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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 covering 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

Offenses, where tried.

section two thousand two hundred forty-nine of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

SEC. 12. The counties now existing, or which may be hereafter organized, bordering upon the shore of Lake Huron shall have jurisdiction of all offenses committed on that part of Lake Huron which lies within the limits of this state; and such offenses shall be heard and tried in either of the two counties nearest the place where the alleged offense was committed.

Approved May 12, 1927.

Section amended.

Nets, lawful meshes of.

[No. 158.]

AN ACT to amend sections six, seven, nine, seventeen and twenty-three of act number one hundred fifty-nine of the public acts of nineteen hundred nineteen, entitled, as amended, "An act to regulate the taking of fish in the waters of Lakes Superior, Michigan, Huron and Erie, and the bays thereof, and the connecting waters between said lakes within the jurisdiction of this state; to regulate the transportation, sale and possession of fish taken from said waters", as amended by act number two hundred twenty-five of the public acts of nineteen hundred twenty-one, and act number one hundred twenty of the public acts of nineteen hundred twenty-three.

The People of the State of Michigan enact:

SECTION 1. Sections six, seven, nine, seventeen and twentythree of act number one hundred fifty-nine of the public acts of nineteeen hundred nineteen, entitled, as amended, "An act to regulate the taking of fish in the waters of Lakes Superior, Michigan, Huron and Erie, and the bays thereof, and the connecting waters between said lakes within the jurisdiction of this state; to regulate the transportation, sale and possession of fish taken from said waters," as amended by act number two hundred twenty-five of the public acts of nineteen hundred twenty-one and act number one hundred twenty of the public acts of nineteen hundred twenty-three, are hereby amended to read as follows:

SEC. 6. It shall be unlawful for any person to use in the waters of Lakes Michigan, Superior, Huron and Erie and the bays thereof, within the jurisdiction of this state, any pound or trap net, gill net, seine or any fixed, set or movable net of any kind or description whatever, the meshes of which are different than prescribed by this section, as follows: Gill nets with meshes of not less than four and one-half inches may

be used for the taking of whitefish, trout and yellow pickerel. Gill nets with meshes of two and three-fourths inches, exten- Gil nets. sion measure, from center of knot to center of knot when fully extended as found in use, may be used for the purpose of taking herring, chubs, perch and pilot fish, commonly called menominees, wherever and whenever they will not take to exceed ten per centum of other fish, such percentage to be determined by the state director of conservation, or any one of his deputies, by inspection of the fish taken in such nets by him or any of his representatives: Provided, That all unin- Proviso. jured fish, except herring, chubs, perch and pilot fish, shall be returned to the waters from which they were taken with as little injury as possible, by person or persons lifting the net or nets; all sound dead fish except herring, chubs, perch and pilot fish fit for food found in said nets shall be and are hereby declared to be the property of the state, and shall not be sold or disposed of or destroyed by any person, firm, copartnership, association or corporation taking the same, but shall be dressed and brought in and delivered to the state director of conservation or his representatives at their or his fishing port, and the said immature, sound dead fish shall be then disposed of by the state director of conservation for use and benefit of the people of the state of Michigan: Provided, Proviso. however, That if said fish are not taken over by said state director of conservation, said fish may be retailed at a price not to exceed five cents a pound, except when a higher price is authorized by said commissioner. The state director of conservation may in his discretion pay fishermen not to exceed five cents per pound for dressing, icing, packing and shipping said fish in accordance with his instructions, to state institutions or to other designated points to be sold by said state director of conservation to the people of the state of Michigan for use only, at actual cost. Said state director of conservation is hereby given authority to remove or cause to be removed any of such nets whenever or wherever, from the inspection herein provided, he shall determine that such nets are taking more whitefish, trout, wall-eyed pike, or suckers than allowed by the provisions of this section. Gill nets with meshes of Blue back not less than two and one-half inches may be used for the herring. purpose of taking blue back herring when set not more than two fathoms below the surface of the water in waters of a depth of not less than ten fathoms wherever they will not interfere with or take whitefish or trout or any other fish protected under the laws of this state: Provided further, That gill Proviso. nets with meshes of not less than two and one-half inches may be used for the purpose of taking blue back herring from November first to December fifteenth in each year. Gill nets with meshes of not less than two and one-quarter inches may be used from January first to April first, for the taking of blue back herring only, when used under the ice and only in waters of such depth that the bottom of the net shall not be less than

Offenses, where tried.

section two thousand two hundred forty-nine of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

SEC. 12. The counties now existing, or which may be hereafter organized, bordering upon the shore of Lake Huron shall have jurisdiction of all offenses committed on that part of Lake Huron which lies within the limits of this state; and such offenses shall be heard and tried in either of the two counties nearest the place where the alleged offense was committed.

Approved May 12, 1927.

Section amended.

Nets, lawful meshes of.

[No. 158.]

AN ACT to amend sections six, seven, nine, seventeen and twenty-three of act number one hundred fifty-nine of the public acts of nineteen hundred nineteen, entitled, as amended, "An act to regulate the taking of fish in the waters of Lakes Superior, Michigan, Huron and Erie, and the bays thereof, and the connecting waters between said lakes within the jurisdiction of this state; to regulate the transportation, sale and possession of fish taken from said waters", as amended by act number two hundred twenty-five of the public acts of nineteen hundred twenty-one, and act number one hundred twenty of the public acts of nineteen hundred twenty-three.

The People of the State of Michigan enact:

SECTION 1. Sections six, seven, nine, seventeen and twentythree of act number one hundred fifty-nine of the public acts of nineteeen hundred nineteen, entitled, as amended, "An act to regulate the taking of fish in the waters of Lakes Superior, Michigan, Huron and Erie, and the bays thereof, and the connecting waters between said lakes within the jurisdiction of this state; to regulate the transportation, sale and possession of fish taken from said waters," as amended by act number two hundred twenty-five of the public acts of nineteen hundred twenty-one and act number one hundred twenty of the public acts of nineteen hundred twenty-three, are hereby amended to read as follows:

SEC. 6. It shall be unlawful for any person to use in the waters of Lakes Michigan, Superior, Huron and Erie and the bays thereof, within the jurisdiction of this state, any pound or trap net, gill net, seine or any fixed, set or movable net of any kind or description whatever, the meshes of which are different than prescribed by this section, as follows: Gill nets with meshes of not less than four and one-half inches may

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