on contract that it was presented without said affidavit and rejected for that reason or that the action or proceeding was brought before the common council had a reasonable time to investigate and pass upon it. (As amended November 6, 1923. In effect November 15, 1923.)

Actions Against City to Be Commenced Within One Year:

Sec. 12. No action shall be brought against the city nor any of its boards, commissions or officers for any negligent injury unless it be commenced within one year from the time when the injury was received, nor unless written notice be served upon the corporation counsel, or his chief assistant, within sixty days from the time of the happening of such injury, which notice shall specify the location and nature of the defect claimed, the injury sustained, and the names of the witnesses known at the time by claimant.

Execution of Deeds, Contracts, Leases and Other Instruments:

Sec. 13. All deeds, contracts, leases or instruments herein authorized shall, if made by the common council, be executed by the controller; if by any commissioner at the head of any city department, by said commissioner; and if by any board or commission, by the president thereof. All payrolls, bills and vouchers of every kind of such department shall be certified and signed by the same officers.

No Money to Be Paid Out Except Upon Warrant:

Sec. 14. No moneys shall be paid out of the treasury, except upon a warrant signed by the controller, and approved and authorized by the common council in pursuance of law. Such warrant shall specify the purposes for which the amount thereof is to be paid, with sufficient clearness to indicate the particular fund constituted or raised therefor, shall have endorsed thereon the name of the particular fund out of which it is payable, and shall be paid from the fund constituted for such purpose, and from no other.

Limitation on Common Council:

Sec. 15. The common council shall not incur any expenses nor create nor pay any debt nor liability, nor appropriate nor use the property or moneys of the city, except as herein provided.

176

TITLE VII.

PUBLIC UTILITIES.

CHAPTER I.

Public Utilities.

Control of Public Utilities:

Section 1. The common council shall have the general control of all persons, partnerships, associations or corporations operating within the city any public utility on, above or beneath the surface of the highways, streets, alleys or other public places for wires, poles, pipes, tracks or conduits.

Regulation of Fares and Charges:

Sec. 2. The council may fix and establish, by ordinance, rates of fares and charges which may be exacted and received by such persons, partnerships, associations, or corporations, for any service rendered or commodity sold by them in the course of such public utility business within the city limits. The fixing of rates and charges hereunder shall not confer upon any such person, partnership, association or corporation, any right whatever in the streets, alleys or highways of the city.

Street Railways; Steam Railroads:

Sec. 3. The council shall have authority to determine the kind of power by which the cars or engines of street railways and steam railroads shall be propelled within the city and to determine the grade or grades at which tracks shall be laid on said highways, streets, alleys or other public places or any part thereof.

Grade Separation:

Sec. 4. The council shall also have the power to order the grade or grades of such tracks to be separated from the grade or grades of the highways, streets, alleys or public places upon or across which said tracks have been laid. The person, partnership, association or corporation owning, leasing, or controlling such tracks shall, at his or their own cost and expense, within sixty days after receiving written notice of the order of the council requiring the separation of any grade or grades, proceed to make such separation in the manner ordered and provided for by the council and such person, partnership, association or corporation shall, at his or their own cost and expense, within six months from the time of receiving such notice, complete the separation of such grade or grades and comply with all the terms and requirements of said order in reference thereto: Provided, that the consequential damages suffered by the abutting property on the highway, street, alley or other public place where the grade is changed, shall be borne and paid by the city; and Provided, further, that if the period of six months hereinbefore referred to shall be insufficient for the purpose aforesaid, the council upon application of the person, part

nership, association or corporation hereinbefore referred to and upon good cause shown may extend said period of six months for such time as in the judgment of the council the circumstances of the case may require.

Franchises:

Sec. 5. The common council may, at any general or special election, submit, in accordance with the constitution and laws of the state, to the electors of the city for their approval or disapproval any franchise for any public utility or proposition in connection with the regulation or control thereof.

178

TITLE VIII.

CONDEMNATION PROCEEDINGS.

CHAPTER I.

Taking Private Property for Public Use.

