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proved April eight, eighteen hundred fifty-one, same being section two thousand four hundred eighty-eight of the Compiled Laws of eighteen hundred ninety-seven, providing for the manner in which, and the time when notice of intended application for the organization, vacation, division or alteration of townships by boards of supervisors shall be given, is hereby amended to read as follows:

SEC. 15. Notice in writing of such intended application, Notice of subscribed by not less than twelve freeholders or by not less how given, application, than five electors, as the case may be, of the township or town- signatures. ships to be affected, shall be posted in five of the most public places in each of the townships to be affected thereby, four weeks next previous to such application, to the board of supervisors; and a copy of such notice shall also be published once in each week for four successive weeks immediately preceding the meeting of the board of supervisors at which such application is to be made, in some newspaper printed in the county, if any shall be published therein.

SEC. 2. This act is immediately necessary for the preser-
vation of the public peace, health and safety.
This act is ordered to take immediate effect.
Approved February 28, 1913.

[No. 5.]

AN ACT to amend the title and sections four, eighteen, twenty-one, twenty-two, twenty-three, twenty-four, twentyfive, twenty-seven and thirty-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 changing their boundaries," as amended by act number two hundred three of the Public Acts of nineteen hundred eleven, and to add a new section thereto.

The People of the State of Michigan enact:


SECTION 1. The title and sections four, eighteen, twenty- Title and one, twenty-two, twenty-three, twenty-four, twenty-five, amended. twenty-seven and thirty-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 changing their boundaries," as amended by act number two hundred three of the Public Acts of nineteen hundred eleven, are hereby amended, and a new section is added to said act to stand as section thirty-eight, said amended and added sections to read as follows:

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An act to provide for the incorporation of cities and for revising and amending their charters.

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: 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 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 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 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. 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, That the cities now incorporated as fourthclass 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 assessing and reassessing the cost, or any portion thereof, of any public improvement to a special district; (i) For the purchase or condemnation of the franchises, 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; State and county taxes shall be paid upon such transportation property so purchased and owned by any such city; also local taxes on any portion of such property lying outside of city limits the same as would be paid by private corporations: Prorided, That the operation and management of all such franchises and property acquired hereunder shall be conducted under a system of civil service which shall be adopted by the electors voting thereon at the time of such acquisition, and not otherwise; (j) For owning, constructing and operating transportation facilities within its limits, and in its adjacent and adjoining suburb within 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 twentyfive thousand inhabitants;

(k) For the purchase and condemnation of private property 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 cent 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 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. 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 fortynine of the public acts of Michigan, approved March twentyfive, 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 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;

(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 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 non-partisan primaries and elections;

(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.



SEC. 18. Any city desiring to revise its charter shall do Revision of so in the following manner, unless otherwise provided by charter: When its legislative body shall by a three-fifths vote of the members-elect declare for a general revision of the charter, or when an initiatory petition shall be presented therefor as provided in section twenty-five of this act, the Submission question of having a general charter revision shall be sub- of question. mitted to the electors for adoption or rejection at the next general or municipal election, or at a special election. In Charter case the electors shall, by a majority vote, declare in favor of such revision, a charter commission shall be elected within sixty days consisting of one elector from each ward and three electors at large, and four electors at large in cities having an odd number of wards, having a residence of at least three years in the municipality, or the legislative body by a threefifths vote of the members-elect or the initiatory petition may provide that the charter commission be selected at the same election at which the proposition to revise is submitted; the selection shall be void if the proposition to revise is not adopted, no city officer or employe, whether elected or appointed, shall be eligible to a place on said commission. Can- Nomination didates shall be nominated by petition without reference to or designation of party affiliation, signed in the case of the

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by petition.

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