Certain cities incorporated by general

law, etc.

when election

CHAPTER XXXIII-MISCELLANEOUS.

(411) § 3358. SECTION 1. All cities heretofore incorporated under any general or special law of this state, and having a population of ten thousand or less, according to the last preceding census, are hereby re-incorporated under and made subject to the provisions of this act, as cities of the fourth class, such re-incorporation to take effect on the first day of January, in the year of our Lord one thousand eight hundred ninety-six, and all acts by virtue of which such cities. have been incorporated are hereby repealed from and after the said first day of January, in the year of our Lord one thousand eight hundred ninety-six, except as hereinafter in Proviso as to this section provided: Provided however, That whenever may be called. fifty or more of the qualified voters of any city hereinbefore described as a city of the fourth class, which has been incorporated under a special act of the legislature, shall file with the council thereof, on or before the first day of November, in the year of our Lord one thousand eight hundred ninetyfive, a petition praying that an election of the qualified voters of such city be called to determine the question as to whether such city shall remain incorporated under the special act under which it was incorporated and by which it is governed at the time of the filing of such petition, or whether it shall become subject to the provisions of this act, thereupon it shall be the duty of such council, within ten days after the filing of such petition, to call a special election of the qualified voters of such city to determine such question. If a majority of all the votes cast at such election are in favor of remaining incorporated under such special act by which such city is governed at the time of the filing of such petition, then such city shall not be re-incorporated under the provisions of this act, but shall remain incorporated under such special act, which shall remain in full force and effect as if this law had not been enacted: Provided further, That any city of this state, when the population thereof is ten thousand or less, according to the last preceding state census even though the voters of said city have theretofore elected to remain incorporated under the special act governing such city, may at any time thereafter be incorporated under and made subject to the provisions of this act and the act of which this act is amendatory, as a city of the fourth class as follows: When one hundred or more freeholders residing within such city shall file with the council thereof, on or before the first day of July in any year, a petition praying that an election of the qualified voters of such city be called to determine the question as to whether such city shall become incorporated as a city of the fourth class under this act being act number two hundred fifteen of the public acts of this state for the year A. D. eighteen hundred ninety-five, then it shall be the duty of the council within ten days after

Further viso.

pro

when held.

election.

the filing of such petition to call a special election of the qualified voters of such city to determine such question. Any Election, election held under the provisions of this chapter shall be held upon such day, and at such time and in such places in said city as may be designated by a resolution of the council: Provided, That the same shall be held on or before the first Proviso. day of December in the year in which the petition as above provided is filed. Notice of such election shall be given in Notice of the same manner and for the same length of time as is provided in the charter of such city for the calling of special elections, and the votes shall be counted and canvassed, and the returns shall be made, and the result declared and determined in the same manner as is provided in such charter for the counting, canvassing and returning of votes, and the determining of the result thereof at special elections. No New registranew registration shall be necessary for the holding of such necessary. election, and only those whose names shall appear in the registration books used at the next previous annual city election shall be entitled to vote at such election. The ballots used at such election shall contain the instructions required by the general election laws of the state, and the proposition to be submitted shall be in the following language:

tion not

ballot.

For becoming re-incorporated under the general law- Form of Yes: [ ]

For becoming re-incorporated under the general law— No. []

to become re

If a majority of the votes cast at such election shall be in Vote required favor of re-incorporating under the provisions of this act, incorporated. then such city shall become re-incorporated under and made subject to the provisions of this act on the first day of January in the year following such special election. At the next Duty of the regular meeting the council shall, by a resolution to be council. entered in the record of their proceedings, recite that at said election, stating the date thereof, the question as to whether said city should be re-incorporated as a city of the fourth class under the provisions of this act was submitted to a vote of the electors of the city, and that a majority of those voting upon the question, voted for re-incorporation, and shall in the resolution declare that, in accordance with said vote, the said city shall be and is re-incorporated as a city of the fourth class; the clerk of the city shall record the same Clerk to make in the record of the proceedings of the council and shall make copy of record a copy of so much of the record of the proceedings of the ings. meeting at which the same was adopted as may be necessary to show the time and place of holding such meeting, and the names of the members of the council who were present, and the passage of said resolution, including a true copy thereof. To said copy the clerk and the mayor of the city shall annex Clerk and their certificate, under the corporate seal of the city showing nex the same to be a true copy of said record, which said certi- cate. fied copy of the record and resolution aforesaid shall be desig

of proceed

mayor to nex certifi

an

When filed.

Evidence of reincorporation.

Incorporation under this act

not to affect

rights under former

nated as a "declaration of re-incorporation" and shall be transmitted to, and filed and recorded in the office of the secretary of state, and the declaration of re-incorporation filed in the office of the secretary of state, or the records thereof, or certified copies of such records shall be prima facie evidence of the due and legal re-incorporation of such city as a city of the fourth class under the provisions of this act.

Am. 1899, Act 136.

(412) § 3359.

SEC. 2. All cities re-incorporated under and made subject to the provisions of this act as provided in the preceding section shall succeed to and be vested with all incorporation. the property, real and personal, moneys, rights, credits and effects, and all the records, files, books and papers belonging to such cities as formerly incorporated and no rights or liabilities either in favor of or against such former corporation, existing at the time of its re-incorporation under or subject to the provisions of this act, and no suit or prosecution of any kind shall be in any manner affected by such change, but the same shall stand or progress as if no such change had been made, and all debts and liabilities of the former corporation shall be deemed to be the debts and liabilities of the new corporation, and all taxes levied and uncollected at the time of such change shall be collected the same as if such change had not been made: Provided, That when a different remedy is given in this act which can be made applicable to any rights existing at the time of the incorporation of the city under or subject to this act, the same shall be deemed cumulative to the remedies before provided, and may be used accordingly.