Section 1. The council of the city of Detroit is hereby authorized to take private property for the use and benefit of the public within the limitations of the state constitution, and to institute and prosecute proceedings for that purpose. Provided, that this chapter shall not apply to cases where proceedings have already been instituted under any laws in force prior to the taking effect of this charter; and Provided, further, that nothing herein contained shall be held to abridge the right of said city to take private property for the use and benefit of the public under other acts to which resort may be had for said purpose.

Sec. 2. Such proceedings may be commenced and prosecuted under this chapter whenever the common council shall have declared a public improvement to be necessary in the municipality, and shall declare that it deems it necessary to take private property, describing it for such public improvement designating it, and that the improvement is for the use or benefit of the public. It shall, by resolution, direct the corporation counsel to institute the necessary proceedings in behalf of the municipality in the recorder's court of said city, to carry out the object of the resolution in regard to taking private property for the city. Before the institution of such proceedings, the council shall, if it be intention to assess any part of the damages awarded in such proceedings upon a special or local district, declare by resolution such purpose and fix such district, embracing only such real estate as in its opinion will be specially benefited by the improvement and it shall describe such district with reasonable certainty by well known boundaries, so that all persons owning real estate in such district may readily ascertain the facts.

Sec. 3. The city clerk shall make and deliver to the corporation counsel as soon as may be, a copy of such resolution, certified under seal and it shall be the duty of such attorney to prepare and file in the name of the city, in the court having jurisdiction of the proceedings, a petition signed by him in his official character and duly verified by him; to which petition a certified copy of the resolution of the council shall be annexed, which certified copy shall be prima facie evidence of the action taken by the council and of the passage of said resolution. The petition shall state, among other things, that it is made and filed as commencement of judicial proceedings by the municipality in pursuance of this chapter to acquire the right to take private property for the use or benefit of the public, without consent of the owners, for a public improvement, designating it, for a just compensation to be made. A description of the property to be taken shall be given, and generally the nature and extent of the use thereof which will be required in making and maintaining the improvement shall be stated, and also the

names of the owners and others interested in the property, so far as can be ascertained, including those in possession of the premises. The petition shall also state that the council has declared such improvement to be necessary, and that it deems it necessary to take the private property described in that behalf for such improvement for the use or benefit of the public. The petition shall ask that a jury be summoned and empanelled to ascertain and determine whether it is necessary to make such public improvement, whether it is necessary to take such property as it is proposed to take, for the use or benefit of the public, and to ascertain and determine the just compensation to be made therefor. The petition may state any other pertinent matter or things, and may pray for any other or further relief to which the municipality may be entitled within the objects of this chapter.

Sec. 4. Upon receiving such petition, it shall be the duty of the clerk of said court to issue a summons against the respondents named in such petition, stating briefly the object of said petition, and commanding them in the name of the people of the State of Michigan to appear before said court, at a time and place to be named in said summons, not less than twenty nor more than forty days from the date of the same, and show cause, if any they have, why the prayer of said petition should not be granted. Such clerk shall also cause to be published in at least one newspaper published in the municipality, a conspicuous notice addressed to all owners of real estate within the assessment district (and which owner shall be designated in this chapter as the taxpayers) describing such district, and warning and notifying such owners of said proceedings pending in said court, and stating the return day of such summons, and that such owners or taxpayers are at liberty to appear in said proceedings and defend. And all or any of such owners are hereby authorized to make themselves parties to said proceedings by appearing in person or by attorney at any time before the trial herein provided for, and such as appear shall have all the rights of parties respondents at all stages of the proceedings, including the right to move for a new trial and take appeals; but the rights of those who do not appear shall not be held abridged or impaired by such proceedings any further than would be the case if the right to appear did not exist.

Sec. 5. Said summons shall be served by the sheriff, deputy sheriff, under sheriff of the county, or by any police officer of the city of Detroit, at least five days before the return day thereof, upon all the respondents found within the county of Wayne, by exhibiting the original and delivering a copy to each of them. If any respondent who is a resident of the county cannot be found, the summons shall be served by leaving a copy thereof at his or her usual or last place of abode, with some person of suitable age and discretion. If any minor or person of unsound mind is interested in the premises to be taken, service may be made on the guardian of such person, if any, and if there be no guardian, the court may appoint some discreet and proper person to be guardian of such person in such proceedings; any such guardian shall have authority to represent such person in said proceed