Further proviso, land. When may sell land. person, firm or corporation instituting such suit of ejectment shall be returned upon the order of the auditor general, less the costs of such suit. And it shall be the duty of the state of Michigan to prosecute and defend suits and pay costs as herein provided: Provided further, That in case written apappraisal of plication shall be made to the director of conservation to purchase any description of said lands not so withheld from sale or homestead right by the state it shall then be the duty of the director of conservation to examine and appraise the value of the land so offered to be purchased as aforesaid. The director of conservation shall make a record of said appraisement, in a book to be kept in his office for that purpose. After such examination and appraisement, if there has been no application to homestead said lands, and if the director of conservation with the approval of the conservation commission does not elect to withhold said lands from the homestead right, and sale, as provided herein, it shall be competent and the director of conservation is hereby authorized to sell such description of land to any person so applying for the purchase thereof, but at not less than the appraised valuation, and he shall not be authorized to sell to any one person over two hundred and forty acres of said land. In case of the sale of said lands, the director of conservation shall execute and deliver to the purchaser a deed in such form as he may determine, which shall convey to the purchaser the same interest as is provided for a deed where said lands have been homesteaded as provided in this section. All moneys received by the director of conservation upon the sale of said lands as provided under the last above proviso shall by him be deposited in the state treasury, to the credit of the state, county and township wherein said lands are situated in proportion to the amount of taxes due to the state, county and township upon the land so sold by the director of conservation at the time of the conveyance to the state of such lands: And provided further, That on all lands withdrawn from sale or homestead right as herein provided, there shall be paid by the auditor general, upon a certificate of the director of conservation containing a list of such lands and the location thereof, to the county treasurer of the county in which such lands are located, an amount equal to twentyfive cents an acre upon each acre of land so withdrawn, which sum shall be distributed by the county treasurer as follows: One-fourth of such sum so paid shall be credited to the general fund of the county; one-fourth to the general or contingent fund of the township in which said land is located and one-half to the school district in which said land is located. Said sum or sums so paid by the auditor general, shall be charged by him to the general fund of the state, and when so paid shall constitute a settlement and satisfaction of any and all claims of said county, township and school district for taxes assessed against said lands, and shall discharge and extinguish any and all claims or liens for Disposition of moneys. Further proviso, payment to county treasurer. Where credited. taxes by such county, township and school district. Upon [No. 156.] AN ACT to amend section four 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 revising and amending their charters", being section three thousand three hundred seven of the compiled laws of nineteen hundred fifteen, as last amended by act number two hundred twenty-four of the public acts of nineteen hundred twenty-five. The People of the State of Michigan enact: SECTION 1. Section four of act number two hundred seven- Section ty-nine of the public acts of nineteen hundred nine, entitled amended. "An act to provide for the incorporation of cities and for revising and amending their charters", as amended, being section three thousand three hundred seven of the compiled laws of nineteen hundred fifteen, as last amended by act number two hundred twenty-four of the public acts of nineteen hundred twenty-five, is hereby amended by adding a new subdivision to said section to stand as subdivision z-one, and to read as follows: Permissive charter SEC. 4. Each city may in its charter provide: (a) For annually laying and collecting taxes in a sum not provisions. to exceed two per centum of the assessed value of all real and personal property in the city; money; purpose. (b) For borrowing money on the credit of the city for the Borrow purpose of acquiring, owning, purchasing, constructing or operating a water works system, a sum not to exceed eight per centum of the assessed value of all the real and personal property in the city; for the purpose of acquiring, owning, purchasing, constructing or operating an electric light and power system, a sum not to exceed three per centum of the assessed value of all the real and personal property in the city; for the purpose of acquiring, owning, purchasing, constructing or operating such other public utilities as may be authorized by law, a sum not to exceed two per centum of the assessed value of all the real and personal property in the city: Provided, That a city may borrow money and pledge Proviso. its credit for all public purposes, including the acquiring, Proviso. Proviso. Proviso. Further proviso. owning, purchasing, extending, constructing or operating of public utilities, a sum not exceeding 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 all 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. When a city is authorized to acquire, own, purchase, construct, or operate any public utility, it may, for the purpose of acquiring, owning, purchasing, constructing or operating the same, 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 the 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, That said mortgage bonds shall be sold for not less than par, bear interest at a rate not in excess of six per centum, and the total amount thereof shall not exceed sixty per centum of the original cost of the utility: 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, and cities having a population of fifty thousand or more, owning and operating a water works plant and distributing system which, by its charter, is permitted to refund moneys advanced, or paid on special assessments imposed for water main extensions, may, through its legislative body, borrow on the faith and credit of the city to provide such refunding from time to time as buildings shall be connected with such water main extensions and may issue bonds therefor due in not more than thirty years in an amount and at a rate of interest limited by the charter of such city. No city shall have power to incur indebtedness or issue bonds of any kind except for emergency purposes and to refund moneys advanced or paid on special assessments for water main extensions, as above stated, and bonds secured only by mortgage on the property and franchise of a public utility which shall exceed in the aggregate eight per centum of the assessed value of all the real and personal property in the city: Provided, That the cities now incorporated and not under the Proviso, general provisions of this act, including cities incorporated indebtedas fourth class cities, may, while so incorporated, incur indebt- ness. edness up to the limits contained in the act of incorporation; (c) For laying and collecting rents, tolls and excises; (c-1) For regulating, restricting and limiting the number and locations of oil and gasoline stations; (d) For the regulation of trade, occupations and amusements within its boundaries, not inconsistent with state and federal laws; (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; may incur (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 Proviso. provisions shall not be construed to extend to and include public schools; (g) For the use, regulation, improvement and control of the surface of its streets and of the space above and beneath them; ments. (h) For the cost and expenses of the following improve. Improvements including the necessary lands therefor, viz.: For city hall and other public buildings and offices for the use of the city officials, engine house and structure for the fire department, for water works, sewage disposal systems and plants, lighting purposes, hospitals, quarantine grounds and pest house, market house and space, cemeteries and parks, watch houses, city prisons and workhouses, and public wharves and landings upon navigable waters, levees and embankments, may be paid from the general funds of the city: Provided, however, Proviso. That if the majority of the property owners along a street or a part thereof, owning a major portion of the frontage affected thereon, shall so petition the council in writing, the cost and expenses of installing a boulevard lighting system on such street may be made by said assessment upon the lands abutting thereon, when by the provisions of this act the costs and expenses of any local or public improvement may be defrayed in whole or in part by special assessment upon the lands abutting upon and adjacent to or otherwise benefited by the improvement, such assessment may be made as in this act provided; and for assessing and reassessing the costs, or any portion therefor, of any public improvement to a special district; Franchises, purchase of. Proviso. Transportation facilities. Condemnation of private property. (i) For the purchase or condemnation of the franchises, if any exist, and of the property used in the operation of companies or individuals engaged in the plank road, cemetery, hospital, almshouse, electric light, gas, heat, water and power business, and in cities having not less than twenty-five thou sand inhabitants the purchase of the franchises, 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 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 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 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 property 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; (j) For owning, constructing and operating transportation facilities within its limits, and 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, or local census taken by authority of a resolution of the legislative body of such city, it had a population not less than twenty-five 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, |