this act shall invalidate any bonds Certain proheretofore authorized or any proceedings heretofore taken to validated. authorize the issuance of bonds by any county of the state, but all proceedings and elections heretofore since January one, nineteen hundred twenty, taken and held to authorize the issuance of bonds of any county, and all bonds heretofore issued under authority of a vote of a majority of the electors in said county, voting upon the question at an election held for that purpose are hereby validated, approved and confirmed. Approved May 2, 1923. Sections amended. Permissive provisions. [No. 119.] AN ACT to amend sections four and 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 revising and amending their charters," being sections three thousand three hundred seven and three thousand three hundred eight of the compiled laws of nineteen hundred fifteen, as amended by act number five of the public acts of the second extra session of nineteen hundred twenty-one, and to add two new subdivisions to section four thereof to be known as subdivisions (y) and (z). The People of the State of Michigan enact: SECTION 1. Sections four and 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 revising and amending their charters," being sections three thousand three hundred seven and three thousand three hundred eight of the compiled laws of nineteen hundred fifteen, as amended by act number five of the public acts of the second extra session of nineteen hundred twenty-one are hereby amended and two new subdivisions are added to section four thereof to be known as subdivisions (y) and (z), 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; (b) For borrowing money on the credit of the city for the purpose of acquiring, owning, purchasing, constructing or operating a water works system, a sum not to exceed eight per centum of the assessed value of all the real and personal property in the city; for the purpose of acquiring, owning, purchasing, constructing or operating an electric light and power system, a sum not to exceed three per centum of the assessed value of all the real and personal property in the city; for the purpose of acquiring, owning, purchasing, constructing or operating such other public utilities as may be authorized by law, a sum not to exceed two per centum of the assessed value of all the real and personal property in the city: Provided, That a city may Proviso. borrow money and pledge its credit for all public purposes, including the acquiring, owning, purchasing, extending, constructing or operating of public utilities, a sum not exceeding ten per centum of the assessed value of all real and personal property in the city: Provided, That in cities where the Proviso. 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 all 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. When a city is authorized to acquire, own, purchase, construct or operate any public utility, it may, for the purpose of acquiring, owning, purchasing, constructing or operating the same, issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by law: Provided, That such mort- Proviso. gage 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 the 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 Further 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, and cities having a population of fifty thousand or more, owning and operating a water works plant and distributing system which, by its charter, is permitted to refund moneys advanced, or paid on special assessments imposed for water main extensions, may, through its legislative body, borrow on the faith and credit of the city to provide such refunding from time to time as buildings shall be connected with such water main extensions and may issue bonds therefor due in not more than thirty years in an amount and at a rate of interest limited by the charter of proviso. Proviso. Proviso. Proviso. such city. No city shall have power to incur indebtedness or issue bonds of any kind except for emergency purposes and to refund moneys advanced or paid on special assessments for water main extensions, 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 and not under the general provisions of this act, including cities. 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 the costs and expenses of the following improvements including the necessary lands therefor, viz: For city hall and other public buildings and offices for the use of the city officials, engine house and structure for the fire department, for water works, lighting purposes, hospitals, quarantine grounds and pest house, market house and space, cemeteries and parks, watch houses, city prisons and work houses, and public wharves and landings upon navigable waters, levees and embankments, may be paid from the general funds of the city: Provided, however, That if the majority of the property owners along a street or a part thereof, owning a major portion of the frontage affected thereon, shall so petition the council in writing, the costs and expenses of installing a boulevard lighting system on such street may be made by said assessment upon the lands abutting thereon, when by the provisions of this act the costs and expenses of any local or public improvement may be defrayed in whole or in part by special assessment upon the lands abutting upon and adjacent to or otherwise benefited |