courts of this state, and in cases of appeals, the same fees and compensation as are provided by law for similar services in circuit courts. Added Id. prima facie ownership. (293) SEC. 27. It shall be prima facie evidence as to who What to be are owners of, and persons interested in, any property pro- evidence of posed to be taken in the proceedings instituted under this act, if the register or deputy register of deeds of the county shall testify in open court that he has examined the records and titles of his office, and states who such records show are the owners of, and persons interested in such property, and the nature and extent of such ownership and interest; and an abstract of the title of such property, or of any parcel or parcels thereof, certified by the register or deputy register of deeds shall also be prima facie evidence as to ownership, and persons having an interest in any such property, and the extent and nature of such interest. Added Id. of buildings. (294) SEC. 28. In case there is on the private property Disposition taken a building or other structure, the same shall be sold by or under direction of the council; the amount produced by this sale shall belong and be paid to the fund for paying the compensation awarded for the property taken, and the Moneys received, how council shall cause such amount to be credited and applied paid. in reduction pro rata of the assessment and apportionment made to pay for the property taken. Added Id. prevent nego (295) SEC. 29. Nothing in this chapter contained shall Act not to prevent any city from obtaining private property for any of tiation and the public uses herein specified by negotiation and purchase. purchase. Added Id. CHAPTER XXVI-WATER-WORKS. maintain (296) § 3247. SECTION 1. Any city incorporated or re- City may incorporated under the provisions of this act shall have au- water-works. thority to purchase or construct new and to maintain and extend existing water-works for the introduction of water into such city, and supplying the same and the inhabitants thereof with pure and wholesome water for the ordinary and extraordinary uses of the inhabitants thereof, the extinguishment of fires and for such other purposes as the council may prescribe. See notes to section 2890, C. L. 1897. reservoirs, (297) § 3248. SEC. 2. Such city may acquire, purchase, May erect erect and maintain such reservoirs, canals, aqueducts, sluices, canals, pumps, buildings, engines, water wheels, pumps, hydraulic machines, etc. Purchase grounds. May borrow money for distributing pipes and other apparatus, appurtenances and machinery, and may acquire, purchase, appropriate and own such grounds, real estate, rights and privileges as may be necessary and proper for the securing, construction and maintenance of such water-works. (298) § 3249. SEC. 3. It shall be lawful for any such water-works. city, subject to the provisions of this act, to borrow any sum of money not exceeding five per cent of the assessed value of the property in said city, as shown by the last preceding tax roll, to be used exclusively for the purpose of purchasing, constructing or extending water-works, as provided in the two preceding sections. The council shall have the power to fix the time and place of the payment of the principal and interest of the debt contracted under the provisions of this chapter, and to issue bonds of the city therefor, but the rate of such interest shall not exceed six per cent per annum, and such bonds shall not be sold for less than their par value: Proviso as to Provided, That the total amount expended for constructing, purchasing, or extending such water-works shall not exceed the estimate of expense provided for in section four of this chapter. limit of ex pense. Estimate of cost to be Incurring indebtedness.--Vossen v. St. Clair City, 148 / 687. $3250. (299) § 3250. SEC. 4. Before any money shall be bormade before rowed, appropriated, raised or expended for the purchase, borrowing. construction or extension of water-works in any city, the council shall direct the board of public works to cause to be made an estimate of the expense thereof, and the question of raising the amount required for such purpose shall be submitted to the electors of the city at its next annual election or at a special election called for that purpose by the council as provided in this act, and shall be determined as two-thirds of the electors voting at such election by ballot shall decide: Proviso as to Provided, however, That after water-works have been purrepairs. chased or constructed by such city the council may then raise and expend, in making repairs or alterations, or in extending such works, such sum as they may see fit, without submitting the question to the electors of the city, but the sum to be raised for such purpose shall be included in and shall not increase the total amount which, by the provisions of section five, chapter thirty of this act, the council is authorized to raise. Connecting pipes to be (300) § 3251. SEC. 5. The connecting or supplying pipes made at own- leading from buildings or yards to the distributing pipes, er's expense. shall be inserted and kept in repair at the expense of the owner or occupant of the building or yard, and shall not be inserted or connected with the main pipe until a permit therefor shall be obtained from the board of public works. All such connecting or supplying pipes shall be constructed and connected in the manner prescribed by such board. board of pub (301) § 3252. SEC. 6. The board of public works shall Water rates, annually, on or before the first Monday in June, establish a lic works to scale of rates to be charged and paid for supply of water for establish. the year next ensuing, to be called water rates, which rates shall be approved by the council and shall be appropriate to different classes of buildings in the city, with reference to their dimensions, value, exposure to fires, ordinary or extraordinary uses for dwellings, stores, shops, hotels, factories, livery stables, barns and all other buildings, establishments and trades, yards, number of families or occupants or consumption of water, as near as may be practicable, and from time to time, either modify, amend, increase or diminish such rates. See note to section 2895, C. L. 1897. provide for works and (302) § 3253. SEC. 7. The council may enact such ordi- Council may nances and adopt such resolutions as may be necessary for care, control the care, protection, preservation and control of the water- etc., of waterworks and all the fixtures, appurtenances, apparatus, build- fixtures. ings and machinery connected therewith or belonging thereto, and to carry into effect the provisions of this chapter and the powers herein conferred in respect to the construction, management and control of such water-works. (303) § 3254. SEC. 8. When the council shall deem it May purchase and maintain for the public interest, such water-works may be purchased, beyond corpoor may be constructed and maintained beyond the corporate rate limits. limits of the city; and in such case the council shall have authority to enforce beyond the corporate limits of the city, within the county or counties in which such city is situated, and over the buildings, machinery