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Borrowing money.

Proviso.

Proviso.

Proviso.

Proviso.

Further

proviso, sinking fund.

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 of 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 of 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 of the city: Provided, That a city may 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 of 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: Provided, That the amount of money which may be borrowed for any such public utility purposes on the credit of a city having a population of one hundred thousand or more, as appears by the last United States census, shall be in a sum not to exceed two per centum of the assessed value of all the real and personal property of the city. 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 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 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 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 pay

ment 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 popula tion 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 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 in- Proviso, corporated and not under the general provisions of this act, cities, etc., 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 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;

fourth class

tax limit.

(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 Proviso. 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 improve- Certain imments including the necessary lands therefor, viz.: For city

provements.

Proviso.

May purchase, etc.,

franchises.

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, quar antine 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 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 franchise, public utility 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 twentyfive 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 Sinking fund. 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

Pro- Proviso.

same election upon a proposition to make a particular con-
tract within the scope of said proposed amendment:
vided, That the vote upon the charter amendment and upon
the proposition to purchase shall be upon separate ballots.
When a transportation utility so acquired, state and county
taxes shall be paid 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 sub-
divisions of this section conferred;

powers not

(j) For owning, constructing and operating transporta- Certain tion facilities within its limits, and its adjacent and adjoin- affected. ing 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 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 Proviso. 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 prosecut

Proviso.

ing 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

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