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 centum 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 Proviso. 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, or local census taken by authority of a resolution of the legislative body of such city. 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 forty-nine of the public acts of Michigan, approved March twenty-fifth, 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 Proviso. 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;

(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 all 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 Use, etc.. and water courses within its boundaries, but not so as to of streams. conflict with the law or action thereunder, where a navigable stream is bridged or dammed; or with riparian or littoral rights and without their corporate limits;

(p) For altering, amending or repealing any special act affecting any municipal concerns or existing municipal de

Nomi

of officers.

partment, 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;

For a system of civil service;

(s) For the nomination and election of all municipal nation, etc., officers, nominations may be made by a partisan or non-partisan primary, by petition or by convention, and elections may be by a partisan, non-partisan or preferential ballot or any other legal method of voting in such manner as the charter of any city may now or shall hereafter prescribe;

Issuance of bonds.

Private

property for park, etc., purposes.

Zones, etc.

Proviso.

(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;

(v) For the issuance of bonds of said city for the purpose of providing first cost of installation and connection of conduits for the service of municipally owned and operated electric lighting plants in such cities of this state as have or may have such municipally owned and operated plants;

(w) For the acquisition by gift, purchase, condemnation or otherwise, of private property for park, penal farm or institutional purposes without its corporate limits, and within the county in which such city is located. If by condemnation, the provisions of act number one hundred forty-nine of the public acts of Michigan, approved March twenty-fifth, 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;

(x) For the establishment of districts or zones within which the use of land and structures, the height, the area, the size and location of buildings and required open spaces for light and ventilation of such buildings and the density of population may be regulated by ordinance: Provided, That

such regulations in one or more districts may differ from those in other districts;

transit.

(y) For the acquisition by construction, condemnation or Rapid purchase and for the ownership, equipment, possession, leasing, operation and maintenance of a rapid transit system consisting of a tunnel, subway, surface or elevated system or any combination and qualification of these, in and through said city, and for a distance of not more than ten miles beyond its limits, for the purpose of furnishing transportation facilities to the municipality and to the people thereof; for the preparation and publication of plans for such construction, equipment and maintenance in accordance with charter provisions adopted hereunder; for the operation of such facilities independently or in connection with other transportation facilities, or transportation system, owned, operated or controlled by such city or existing therein, or in the territory in which any such rapid transit system is established; for the appropriate designation of such facilities; for the taking of the fee of or easement or right of way on, under, above and through any property for the purposes thereof, by gift, grant and purchase, and by condemnation proceedings in accordance with any law of the state of Michigan providing therefor; and for the management of such facilities, for the purposes for which the same are or may be acquired or constructed. Provision may also be made for the execution of contracts incidental to the carrying out of the purposes hereby contemplated. In the event that property is taken by condemnation under any statute pertaining thereto, the actual benefits accruing to or received by a remainder of any such parcel on account of the construction of the improvement shall be taken into account in determining the damages to be awarded by way of compensation to the owner or owners of such property. The charter shall also provide for the proper financing of the Financing. acquisition and construction of any such system and facilities, by direct taxation, special assessments on the basis of benefits actually and exclusively received by property affected by any such improvement, or by borrowing money and issuing bonds or other evidence of indebtedness therefor, or by a combination of such methods; and for the defraying of the cost of maintenance, operation and management of such facilities and for payment of interest on and a sinking fund to retire any bonds issued under this subsection, from the revenues received as a result of the operation thereof by the city. Bonds executed and sold for the purpose of raising money to cover the cost of such acquisition and construction may be issued on the faith and credit of the city, or same may be secured by mortgage on the property and revenues of the utility established pursuant hereto. The aggregate amount of bonds issued on the faith and credit of the city under this subsection shall not exceed two per cent of the assessed valuation of the taxable property within said city for the preceding fiscal year; and in computing the total indebtedness of the city

Charter amendments.

Submission of plan.

