either of them shall not be made if the money in the subway fund or said sinking fund is adequate. All tolls and charges for the use of the subway shall be made sufficient, if possible, to avoid a direct levy of taxes, except as herein provided, and all officers, departments and users of the subway shall give aid and assistance to accomplish this objective. 5. For its annual assessment or tax rolls, while any bonds issued therefor are outstanding and unpaid, to show in a separate column any increase hereafter in the assessment placed upon any property because of said subway, also the assessment placed on any property built, constructed and acquiring its assessable value because of said subway. 6. For the levying, casting and collecting of all taxes on the assessments in said separate column by the same officers and in the same manner and at the same rate or rates as other taxes are levied, cast and collected, and when collected for payment into the subway fund. 7. For an initial appropriation sufficient to make any examination, boring or survey, to properly plan and fix the route or routes herein provided for, said sum to be repaid from said subway fund, if possible. 8. For the construction of said subway in one or more sections by contract made with public officers, departments or with private parties, but no contract shall be let except after opportunity has been given to bid and the award made to the lowest responsible bidder, but whether to an officer or a private individual the contractor must file an adequate bond conditioned on the faithful performance of the contract. 9. For the payment out of the subway fund of the cost of temporarily removing and locating and restoring to its former condition as near as may be any property of the city, any property of any other municipality, and any property if in use and not obsolescent of any public utility, publicly or privately owned, which supplies water, heat, light, power, communication and transportation in accordance with law and which the construction of said subway may require, as aforesaid. 10. For access, for public sidewalks purpose, to the subway by any property which abuts upon any route on the payment by the owner or others interested therein of all the cost of construction. 11. For a passageway under any street or public place from any private property to the subway on the payment by the owners abutting on the passageway of the cost of construction. If more than one owner abuts upon said passageway, the cost shall be apportioned on each property desiring said passageway in accordance with its assessed valuation. Subsequent to its construction, other property abutting on it from time to time may be permitted to enter on and use said passageway on paying a sum equal to what it would have been originally charged and ten per cent in addition thereto and this sum less the ten per cent shall be apportioned to and refunded to the property which paid for said passage way. 12. For the passage of a general ordinance or ordinances which will fix the amount to be paid from time to time to defray the expenses of maintenance by the property enjoying the access and passageway as aforesaid levied and apportioned on each in accordance with its assessed valuation. 13. For the payment out of the subway fund to the owner of any property which abuts upon the route of the subway of the actual expense incurred to underpin and support any structure on said abutting property affected by the subway if the owner or any one interested has co-operated with the city in obtaining the information necessary to determine this expense. 14. For power to make a contract with any other municipality through which said subway may go which will specify the terms and conditions under which said municipality may have the use and enjoyment of the subway. 15. For the passage of an ordinance or ordinances, which will specify the terms and conditions under which all utilities whether publicly or privately owned, which supply water, heat, light, gas, power, communication and transportation, may use said subway, and if for a fixed term said ordinance shall be approved by the electors. The charge for use, in either case, shall never be less than the reasonable worth thereof. For the power to ask for bids and to contract with any utility for any service in said subway. 16. For the passage of a general ordinance to be approved of by the electors which will specify the terms and conditions under which any building standing over the whole or any part of the subway may be used for station purposes. 17. For the passage of a general ordinance which will specify the rent to be paid for advertising space and the sale of magazines, newspapers, tobacco, candy, chewing gum and like concessions in said subway. Whenever the electors of any city shall amend their charter to accomplish the purposes of this subdivision and in the manner herein specified, the fiscal officers of said city shall have the right to demand from every tax collecting officer and agency and it shall be their duty to demand and to place in the subway fund, as herein provided, all taxes or assessments on any property in the city which are cast, levied and collected because of the assessment placed in a separate column, as has been herein provided, said taxes to be cast at rates current for other property; and the property as represented by the assessment in said separate column shall constitute a special assessment district to contribute toward the cost of constructing said subway and, while so included and contributing, it shall be exempt from every other tax and assessment except as herein provided, any general or special law to the contrary notwithstanding, and any such Elevated railway. Restrictions. Proviso. Further proviso. Proviso. Proviso. tax or assessment which for any reason is declared void may be reassessed against the property. The city may provide for the exercise of any power consistent with the purpose of this grant and franchise and not hereby conferred. The trial of all actions brought in any court which might hinder or delay the completion of the subway or any part thereof shall have precedence over other litigation. (z) For the ownership, construction, maintenance and operation of an elevated railway; for enjoying, so far as applicable, the powers and privileges given by the preceding section in relation thereto; for the issuance of bonds therefor within the limitation fixed in said subdivision; and in every respect employing its powers to amend its charter, to accomplish this purpose. SEC. 5. No city shall have power: (a) To increase the rate