and other property belonging to and connected with such water-works, in the same manner and to the same extent as if they, or it, were within the city, all such ordinances and police regulations as may be necessary for the care, protection, preservation, management and control thereof. (304) § 3255. SEC. 9. For the purpose of operating, con- Right of city structing, maintaining or extending such water-works, the to lay pipes. city shall have the right to lay conduits, pipes, aqueducts or other necessary works over or under any water-course, or under and along any street, alley, lane, turnpike, road, railroad or highway within such city, but not in such manner as to obstruct the same or impede or prevent travel thereon; and the city authorities may at all times enter upon and dig Not to obup such street, alley, road or highway to lay pipes thereon, or struct use of to construct works beneath the surface thereof, but they shall streets to be cause the surface of such street, alley, road or highway to be repaired. relaid and restored to its usual state, and any damage done thereto to be repaired, and such right shall be continuous for the purpose of repairing and relaying water pipes upon like conditions. streets. How private property for water-works acquired. City may contract with supplying water. (305) § 3256. SEC. 10. If it shall be necessary, in the judgment of the council, to appropriate private property either within or without the city for the construction and maintenance or for the due operation of water-works, the right to occupy and hold the same, and the ownership therein and thereto may be acquired by the city in the manner and with like effect as provided in this act for the taking of private property for public use. (306) § 3257. SEC. 11. The council may contract from company for year to year, or for a period of time not exceeding ten years, with any person or persons, or with any duly authorized corporation, for the supplying of such city and the inhabitants thereof with water upon such terms and conditions as may be agreed, and may grant to such person, persons or corporation, the right to the use of the streets, alleys, wharves and public grounds of such city as shall be necessary to enable such person, persons or corporation to construct and operate proper works for the supply of water for the use of such city and the inhabitants thereof upon such terms and conditions as shall be specified in such contracts. 277. Lumber Co. v. East Jordan, 100 / 201; Monroe Water Co. v. Heath, 115 / City may own CHAPTER XXVII-LIGHTING. (307) § 3258. SECTION 1. It shall be lawful for any city lighting plant. incorporated or re-incorporated under the provisions of this act to acquire by purchase or to construct, operate and maintain, either independently or in connection with the waterworks of such city, either within or without the city, works for the purpose of supplying such city and the inhabitants thereof, or either, with gas, electric or other lights at such times and on such terms and conditions as hereinafter provided. Council to de lution as to necessity of lighting plant. Vossen v. St. Clair City, 148/687. (308) § 3259. SEC. 2. Whenever the council of any city clare by reso- shall, by resolution, declare that it is expedient for such city to acquire by purchase, or to construct, as the case may be, works for the purpose of supplying such city and the inhabitants thereof, or either, with gas, electric or other lights, then such council shall have power to take such action as shall be deemed expedient to accomplish such purpose. Board of pub make estimate of expense. (309) § 3260. SEC. 3. In case the council shall declare lic works to that it is expedient for such city to acquire by purchase or to construct, as the case may be, works for the purpose of supplying such city and the inhabitants thereof, or either, with electric or other lights, then the council shall direct the board of public works to cause to be made and recorded in their proceedings an estimate of the expense thereof, and the question to be voted on borrowed. of raising the amount required for such purpose shall be sub- Raising money mitted to the electors of the city at its annual election, or by electors. at a special election called for that purpose by the council, as provided in this act, and shall be determined as two-thirds of the electors voting at such election by ballot shall decide. (310) § 3261. SEC. 4. It shall be lawful for any such Money may be city to borrow any sum of money not exceeding five per cent of the assessed value of the property in said city as shown by the last preceding tax roll, to be used exclusively for the purpose of purchasing or constructing and maintaining such lighting works as provided in the preceding sections of this chapter. The council shall have power to fix the time and Payment of. place of the payment of the principal and interest of the debt contracted under the provisions of this chapter, and to issue bonds of the city therefor, but the rate of such interest shall not exceed six per cent per annum, and such bonds shall not be sold for less than their par value: Provided, That the Limit of total amount expended for the purchase or construction of such lighting works shall not exceed the amount of the estimate of expense thereof provided for in section three of this chapter. amount. repairs. (311) § 3262. SEC. 5. After lighting works have been Money for purchased or constructed as aforesaid, in such city, the council may then raise and expend in making repairs or alterations, or in extending such works, such sum as it may deem advisable without submitting the question to the electors of the city; but the sum to be so raised in any one year shall be Limit of. included in and shall not increase the total amount which by the provisions of section five of chapter thirty of this act the council is authorized to raise. lighting. (312) § 3263. SEC. 6. The board of public works sub- Rates for ject to the approval of the council shall have the power to fix such just and equitable rates as may be deemed advisable for supplying the inhabitants of said city with lights and shall annually on the first Monday in June fix such rates for the year next ensuing. property for (313) § 3264. SEC. 7. If it shall be necessary in the How private judgment of the council to appropriate private property lighting, work either within or without the city for the construction and acquired. maintenance or for the due operation of lighting works the right to occupy and hold the same, and the ownership therein and thereto may be acquired by the city in the manner and with like effect as provided in this act for the taking of private property for public use. tract with light. (314) § 3265. SEC. 8. The council may contract from City may conyear to year, or for a period of time not exceeding ten years company for with any person or persons, or with any duly authorized cor- supplying poration, for the supplying of such city or the inhabitants thereof, or both, with gas, electric or other lights upon such terms and conditions as may be agreed; and may grant to such person, persons or corporation the right to the use of the streets, alleys, wharves and public grounds of such city |