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Contract approved.

Whereas, the governor of the state of Michigan has obtained from the said Detroit, Grand Haven and Milwaukee Railway Company an agreement to enter into a written contract, which contract has been executed in behalf of said railway company, by its president, attested by its secretary, whereby said company will agree to surrender its said special charter and to incorporate under the general railroad laws of the state of Michigan and to convey to the state of Michigan its railroad right of way between the points aforesaid, in consideration of the state, through the state highway commissioner, acquiring, by purchase or otherwise, a new one hundred foot right of way between the points aforesaid, hereinafter referred to as the new right of way, with the necessary additional lands to provide for proper cuts, fills and drainage and for station grounds and facilities at Birmingham, as designated on blue prints identified by the signatures of the state highway commissioner and said railway company's chief engineer and made a part of said contract, of grading the same for a double track railroad, of constructing thereon a single track railroad with station facilities and appurte nances, and when all of said work has been completed according to the plans and specifications therefor, of conveying said new right of way and additional lands to the said railway company for its railroad purposes, and in further consideration of the state abandoning and relinquishing any right it has, or claims to have, to purchase or otherwise acquire the railroad and/or other property of said company under its said special charter, or otherwise, and

Whereas, under the terms and conditions of said proposed contract, the Detroit, Grand Haven and Milwaukee Railway Company further agrees that, in addition to the sum of twenty-five thousand one hundred seventy-one dollars and forty cents which it is now paying to the state of Michigan under its said special charter as taxes, it will pay to the state the further sum of two hundred thousand dollars a year until the total cost incurred and paid by the state highway commissioner in acquiring said right of way and doing the work and furnishing the materials as therein provided is fully repaid and liquidated, it being expressly understood that no interest charge shall be made or accepted by the state on account thereof; and that said railway company will thereafter be subject to the general railroad and tax laws of the state.

Therefore, said contract with the Detroit, Grand Haven and Milwaukee Railway Company is hereby approved in all respects and the governor and the state highway commissioner are hereby authorized and empowered to execute said contract, as amended, on behalf of the state of Michigan, the same to be attested by the secretary of state, and the state highway commissioner and all other proper state officers are hereby authorized and empowered to do and per

form all things necessary to carry out the terms and conditions thereof.

upon

SEC. 2. Said contract when executed as aforesaid shall be Binding binding upon the parties thereto, their successors and assigns, parties. conditioned, however, upon the faithful performance of the terms and conditions thereof by the parties thereto.

rendered.

SEC. 3. In accordance with said contract, the special char- Charter surter of the said Detroit, Grand Haven and Milwaukee Railway Company is surrendered, and said railway company will incorporate under the general railroad laws of the state, both effective when all the terms and conditions of said contract as therein set forth have been fully performed, including the payment and receipt of the annual payments provided for therein at the times therein specified, such surrender and incorporation to be according to the method prescribed in section eight thousand two hundred thirty-four of the compiled laws of nineteen hundred fifteen, declaration pursuant thereto to be filed by said railway company within four months from the passage of this act, effective as aforesaid.

purchase,

SEC. 4. In accordance with said contract, the state hereby Right to expressly abandons and fully relinquishes any right it has, etc., abanor now claims to have, to purchase or otherwise acquire the doned. railroad and/or other property of said Detroit, Grand Haven and Milwaukee Railway Company, under said special charter or otherwise, subject to the faithful performance of all the terms and conditions of said contract.

ment de

SEC. 5. The improvement contemplated by this act and said Improvepurported contract and the taking of the lands described in clared pubsaid contract for the new right of way, including additional lic necessity. lands therein described and all other lands necessary to carry out this act and said purported contract, are each hereby declared to be a public necessity, and the state highway commissioner is hereby authorized and empowered to acquire the same by purchase or condemnation in accordance with law.

signed.

fund

SEC. 6. The deed of conveyance of the new right of way and Deed, by additional lands to be conveyed to the Detroit, Grand Haven whom and Milwaukee Railway Company for railway purposes shall be signed on behalf of the state by the state highway commissioner. The title to all property to be conveyed to the state by the Detroit, Grand Haven and Milwaukee Railway Company shall be taken in the name of the state of Michigan. SEC. 7. There is hereby created a revolving fund into which Revolving the state administrative board shall pay or cause to be paid, created. such sum or sums of money as shall from time to time in its opinion be necessary to pay for the acquiring of the right of way and additional lands and the performance of the work and furnishing of materials as provided in the contract authorized by this act; and the said state administrative board is further authorized and empowered to loan to said. revolving fund on the security of said contract any such sum or sums of money as aforesaid from the sinking fund created

to retire state highway bonds, said loan or loans to bear interest at four and three-tenths per cent per annum, such interest to be charged against, be a first lien on, and payable out of any moneys in the state highway fund not otherwise specifically appropriated and shall be charged against the cost of widening and improving said Woodward avenue but shall not be deemed a part of the cost of carrying out the said contract with said Detroit, Grand Haven and Milwaukee Railway Company. All payments made by the Detroit, Grand Haven and Milwaukee Railway Company under and pursuant to said contract shall be paid into said revolving fund until all of the expenditures required to be made by the state and the state highway commissioner under the terms and conditions of said contract have been made and the obligations thereby created have been paid and all loans to said revolving funds of moneys from the highway bond sinking fund have been fully repaid.

SEC. 8. This act is declared to be necessary for the preservation of the public peace, health and safety.

This act is ordered to take immediate effect.
Approved March 5, 1926.

May issue bonds.

Purpose.

[No. 2.]

