May construct, etc., piers, etc.

May issue bonds, etc.

Sinking fund authorized.

Proviso, referendum.

Lands, etc.,

for the county in which such property is located for the purposes of this act.

SEC. 14. Each port commission shall have power to lay out, construct, condemn, purchase, acquire, add to, maintain, conduct and operate, any and all systems of seawall jetties, piers, wharves, docks, boat landings, warehouses, storehouses, elevators, grain bins, cold storage plants, terminal icing plants, bunkers, oil tanks, ferries, canals, locks, bridges, seaways, tramways, cable-ways, conveyors, together with modern appliances for the economical handling, storing and transporting of freight and handling of passenger traffic and other harbor improvements, rail and water transfer and terminal facilities within such port district, and in connection with the operation or the improvements of the port district to perform all customary services including the receiving, delivering, handling, weighing, measuring, and reconditioning of all commodities received.

SEC. 15. Whenever in order to carry out the purposes of this act it becomes necessary to acquire property which cannot be wholly paid for out of any funds which may be available to the commission under the provisions of section twentyfour of this act, the commission is authorized and empowered to issue notes, bonds or other evidences of indebtedness which shall be a lien upon the property to be acquired for such purposes, which lien may be secured by a mortgage, trust deed, or other form of indenture, and is also authorized and empowered to in the name of the port district, guarantee the payment in whole or in part of any and all such notes, bonds or other evidences of indebtedness according to the terms thereof, or of any mortgage, trust deed or other security issued in connection therewith.

SEC. 16. The commission is also authorized and empowered to provide a sinking fund for the payment or redemption of said indebtedness so to be created, payable from any tolls, rates, charges or other income arising in any manner from the property or the use thereof so to be purchased or acquired: Provided, however, That the procuring of such property and the issue of any of the securities in part payment thereof as hereinbefore provided, shall first be submitted to and authorized by a three-fifths vote of the electors of said port district.

SEC. 17. Each port commission shall have power to own may control. and control lands, leases, and all easements in land necessary for the purposes of the port district.

Streams,

SEC. 18. Each port commission shall have power to immay improve. prove navigable and non-navigable streams of the United States and the state of Michigan within the port district.

Waterways.

SEC. 19. Each port commission shall have power to create and improve for harbor purposes any waterways within the port district; to regulate and control all such waters and all natural or artificial waterways within the limits of such port

district so far and to the full extent that this state can grant the same and remove obstructions therefrom.

SEC. 20. Each port commission shall have power to collect Port dues, and receive such reasonable port dues, fees, imposts or other etc.. may charges as the commission may from time to time fix.

collect.

may fix.

SEC. 21. Each port commission shall have power to fix the Wharfage, rates of wharfage, dockage, warehousing and port and termi- etc., rates, nal charges upon all improvements owned or operated directly by the port district itself and ferry charges on ferries operated by itself: Provided, however, That the port commission shall Proviso. file with the public utilities commission of the state of Michigan its schedule of rates and charges so fixed as is required by the laws of the state of Michigan of public service corporations, and may not change any rate or charge so filed without first filing a notice with the public utilities commission not less than thirty days prior to the going into effect of such change of rate or charge, and to fix, subject to state regulation, rates of wharfage, docking, warehousing, and all necessary port and terminal charges upon all docks, wharves, warehouses, quays or piers owned by said port district but operated under lease from it.

etc., may

SEC. 22. Each port commission shall have power to lease Wharves, under such covenants and conditions as the commission may ease. prescribe, all storage facilities, wharves, piers, bulkheads, docks, sheds, warehouses, industrial locations and other property owned and controlled by said port district upon such terms as the port commission may deem proper: Provided, Proviso, That no lease shall be executed for longer than a period of ten years and every such lease shall be secured by a bond with surety satisfactory to or approved by the port commission.

term of.

SEC. 23. Each port commission shall have power to sell When may and convey any property in anywise acquired and owned by sell property. the port district whenever the port commission of such district shall have by resolution declared such property to be no longer needed for the purpose of the port district, but no property which is a part of the comprehensive scheme or modification thereof, adopted by the vote of the people, shall be sold or disposed of without the consent of three-fifths of the voters voting upon the question of such proposed sale or disposition at a general or special election.

SEC. 24. Each port commission shall have power to raise May levy revenue by levy of an annual tax on all taxable property with- tax. in such port district, not exceeding five hundred thousand dollars in any one year: Provided, however, That a levy not Proviso. exceeding one-half of one mill on each dollar of the assessed valuation of the taxable property in such port district may be made by said port commission upon the same being first authorized by three-fifths of the electors of said port district voting thereon, fixing the amount of said tax and the purpose or purposes for which the tax is appropriated: Provided Further further, That such levy shall be made and taxes collected in

proviso.

May issue bonds, limit.

General bonds.

Assistants,

etc.

Bidders,

when to contract with.

May lease

the manner now or hereafter provided by law for the levy and collection of taxes in cities of the fourth class.

SEC. 25. Each port commission shall have power to borrow money and issue bonds to an amount not greater in any one year than one-fifth of one per cent of the total assessed valuation of said port district, nor to a total amount including all outstanding bonded indebtedness of said port district exceeding two per cent of the assessed valuation of said district and at a rate of interest not to exceed six per cent after a resolution to that effect is passed by the majority of the board of commissioners and the question shall be submitted to a vote of the electors of the district at a general or special election called for that purpose and three-fifths of the electors voting on such resolution shall vote in favor thereof. General bonds for any such district may be issued for any period not exceeding thirty years. No bond or evidence of indebtedness shall be negotiated at less than par and the accrued interest. SEC. 26. Each port commission shall have power to employ such assistants, clerks, inspectors, engineers, or other employes for carrying out the purposes of the port commission, and fix salaries, compensation and bonds of such assistants, clerks, inspectors, engineers, or other employes, as it may by resolution provide.

