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resolution,

upon whom

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 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 :

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

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

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