to the credit of the State, county and township wherein said [No. 209.] AN ACT to amend section thirty-eight of chapter seven of act number two hundred fifteen of the Public Acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of cities of the fourth class," being compiler's section three thousand sixty of the Compiled Laws of eighteen hundred ninety-seven. The People of the State of Michigan enact: amended. SECTION 1. Section thirty-eight of chapter seven of act Section number two hundred fifteen of the Public Acts of eighteen hundred ninety-five, entitled "An act to provide for the incorporation of cities of the fourth class" being compiler's section three thousand sixty of the Compiled Laws of eighteen hundred ninety-seven, is hereby amended to read as follows: SEC. 38. The mayor shall receive such annual salary as the Salaries council may determine and aldermen may each receive such of officers, salary, not exceeding fifty dollars per year, as may be prescribed by the council. The city marshal, clerk, treasurer, city attorney, and engineer of the fire department shall each receive such annual salary as the council shall determine by ordinance. constables' The compensation of supervisors for assessing and levying Compensation taxes, extending taxes upon their rolls, and for all other of supervisors. services performed by them shall be two dollars per day for the time actually employed. Justices of the peace, con- Justices' and stables and officers serving process and making arrests, may, fo when engaged in causes and proceedings for violations of the ordinances of the city, charge and receive such fees as are allowed to those officers for like services by the general laws of the State. All other officers elected or appointed in the other officers. city, shall, except as herein otherwise provided, receive such compensation as the council shall determine. Approved May 13, 1915. Section amended. What charter may provide. Taxes. Loans. Proviso, raising or lowering limit. Proviso, mortgage bonds beyond limit. [No. 210.] AN ACT to amend section four of act number two hundred seventy-nine of the Public Acts of nineteen hundred nine, as amended by act number five of the Public Acts of nineteen hundred thirteen, which act as so amended is entitled "An act to provide for the incorporation of cities, and for revising and amending their charters." The People of the State of Michigan enact: SECTION 1. Section four of act number two hundred seventy-nine of the Public Acts of nineteen hundred nine, as amended by act number five of the Public Acts of nineteen hundred thirteen, which act as so amended is entitled "An act to provide for the incorporation of cities, and for revising and amending their charters," is hereby amended to read as follows: SEC. 4. Each city may in its charter provide: (a) 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 in a sum not to exceed eight per centum of the assessed value of all real and personal property in 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. No single increase shall exceed two per centum of the assessed value of the real and personal property in the city. When a city is authorized to acquire or operate any public utility, it may for the purpose of acquiring the same borrow money on the credit of the city in a sum not to exceed two per centum of the assessed value of all the real and personal property of the city, and the city may also, for the purpose of acquiring such public utility, issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by law: Prorided, 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 a 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 Further provide for the creation of a sinking fund by setting aside proviso, sinking fund. 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 Emergency calamity the legislative body may borrow for the relief of loan. 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. No city shall have power to incur indebtedness or issue bonds of any kind except for emergency purposes 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, Proviso, That the cities now incorporated as fourth-class cities may debtedness. while so incorporated incur indebtedness up to the limits contained in the act of incorporation; limit of in tolls, etc. For laying and collecting rents, tolls and excises; Rents, (d) For the regulation of trade, occupations and amuse- Regulation ments within its boundaries, and for the regulation and re- of trades, etc. striction of the territory within which saloons where intoxi- Saloons. cating 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 Punishments. 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 work-house in the State authorized by law to receive prisoners from such city; (f) For the establishment of any department that it may Departments. 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; schools. (g) For the use, regulation and control of the surface of Streets. its streets, and of the space above and beneath them; ments. (h) For assessing and reassessing the cost, or any portion Improvethereof, of any public improvement to a special district; of franchises. (i) For the purchase or condemnation of the franchises, Acquirement if any exist, and of property used in the operation of companies or individuals engaged in the plank road, cemetery, hospital, alms house, electric light, gas, heat, water and power business, and in cities having not less than twenty-five thousand inhabitants the purchase of the franchise, 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 Operation of public utilities. Civil service 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, including women taxpayers having the qualifications of male electors voting thereon, 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 for employes. 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 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 propConstruction erty 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; Proviso, separate ballots. of subdivision. Operating transporta (j) For owning, constructing and operating transportation facilities. tion facilities within its limits, and in 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 it had a population of not less than twenty-five thousand inhabitants; Condemna property. (k) For the purchase and condemnation of private proption of private 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, Water, light, 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 cent of that furnished heat, etc. which cities may own. or condemna 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, Proviso, That the right to own or operate such transportation facilities shall not extend to any city of less than twenty-five thou sand inhabitants according to the last preceding United States census. The acquirement of any such utility, together Purchase with all properties, franchises and rights necessary for its tion. 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 prosecuting such condemnation proceedings: Provided, however, That no such public Proviso, 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, and upon such proposition women taxpayers having the qualifications of male electors shall be entitled to vote; referendum. streets, etc. (1) For the use, by others than the owner, of property lo- Use of cated in streets, alleys and public places and used in the property in operation of a public utility, upon the payment of a reasonable compensation to the owners thereof; and referen (m) For the initiative and referendum on all matters Initiative, within the scope of its powers and for the recall of its offi- dum and cials; recall. (n) For a plan of streets and alleys within and for a Plan of distance of not more than three miles beyond its limits; streets, etc. of streams, (0) For the use, control and regulation of streams, waters Regulation and water courses within its boundaries, but not so as to etc. 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 Special acts. 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 Police and other regulations as are not in conflict with the general regulations. laws: (r) For a system of civil service; (s) For non-partisan primaries and elections; Civil service. |