Further proviso, sinking fund. Emergency loans. closure: 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. No city shall have power to incur indebtedness or issue bonds of any kind except for emergency purposes as above stated, and bonds secured only by mortgage on the property and franchise of a public utility which shall exceed in the aggregate ten 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 general provisions of this visions of act. act, including cities incorporated as fourth-class cities may while so incorporated incur indebtedness up to the limits contained in the act of incorporation; Proviso, cities not under pro Rents, etc. Punishments. Departments. Streets. Improvements. Acquirement of franchises. (c) For laying and collecting rents, tolls and excises; (d) For the regulation of trade, occupations and amusements within its boundaries, and for the regulation and restriction of the territory within which saloons where intoxicating liquors are sold at retail, may be located, but no charter shall permit the sale of such liquor in any county where such sale is prohibited by operation of the general local option law of the State; (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; (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 provisions shall not be construed to extend to and include public schools; (g) For the use, regulation and control of the surface of its streets, and of the space above and beneath them; (h) For assessing and reassessing the cost, or any portion thereof, of any public improvement to a special district; (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, alms house, electric light, gas, heat, water and power business, and in cities having not less than twentyfive thousand inhabitants the purchase of the franchise. if any, and the property of street railway and tram rail public utili way 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 pub- Operation of lic utility property for supplying water, heat, light, power, ties. 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 threefifths of the electors, including women taxpayers having the qualifications of male electors voting thereon, at a regular or special election. In the event of any such purchase of Sinking fund. 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 Submission 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, Proviso. 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 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 Powers in addition to the powers provided for in the other subdi- additional. visions 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; of contract. tion facilities. (j) For owning, constructing and operating transporta 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 it had a population of not less than twenty-five thousand inhabitants; tion of private (k) For the purchase and condemnation of private prop- Condemnaerty for any public use or purpose within the scope of its pow- property. ers; also for the acquirement, ownership, establishment, construction and operation, either within or without its corporate limits, of public utilities for supplying water, light, heat, Water, light, power and transportation to the municipality and the inhab heat, etc. itants thereof, for domestic, commercial and municipal purposes; and for the sale and delivery of water, heat, power and Proviso, cities less than 25,000. If by condemnation. 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 own or operate such transportation facilities shall not extend to any city of less than twenty-five thousand inhabitants How acquired. according to the last preceding United States census. 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 fortynine of the Public Acts of Michigan, approved March twentyfive, 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 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, and upon such proposition women taxpayers having the qualifications of male electors shall be entitled to vote; Proviso, referendum. Use of property in streets, etc. Initiative, referendum and recall. Plan of streets, etc. Use of streams, etc. Special acts. Police, etc., regulations. (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 and water courses within its boundaries, but not so as to conflict with the law or action thereunder where a navigable stream is bridged or dammed; or with riparian or littoral rights without their corporate limits; (p) For altering, amending or repealing any special act affecting any municipal concerns or existing municipal department, 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; (r) For a system of civil service; Civil service. etc., of (s) For the nomination and election of all municipal offi- Nominating, cers. Nominations may be made by a partisan or non-parti- officers. san primary, by petition or by convention, and elections may be by a partisan, non-partisan or preferential ballot in such manner as the charter of any city may now or shall hereafter prescribe; (t) For the exercise of all municipal powers in the man- Municipal agement and control of municipal property and in the admin- powers. istration 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 Sewer and of providing first cost of installation and connection of sewers water bonds. 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. to charter. ballot. SEC. 21. Any existing city charter, whether passed pursu Amendments ant to the provisions of this act or heretofore granted or passed by the State Legislature for the government of a city may, from time to time be amended in the manner following: An amendment may be proposed by the legislative body of the How proposed. city on a three-fifths vote of the members-elect or by an initiatory petition as herein provided, and shall be submitted to the electors of such city as herein provided at the next primary, regular or special election held in such city, which shall occur not less than twenty days after the proposal of such amendment by the legislative body or following the filing of such petitions. The form in which any proposed amend- Form of ment to a city charter shall be submitted on the ballot, unless provided for in the initiatory petition shall be determined by resolution by the legislative body: Provided, That any city Proviso, charter heretofore granted by the State Legislature, not pur charters. special suant to the provisions of this act, including charters of cities of the fourth-class, amended as herein provided, by adopting or coming under any part of this act by amendment, and not by general revision, adoption or incorporation under this act, may again be amended hereunder, as to such part or parts so amended, by re-enacting hereunder that part or parts of the original act of incorporation which existed before any amendment was made hereunder, and such part or parts of the original act of incorporation so re-enacted shall not be considered or construed as operating or coming under the provisions of this act in any manner, it being the intention to permit a city operating under such a charter to adopt, by amendment, any part of the provisions of this act permissible and thereafter Section amended. Average annual earnings. Average weekly wages. Ascertain [No. 41.] AN ACT to amend section eleven of part two of act number ten of the Public Acts of Michigan of the first extra session of nineteen hundred twelve, entitled "An act to promote the welfare of the people of this State, relating to the liability of employers for injuries or death sustained by their employes, providing compensation for the accidental injury to or death of employes and methods for the payment of the same, establishing an Industrial Accident Board, defining its powers, providing for a review of its awards, making an appropriation to carry out the provisions of this act, and restricting the right to compensation or damages in such cases to such as are provided by this act," being section five thousand four hundred forty-one of the Compiled Laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section eleven of part two of act number ten of the Public Acts of Michigan of the first extra session of nineteen hundred twelve, entitled "An act to promote the welfare of the people of this State, relating to the liability of employers for injuries or death sustained by their employes, providing compensation for the accidental injury to or death of employes and methods for the payment of the same, establishing an Industrial Accident Board, defining its powers, providing for a review of its awards, making an appropriation to carry out the provisions of this act, and restricting the right to compensation or damages in such cases to such as are provided by this act," being section five thousand four hundred forty-one of the Compiled Laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 11. (a) The term "average annual earnings" as used in this act is defined to be fifty-two times the average weekly wages of the employe as arrived at according to the provisions of this section. (b) The term "average weekly wages" as used in this act is defined to be six times the daily wage, salary of emolument which the injured employe is earning at the time he suffers the accidental injury. (c) In cases where it is impossible to ascertain the exact ment of daily daily wage, salary or emolument the injured employe is earn wage. |