Remedies to be deemed cumulative.

Term of office

or officers not

tion under

this act.

(413) § 3360. SEC. 3. All the officers in any such city, to be affected elected or appointed under the provisions of the former act of by incorpora- incorporation of such city, and in office at the time of such re-incorporation under this act, shall continue to exercise their respective functions under the provisions of this act of re-incorporation for the full term for which they were so elected or appointed, and until their successors shall have qualified and entered upon the duties of their office, unless herein otherwise provided.

By-laws and ordinances to remain in force.

Special assessment to remain in force.

(414) § 3361. SEC. 4. The by-laws and ordinances of any such city and the rules and regulations of the council, and of the board of health or other board or boards of such city heretofore in force and not inconsistent with this act shall remain in force after the passage of this act and are *hereby declared to be re-enacted by virtue of and under the powers conferred by this act until altered, amended or repealed by the council or such board as the case may be.

(415) § 3362. SEC. 5. In cases where a special assessment has been made by authority of and confirmed by the council of any such city, and the same or some part thereof shall not have been collected when this act shall take effect such city, as hereby re-incorporated, shall have authority to

enforce the payment thereof, and the same proceedings may be had therefor as are provided in this act.

remain in

(416) § 3363. SEC. 6. All licenses granted by any such Licenses to city under its former act of incorporation shall be and re- force. main in full force and virtue until the expiration of the time for which they were granted.

election

under this act.

(417) § 3364. SEC. 7. The first election of officers for First any such city re-incorporated under the provisions of this act of officers in shall be held on the first Monday in April, in the year of our corporated Lord, one thousand eight hundred and ninety-six, and notice thereof and of the officers to be elected thereat shall be given and the election held and conducted, the votes canvassed, the result determined and notice given to persons elected in the same manner and within the same time as herein provided. (418) § 3365. SEC. 8. All process against any city incor- Service of porated under or made subject to the provisions of this act against city. shall run against the city in the corporate name thereof, and may be served by leaving a certified copy with the mayor, city clerk or city attorney, at such time and manner as may be provided by law.

PROCESS: The filing and serving of a declaration as commencement of suit, is in the nature of process to bring the defendant into court; and suits may be commenced by declaration against municipal corporations.-Menominee v. Judge, 81/377.

process

lands.

filed with city

(419) § 3366. SEC. 9. No lands or premises shall here- Platting after be laid out, divided and platted into lots, streets and alleys, within any such city, except by permission and approval of the council by resolution passed for that purpose; nor until the proprietor shall file with the city clerk a correct Survey to be survey, plan and map of such grounds and the subdivisions clerk. thereof, platted and subdivided as approved by the council, and made to their satisfaction; showing also the relative position and location of such lots, streets, and alleys with respect to the adjacent lots and streets of the city; nor shall To be certified by city clerk any such plat and dedication of the streets and public before grounds thereon be recorded in the office of the register of of deeds. with register deeds of the county in which such city is located until a certificate has been endorsed thereon by the city clerk, under the seal of the city, showing that such plat and dedication. has been approved by the council; nor shall the city by rea- Approval by son of such approval, be responsible for the improvement, create recare, and repairs of such streets and alleys excepting such as sponsibility. the council shall accept and confirm by ordinance or resolution as in this act provided.

Berrien Springs Village v. Ferguson, 154/472.

filing

city not to

defined.

(420) § 3367. SEC. 10. The term "city," whenever used Term "city" in this act, shall be construed to mean a city incorporated under this act, or made subject to its provisions.

own stock of

(421) § 3368. SEC. 11. No such city shall become the City not to owner or holder of stock or shares in any incorporated com- incorporated pany.

company.

publication of notices.

Affidavit as to (422) § 3369. SEC. 12. SEC. 12. When, by the provisions of this act, notice of any matter or proceeding is required to be published or posted, an affidavit of the publication or posting of the same, made by the printer of the newspaper in which the same was inserted, or by some person in his employ knowing the facts, if such notice was required to be made by publication, or by the person posting the same, when required to be by posting, shall be prima facie evidence of the facts therein contained: Provided, The same shall be filed with the city clerk within six months from the date of the last publication thereof, or of posting the same.

To be filed with city clerk.

Payment of judgments against city.

issued.

(423) § 3370. SEC. 13. Whenever any judgment or decree of any court shall be rendered or decreed against any city, and such city shall be unable to meet the payment of such judgment or decree by reason of the limitation of its power of taxation, then and in such case it shall be lawful Bonds may be for the council of such city to issue the bonds of such city to an amount not exceeding the sum of such judgment or decree, and the taxed costs arising in the procuring of such judgment or decree, together with the interest thereon, which bonds may be made payable at such time and place and at such rate of interest, not exceeding six per cent per annum, as shall be prescribed by the council, and such bonds shall be sold and disposed of at not less than par value, in such manner as may be deemed advisable by said council.

Rate of interest.

Incorporation of third class cities.

(424) § 3371. SEC. 14. Whenever any city of the fourth class shall have a population of more than ten thousand according to the last preceding federal or state census, then such city shall be re-incorporated as a city of the third class at the time and in the manner provided by law for the incorporation of cities of the third class.

Sec. 15 repeals "all acts or parts of acts in any manner conflicting with the provisions of this act.'