Proviso.

for the purpose of determining whether any other limitation prescribed by law has been exceeded, such bonds shall not be included. Except as is in this subsection otherwise specifically provided, all bonds issued by a city for the purposes hereby contemplated shall be subject to the restrictions and conditions prescribed in subdivision (b) of this section. In case provision is made in the charter for raising money by direct taxation for the purposes hereof, the amount of such tax levied and assessed in any year shall not exceed one-sixth of one per cent of the assessed valuation of the city for such year; and the amount of any such tax shall not be subject to any other limitations prescribed by law, or considered in determining whether any such limitation has been exceeded. In no case shall more than sixty per cent of the total estimated cost of acquiring or constructing any such rapid transit system or portion or extension thereof, be raised by direct taxation, and by the issuance of bonds on the faith and credit of the city. As incidental to the authority hereby granted, provision may be made in any city charter for the exercise of powers incidental to the accomplishment of the purposes hereof, and reasonably calculated and designed to facilitate the furnishing of adequate transportation facilities by the means aforesaid to the municipality and the people thereof. No charter amendment or amendments, contemplating and providing for the exercise of the powers referred to in this subsection shall be submitted to a vote of the electors unless and until the same shall have been published pursuant to the direction of the legislative body of the city, in at least one newspaper having a general circulation in such city at least once each week for three weeks in succession during the thirty day period immediately preceding the date of the election; and no plan for construction and operation of any rapid transit system shall be put into effect unless the same shall first have been submitted to the qualified electors of the city and approved thereby. Such submission of plan shall be made subsequent to the enactment of said charter amendments either at a general election or a special election called for that purpose by the legislative body of the city. Such contemplated plan shall, before its submission, and as a condition prerequisite thereto, be published once each week for six weeks in succession in some daily newspaper having a general circulation within the city, during the sixty day period immediately preceding the date of submission to the electors; and the contemplated plan as so published shall specify the route or routes of the proposed rapid transit system, the type of construction proposed for the various sections or parts thereof, the method or methods for financing the improvement, the order in which the various sections or parts are to be constructed or acquired, the system of management to be adopted, the estimated cost of the various sections or parts of the system, and such other matters as the legislative body of the city shall require: Provided, however, That the financial plan

so submitted shall not permit special assessments against any property in excess of actual benefits, meaning increased value, accruing exclusively as a result of said improvement; and the payment of such special assessments made under this subsection, shall be prorated over a period of not less than ten years.

(z) For negotiating, executing and performing contracts with any other municipality, or municipalities, duly authorized and empowered to that end, with reference to the construction, equipment, operation, maintenance and management of a rapid transit system and facilities, and for the financing of any obligations, assumed under or imposed by any such contract. The grants, limitations and restrictions set forth in the preceding subsection of this section shall be deemed applicable to, and shall be observed in the adoption of, charter provisions and amendments hereunder and in the exercise of the authority hereby granted.

disposal

(z-1) For the acquiring, establishment, operation, exten- Sewage sion and maintenance of sewage disposal systems, sewers and systems. plants, either within or without the corporate limits of such city, as a utility, including the right to acquire property necessary therefor, by purchase, gift or condemnation, and including the fixing and collecting of charges for service cov ering the cost of such service, the proceeds whereof shall be exclusively used for the purposes of said sewage disposal system, and which may include a return on the fair value of the property devoted to such service, excluding from such valuations such portions of the system as may have been paid for by special assessment, and which charge may be made a lien upon the property served and if not paid when due, to be collected in the same manner as other city taxes. Approved May 12, 1927.

[No. 157.]

AN ACT to amend section twelve of chapter thirteen of the revised statutes of eighteen hundred forty-six, being chapter sixty-nine of the compiled laws of nineteen hundred fifteen, entitled "Organization, powers and duties of counties", being section two thousand two hundred forty-nine of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section twelve of chapter thirteen of the re- Section vised statutes of eighteen hundred forty-six, being chapter amended. sixty-nine of the compiled laws of nineteen hundred fifteen, entitled "Organization, powers and duties of counties", being