of taxation now fixed by law, unless the authority to do so shall be given by a majority of the electors of said city voting at the election at which said proposition shall be submitted, but the increase in any case shall not be such as to cause such rate to exceed two per centum of the assessed value of the real and personal property in such city; (b) To submit to the electors a charter oftener than once in every two years, nor unless it shall be filed with the city clerk ninety days before the election: Provided, however, That this provision shall not apply to the submission and resubmission of charters of cities which may be incorporated under this act until they shall have first adopted a charter: Provided further, That where a city shall have submitted to the electors a charter, and said charter has been adopted by the electors, and said city has operated under said charter, and which said charter had not, at the time said charter was adopted been on file with the city clerk ninety days, as provided herein, then in such case the legislative body of such city, operating under said charter, may, upon its giving such notice of election provided in said charter resubmit to the electors, at any special or general election, such charter and which if adopted by the electors shall be deemed operative and effective as of the date of the first submission and adoption: Provided, That such charter shall not be resubmitted unless ninety days shall have elapsed between the date of the filing of said charter and the date of the election at which said charter shall be resubmitted; (c) To call more than two special elections within one Provided, however, That this prohibition shall not apply to elections which may be held in the submission and resubmission of charters of cities which may be incorporated under this act until they shall have first adopted a charter, and shall not apply to election which may be held in the resubmission of a charter once adopted as provided in subdivision (b) of this section; (d) To change the salary or emoluments of any public official after his election or appointment or during his term of office; nor shall the term of any public official be shortened or extended beyond the period for which he was elected or appointed, unless he resign or be removed for cause where such office is held for a fixed term; (e) To adopt a charter or any amendment thereto, unless approved by a majority of the electors voting thereon; to sell any property of a value in excess of two dollars per capita according to the last preceding United States census, or any park, cemetery or any part thereof, or any property bordering on a water front, or vacate any street or public place leading to a water front, or engage in any business enterprise requiring an investment of money in excess of ten cents per capita or authorize any issue of bonds except special assessment bonds, refunding bonds, and emergency bonds as defined by this act and bonds that it is annually authorized to issue, unless approved by three-fifths of the electors voting thereon at any general or special election: Provided, That on the Proviso. sale of any capital asset of a municipally owned utility the money received shall be used in procuring a similar capital asset, or placed in the sinking fund to retire the bonds issued for said utility. (f) To make any contract with, or give any official position to one who is in default to the city; (g) To issue any bonds without providing a sinking fund to pay them at maturity, except as provided in section four, subdivision (y) hereof, but no sinking fund shall be required in the case of serial bonds which fall due annually; (h) To repudiate any debt by any change in its charter or by consolidation with any other municipality; (i) To submit a franchise to the electors at a special election, unless the expense of holding the election, as determined by the legislative body, shall be paid in advance by the grantee in said franchise to the city treasurer. SEC. 2. This act is hereby declared to be immediately necessary for the preservation of the public peace, health and safety. This act is ordered to take immediate effect. Section amended. Closed [No. 120.] AN ACT to amend section seven of act number one hundred fifty-nine of the public acts of nineteen hundred nineteen, entitled "An act to preserve and perpetuate the commercial fisheries of the state; to regulate the taking of fish in the waters of Lakes Superior, Michigan, Huron and Erie and the bays thereof; to define the connecting waters between said lakes within the jurisdiction of this state; to regulate the transportation, sale and possession of fish taken from said waters; to prescribe penalties for violations of this act and to repeal act number one hundred eighty-eight of the public acts of eighteen hundred seventy-five, act number three hundred ninety-nine of the local acts of eighteen hundred ninety-five, and act number three hundred fortytwo of the public acts of nineteen hundred seventeen," as amended by act number two hundred twenty-five of the public acts of nineteen hundred twenty-one. The People of the State of Michigan enact: SECTION 1. Section seven of act number one hundred fiftynine of the public acts of nineteen hundred nineteen, entitled "An act to preserve and perpetuate the commercial fisheries of the state; to regulate the taking of fish in the waters of Lakes Superior, Michigan, Huron and Erie and the bays thereof; to define the connecting waters between said lakes within the jurisdiction of this state; to regulate the transportation, sale and possession of fish taken from said waters; to prescribe penalties for violations of this act and to repeal act number one hundred eighty-eight of the public acts of eighteen hundred seventy-five, act number three hundred ninty-nine of the local acts of eighteen hundred ninety-five, and act number three hundred forty-two of the public acts of nineteen hundred seventeen," as amended by act number two hundred twenty-five of the public acts of nineteen hundred twenty-one, is amended to read as follows: SEC. 7. It shall be unlawful to take from any of the waters named in this act any trout from the tenth day of October to the fourth day of November, inclusive, in each year. It shall be unlawful to take from any of the waters named in this act any whitefish from the twentieth day of November until the fifteenth day of December, inclusive, in each year. It is declared to be a violation of this act to set nets for the taking of trout and whitefish before the first day of the open season for taking said fish. Approved May 2, 1923. |