SEC. 27. In all cases involving the expenditure of five hun dred dollars, or more, each port commission shall enter into contract with the lowest competent and reliable bidder for all work to be done and for the purchase of all supplies and materials required by the port district.

SEC. 28. The port commission of each port district shall harbor area. have full power and authority to lease the harbor area belonging to the state of Michigan situated within such port district, to the highest bidder upon such terms and conditions as shall conform to the provisions of this act and to the comprehensive scheme of harbor improvement as herein later provided. Every such lease shall provide that the rental thereunder shall be payable to the county treasurer wherein such port district is situated for the use of such port district and to go into a special fund hereinafter provided for: Provided, That where the port district covers two or more counties or portions thereof, such rents shall be paid to the county treasurer designated by the port commission.

Proviso.

Secretary,

etc.

SEC. 29. The port commission shall appoint a secretary may appoint, and shall by resolution adopt rules governing the transaction of its business and shall adopt an official seal. All proceedings of the board of commissioners shall be by resolution recorded in a book or books kept for such purpose which shall be public records, all funds of the port district shall be paid to the county treasurer, of the county in which said port district is situated, or if it consists of all or parts of two counties, then to the county treasurer designated by the commission, and all disbursements shall be made by such officer on warrants drawn by the county auditor upon order of or

vouchers approved by the port commission. The port commission shall have an office in which they shall keep maps, charts, plans, and documents relating to the land and waters and all matters in their charge, and the commission shall at all times have access to any other maps, charts, plans and documents relating to said port district in the office or custody of any public board, commission or officer.

plan of.

SEC. 30. It shall be the duty of the port commission of Harbor any port district before creating any improvements hereun- improvement, der, to adopt a comprehensive scheme of harbor improvement in such port district after a public hearing thereon of which at least ten days' notice shall be published in a daily newspaper of general circulation in such port district and no expenditure for the carrying out of any harbor improvements shall be made by such port commission other than the neces sary salaries including engineers, clerical and office expense of such port district and the cost of engineering, surveying, preparation and collection of data necessary for the making and adoption of a general scheme of harbor improvements in such port district, unless and until such comprehensive scheme of harbor improvement has been so officially adopted by the port commission and ratified by a three-fifths vote of the people of such port district voting thereon in favor thereof at an election which shall be held for such purpose.

SEC. 31. When such general plan shall have been adopted when or approved as aforesaid, every improvement to be made by adopted. said commission and every arrangement entered into for the use, sale or lease of port district property shall be made substantially in accordance therewith, unless and until such general plans shall have been changed by a three-fifths vote of the qualified electors of the port district voting thereon at an election held for such purpose: Provided, That no improvements Proviso. shall be acquired or constructed by the port district unless such improvements shall, when completed, be the property of such port district, the county in which such port district is located, any commercial waterway district created within its boundaries, any city within such port district, the state of Michigan, or the United States of America, and the funds of such port district may be expended in the acquirement or construction of any harbor improvement embraced in such general plan adopted as in this act provided, in conjunction with the county in which such port district is located, any commercial waterway, district created within its boundaries, any city in such port district, the state of Michigan, or the United States of America, or any or all of them.

tion of tax.

SEC. 32. Any port commission is hereby authorized, prior May borrow to the receipt of taxes raised by levy, to borrow money or issue in anticipathe warrants of the district in anticipation of the revenues to be derived by such district from the levy of taxes for the purpose of such district during 'any year, and such warrants shall be redeemed from the first money available from such taxes when collected.

Fund created.

Annual

report to governor.

Act to be supplementary.

Saving clause.

SEC. 33. The county treasurer of the county in which the port district is located, or in the event that the district covers two or parts of two or more counties, then the county treasurer designated by the port commission shall create a fund to be known as the "Port of...... ..Fund," into which shall be paid all money received by him from the collection of taxes in behalf of such port district, and no money shall be disbursed therefrom except upon warrants of the county auditor, upon order of or vouchers approved by the port commission. The county treasurer shall also maintain such other special funds as may be prescribed by the port commission, into which shall be placed such moneys as the port commission may by its resolution direct, and from which disbursements shall be made upon proper warrants of the county auditor or county clerk issued against the same by authority of the port commission.

SEC. 34. The commission shall on or before the eighteenth day of January of each year submit a written report to the governor and the Michigan public utilities commission which report shall contain a statement of the doings of the port commission during the preceding calendar year and such recommendations as to legislation as in the opinion of the commission may be necessary or expedient to enable the commission better to administer the affairs of the port district and to carry out the purposes for which the port district was enacted.

SEC. 35. This act shall not be construed to repeal, amend, or modify any law heretofore enacted, providing a method of harbor improvement, regulation or control in this state, but shall be held to be an additional and concurrent method providing for such purpose and except by agreement between the port commission and the parties at interest, shall not be construed to include within its terms any property now or hereafter devoted to public use, owned, operated or controlled by any person, municipality or private corporation.

SEC. 36. Should any provision or section of this act be held to be invalid for any reason, such holding shall not be construed as affecting the validity of any remaining portion thereof, it being the legislative intent that the act shall stand notwithstanding the invalidity of any such provision or section.

Approved May 7, 1925.