The Belding banner-news. (Belding, Mich.) 1918-1973, 1920-09-08

pense has been incurred by the city,
which is proper charge against the
defendant or the lots or premises IN
question, render judgement for the
amount properly chargeable against
such defendent or upon such lots or
premises.
Condemnation.
Section 145. The city council shall
by ordinance. provide for acquiring
by condemnation or otherwise, such
property and rights as may be re-
quired for any public use within the
scope of its powers, in the manner
prescribed by the statutes Of the
state of Michigan.
Cost of condemned property added.
Section 146. Whenever any prop
erty is acquired by condemnation or
otherwise for the purpose of any
special Improvement, the cost there
of may be added to the costs of such
special improvement, levied upon the
property benefited thereby and col
lected accordingly.
Liability of common carriers for
public improvements.
Section lat. All freight houses
depots, roadbeds, rights of way and
other premises belonging to any rail
road corporation or company within
the corporate limits of the city of
Bedding which are necessarily used
in operating the respective franchises
of said railroads, and the person,
company or corporation owning the
same, are liable for all valid, unpaid
assessments for public improvements
hereafter made within the city Of
Belding and assessed against the
same, but no lien shall attach there
on on account of such assessments
and the payment of such assessments
shall not be enforced and collected by
the sale of such property. Assessments
of such classes of property shall be
made in the same manner as the as
sessments of other property under
the charter of said city for special
improvements. All special assess
ments made as aforesaid against the
property of said railroad companies
and the owners thereof. for public
Improvements, and all installments
thereof, together with the interest,
cost and charges thereon for enforc-
| ing the collection of the same, are
hereby made and declared legal de-
mands against each and every of
said railroad corporations or compan-
| les against whose property such as
sessments are made in favor of the
city of Bedding and if any of the
railroad or railway corporations or
companies shall fail to make pay
ment thereof within the time pay
ment is required of such special as
sessments under the roll on which
they are extended then the city OF
Bedding may institute an action in
assumpsit or other proper legal ac-
ton in any court of competent juris-
diction against the owners of said
properties, and if judgement be Sc
cured, the same may be collected on
execution out of any property of said
railroad company liable to levy and
sale on execution.
Cost of improvements to include
certain costs.
special improvements for which a
| special assessment roll shall be made
shall include the cost and expense of
making estimates, plans and assess
ments incidental thereto.
Franchises and Public Utilities
Power to grant franchises.
Section 149. The power to grant
irrevocable franchises for any public
utility, enterprise or service and to
renew, amend and extend the same,
shall be exercised by ordinance only
which ordinance shall not become eff
| fective until it shall have.
(a) Been passed by the city coun-
ell.
(b) Been Internationally accepted
in writing by the grantee.
(c) Been published in full, togeth-
er with the grantees acceptance, in
newspaper published and circulat-
ing or circulating in the city, at
least once week for five consecutive
weeks, the last insertion to be made
within the week Immediately pre-
ceding date of the popular vote.
(d) Received the affirmative vote
| of three ffths (3-5) Of the electors
of said city, voting thereon at reg
ular or special election.
(e) And until the grantee thereof
has deposited with the city treasurer
sufficient moneys to pay the expenses
of such election as determined by the
city council.
| Time limitations and terms.
| Section $50. No ordinance, grant
| ing or renewing a franchise, shall be
adopted by the city council within
sixty DAYS after application therefor
has been filed nor shall franchise
ordinance be submitted to the cleo
tors of the city until at least sixty
days after its preparation and adop-
ton by the city council and the
grantee has filed with the city coun-
Gil its unconditional acceptance of
the proposed franchise or renewal,
if granted by the electorate. No
franchise shall be granted for long
err term than thirty years and every
amendment and alteration thereof
and all rights Hereunder, shall ex-
pire at the same time as the origi-
nal grant, unless shorter term has
been prescribed in the amendment or
alteration.
| Right of the city to purchase or
Icondemn.
| Section Isl. Every franchise or
renewal thereof shall reserve to the
city the right to purchase or lease
all the property used in or useful for
the operation of such utility either
fixed in the ordinance or to be fixed
in the manner provided by the ordi-
nance granting the franchise or re-
nawa1 which Drice shall not include