AN ACT to provide for the issuance, sale and payment of bonds; to provide funds for the establishment of a sewage disposal system, including plant and necessary sewers, when ordered by a court of competent jurisdiction in the state, on application of the commissioner of health or any municipality, and to repeal inconsistent acts.

The People of the State of Michigan enact:

SECTION 1. Whenever a court of competent jurisdiction in the state of Michigan, on application of the state commissioner of health or any municipality, shall have ordered the installation of a sewage disposal system in any city or village having a population of more than seventy thousand inhabitants according to the last federal census, and the plans therefor shall have been prepared and shall have been approved by the state commissioner of health, the legislative body of such city or village shall have authority to issue and sell the necessary bonds for the construction and installation thereof, including a disposal plant and the necessary sewers, both storm water and sanitary, that may be required to permit the effective operation of such disposal system; such bonds to draw interest at the rate of not to exceed six per cent per annum, payable semi-annually, and to be payable

in not to exceed thirty years from the date of issue. Unless Sinking
such bonds are payable serially, commencing not less than fund.
three years from the date of issue, the legislative body of
said city or village shall provide a sinking fund which shall
be added to the taxes to be assessed from year to year and
which shall be sufficient to take care of the said bonds as and
when the same respectively come due; said legislative body
to determine the denomination of the said bonds, the date
and the time and manner of payment. The amount of such
bonds, either issued or outstanding, shall not be included in
the amount of bonds which the said city or village may be
authorized to issue. Any municipality issuing bonds here-
under in excess of the limit of the authorized bonded in-
debtedness fixed by its charter or by any other law, may
raise such a sum, annually, by taxation as its legislative body
may deem necessary to pay interest on such bonds and to
create a sinking fund to pay the principal thereof as it falls
due. Such annual amount may be in excess of the authorized
annual tax rate fixed by its charter or other law.

minutes.

SEC. 2. Whenever an order shall have been made by any order recourt of competent jurisdiction on application of the state cited in commissioner of health, as hereinbefore provided, the fact of such order shall be recited in the official minutes of the legis lative body. The said body shall thereupon require that Plans, etc., plans and specifications be prepared of such sewage disposal prepared. system, including the necessary storm water and sanitary sewers, which shall be submitted to the said legislative body who shall submit the same to the state commissioner of health for its approval; if the same shall be approved by the state commissioner of health, then it may be adopted by the legis lative body of such city or village, and such legislative body may thereupon authorize the issuance and sale of the necessary bonds to establish the proposed system.

SEC. 3. The authority hereby given shall be in addition Powers supto and not in derogation of any power existing in any city plemental. or village under any charter which it may now have or may hereafter adopt.

SEC. 4. Act number one hundred eighty-four of the public Act acts of nineteen hundred twenty-five and all acts or parts of repealed. acts inconsistent herewith are hereby repealed. The provi- Provisions sions of act number two hundred seventy-three of the public applicable. acts of nineteen hundred twenty-five shall apply to the issuance of bonds and the sinking funds provided for by this act.

SEC. 5. Proceedings under this act shall be taken only in a Proceedings, court of competent jurisdiction in the county in which the how taken. proposed sewage disposal system is to be constructed.

This act is ordered to take immediate effect.

Approved March 13, 1926.

Sections amended.

Conveyance defined.

[No. 3.]

AN ACT to amend sections twenty-nine, thirty-one, thirtyone-a, thirty-one-b, and thirty-one-c of act number three hundred thirty-eight of the public acts of nineteen hundred seventeen, entitled, as amended, "An act to prohibit the manufacture, sale, keeping for sale, giving away, bartering, furnishing, possessing, importing or transporting of any vinous, malt, brewed, fermented, spirituous or intoxicating liquors, except for medicinal, mechanical, chemical, scientific and sacramental purposes; to regulate the manufacture, sale, possession, importation and transportation thereof for such excepted purposes; to provide for the enforcement of, and to prescribe penalties for violations of this act; to provide for the confiscation and disposal of property seized under the provisions hereof; to prohibit certain advertising and advertisements pertaining to the liquor traffic; to prescribe the duties of officers, and of carriers pertaining to the liquor traffic, to prescribe rights of action, recovery of damages and rules of evidence thereunder; and to repeal all acts in conflict therewith," as last amended by act number three hundred eighty-two of the public acts of nineteen hundred twenty-five.

The People of the State of Michigan enact:

SECTION 1. Sections twenty-nine, thirty-one, thirty-one-a, thirty-one-b and thirty-one-c of act number three hundred thirty-eight of the public acts of nineteen hundred seventeen, entitled, as amended, "An act to prohibit the manufacture, sale, keeping for sale, giving away, bartering, furnishing, possessing, importing or transporting of any vinous, malt, brewed, fermented, spirituous or intoxicating liquors, except for medicinal, mechanical, chemical, scientific and sacramental purposes; to regulate the manufacture, sale, possession, importation and transportation thereof for such excepted purposes; to provide for the enforcement of, and to prescribe penalties for violations of this act; to provide for the confiscation and disposal of property seized under the provisions hereof; to prohibit certain advertising and advertisements pertaining to the liquor traffic; to prescribe the duties of officers, and of carriers pertaining to the liquor traffic, to prescribe rights of action, recovery of damages and rules of evidence thereunder; and to repeal all acts in conflict therewith," as last amended by act number three hundred eighty-two of the public acts of nineteen hundred twentyfive, are hereby amended to read as follows:

SEC. 29. As used in this act the word "conveyance" shall be deemed to include wagons, buggies, automobiles, watercraft, aircraft, or any other vehicle. When intoxicating liquors, vessels, implements, furniture or conveyances are

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