by the improvement, such assessment may be made as in this act provided; and for assessing and re-assessing the costs, or any portion therefor, of any public improvement to said district;

(i) For the purchase or condemnation of the franchises, if any exist, and of the property used in the operation of companies or individuals engaged in the plank road, cemetery, hospital, almshouse, electric light, gas, heat, water and power business, and in cities having not less than twenty-five thousand inhabitants the purchase of the franchises, 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 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 at a regular or special election. In the event of any such purchase of a transportation utility, the charter amendment and the contract to purchase may provide for the creation 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 selection 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 Proviso. vote upon the charter amendment and upon the proposition to purchase shall be upon separate ballots. When a transportation 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 subdivision contained shall be in addition to the powers provided for in the other subdivisions of this section, and the exercise thereof shall not impair or affect the right to exercise any of the powers in the other subdivisions of this section conferred;

(j) For owning, constructing and operating transportation facilities within its limits, and its adjacent and adjoining suburbs within a distance of ten miles from any portion of its city limits, if according to the next preceding United States census, or local census taken by authority of

Proviso.

Proviso.

a resolution of the legislative body of such city, it had a population not less than twenty-five thousand inhabitants;

(k) For the purchase and condemnation of private prop erty 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 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 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, or local census taken by authority of a resolution of the legislative body of such city. 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 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;

(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 on all matters 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;

(s) For the nomination and election of all municipal officers, nominations may be made by a partisan or nonpartisan 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 administration of the municipal government, whether such powers be expressly enumerated or not; for any act to advance the interests of the city, the good government and prosperity of the municipality and its inhabitants and through its regularly constituted authority to pass all laws and ordinances relating to its municipal concerns subject to the constitution and general laws of this state;

(u) For the issuance of bonds of said city for the purpose of providing first cost of installation and connection of sewers and water works on and to property in said cities used solely for dwelling house purposes, when such installation and connection shall be ordered by the proper health authorities; and to provide a lien on such property for, and manner of payment of, moneys so used;

(v) For the issuance of bonds of said city for the purpose of providing first cost of installation and connection of conduits for the service of municipally owned and operated electric lighting plants in such cities of this state as have or may have such municipally owned and operated plants;

(w) For the acquisition by gift, purchase, condemnation or otherwise, of private property for park, penal farm or institutional purposes without its corporate limits, and within the county in which such city is located. 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;

Proviso.

Subway.

(x) For the establishment of districts or zones within which the use of land and structures, the height, the area, the size and location of buildings and required open spaces for light and ventilation of such buildings and the density of population may be regulated by ordinance: Provided. That such regulations in one or more districts may differ from those in other districts;

(y) For the ownership, construction, maintenance and operation of a subway in and through said city and in and through any city, village or township for a distance of ten. miles beyond its limits; for the ownership, construction, maintenance and operation of any structure on, above or beneath the surface appurtenant to said subway and of any that may be used and enjoyed in connection therewith.

For the transportation therein of persons and property by electrical or other power and for the installation therein of public or public service property, publicly or privately owned.

For the construction of said subway, its depots, power houses, car houses, machine shops or other necessary appurtenances on, under or above the surface of any street or public place within or without said city and within a distance of ten miles beyond its limits and for taking, if required elsewhere, for said subway, and as aforesaid, the fee of, or easement on, under or above, any private property or property now devoted to a public purpose under act one hundred forty-nine of the public acts of nineteen hundred eleven, or such other appropriate provisions therefor as shall be made by law, and, on the award being made, possession of said property and thereupon it shall stand obligated to pay the award as finally confirmed within the time prescribed by the act under which the proceedings were instituted.

For the use by it of any public property within its limits for any subway purpose.

For the temporary suspension of any service given by any public utility without compensation or liability for damages.

For the issuance of bonds by said city in a sum not to exceed four per centum of the assessed value of the real and personal property in said city for the construction of said subway; for the payment of the other obligations herein. provided for, for acquiring, if necessary, its right of way or other appurtenances and for the payment of the interest on any bonds issued and outstanding during the period of construction. Said bonds shall be issued on the faith and credit of the city and in computing its indebtedness shall not be included in any limitation otherwise provided by law and when authorized by the electors of the city shall be issued and sold from time to time like other city bonds. Said bonds may be issued for or over any period of years and may be refunded.

For entering upon any public or private property for the purpose of examination or survey and for ascertaining, if

possible, from the owner or occupant the nature of the subsoil or depth and character of the foundation under any structure on said property.

For changing the grade of any street for the purposes Changing hereof and without liability for damages to the abutting street grade. property owner. For engaging the necessary engineers and legal advice to economically and efficiently accomplish the purpose hereof. For the appointment of an officer or commission to manage and control the construction, operation and maintenance of said subway. He, or it, shall be appointed for a definite period of time and shall not be removed except for cause.

For constructing and maintaining between the lines of Public intersecting streets, on petition from seventy-five per centum sidewalk. of the frontage affected, at the expense of the abutting private property, a public sidewalk giving access between the subway and said property, for imposing said expense on said property in a manner to be provided and for constructing and maintaining, at public expense, sidewalks across the intersecting streets to connect with said sidewalk.

This grant and the franchise herein given is conditional on any city accepting it providing in its charter as follows: 1. For the preparation of a plan showing the route or routes of said subway to be approved by the electors of the city.

2. For the creation of a sinking fund to pay for any bonds issued therefor. Said fund shall be managed by a commission consisting of the mayor, controller, treasurer, and committee on ways and means of the legislative body. It shall, from time to time, pay the bonded debt of the subway. Whenever it cannot arrange to pay the debt or any part thereof, it may invest its funds in subway bonds or other securities issued on the faith and credit of the state of Michigan or any agency thereof whose principal and interest are to be paid solely by taxation.

3. For the creation of a fund to be known as the subway fund into which shall be paid all taxes or assessments herein provided for, all rents and revenues herein provided for, and every form of income received from the operation and maintenance of said subway, also all money received from the sale of any subway bonds, and all sums received from the sale of any property obtained for said subway. Said fund shall be used: (1st) for the operation and maintenance of said subway; (2nd) to meet the requirements of the sinking fund; (3rd) to meet the interest on any bonds issued for this purpose and the surplus, if any, shall be used for construction expenses as herein provided. After the retirement of said bonds, the surplus shall be used in the reduction of taxation.

4. For an appropriation to be raised by taxation to pay any bonds issued therefor at maturity if it is considered advisable not to or it is found impossible to refund; or to pay the interest on said bonds, but said appropriation or