VGPS – Municipal Code Charter-CH.7-PUBLIC IMPROVEMENTS

CHAPTER VII. PUBLIC IMPROVEMENTS

A. IN GENERAL

Section 1. Cost and expense.
The cost and expense of any public improvements, including the necessary lands therefor, may be paid from the proper general funds of the village or by bonds issued for that purpose under the provisions hereof unless the same shall be paid for by special assessment as otherwise provided in this charter: Provided, however, that if a majority of the property owners along a street, owning a major part of the frontage thereon, shall so petition the council in writing, the cost and expense of installing a boulevard lighting system on such street may be met by a special assessment upon the lands abutting thereon. When by the provisions of this charter the cost and expense of any local or public improvement may be defrayed in whole or in part by special assessment upon lands abutting upon and adjacent to or otherwise benefitted by the improvement, such assessment may be made as in this charter provided.

Section 2. Power to own, etc., utilities.
The village may acquire, own and operate, either within or without its corporate limits, public utilities for supplying water, light, heat, and power to the municipality and the inhabitants thereof; and may also sell and deliver water, heat, power and light without its corporate limits to an amount not to exceed twenty-five per cent of that furnished by it within the corporate limits, Provided, however, That the village shall not acquire any public utility or grant any public utility franchise which is not subject to revocation at the will of the village, unless such proposition shall have first received the affirmative vote of three-fifths of the electors of the village voting thereon at a regular or special municipal election.

Section 3. Public buildings.
The village may acquire, purchase, and erect such public buildings as may be required for the use of the village, and may purchase, appropriate and own such real estate as may be necessary for public grounds, parks, markets, public buildings, and other purposes necessary or convenient for the public good, and for the execution of the powers conferred in this charter; and such buildings and grounds, or any part thereof, may be sold at public sale, or leased, as occasion may require: Provided, however, That no public parks shall be sold or leased without the consent of a majority of the qualified electors of the village voting thereon at a general or special election.

Section 4. Prison, hospital, etc.
When the council shall deem it for the public interest, grounds and buildings for the village prison, hospital and/or pest-house, may be purchased or otherwise acquired, erected and maintained beyond the corporate limits of the village; and in such cases the council shall have authority to enforce beyond the corporate limits of the village, and over such lands, buildings and property, in the same manner and to the same extent as if they were within the village, all such ordinances and police regulations as may be necessary for the care and protection thereof, and for the management and control of the persons kept or confined in such prison, pest-house or hospital.

Section 5. Care of property.
The council shall have authority to lay out, establish, or vacate and discontinue public parks and grounds within the village, and to improve, light and ornament the same, and to regulate the use thereof, and restrict the use thereof to residents and property owners of the village, and to protect the same and the appurtenances thereof from obstruction, encroachment and injury.

B. STREETS AND SIDEWALKS

Section 1. Supervision of streets.
The council shall have supervision and control of all public highways, bridges, streets, avenues, alleys, sidewalks and public grounds within the village, and shall have the like authority over the same as is given by the general laws of the state. The village shall not be liable in damages sustained by any person in the village, either to his person or property, by reason of any defective street, sidewalk, crosswalk, or public highway, or by reason of any obstruction, ice, snow or other incumbrance upon such street, sidewalk, crosswalk or public highway, situated in the village unless such person shall serve or cause to be served within sixty days after such injury shall have occurred a notice in writing upon the clerk or deputy clerk and corporation counsel of the village, which notice shall set forth substantially the time when and place where such injury took place, the manner in which it occurred, and the extent of such injury as far as the same has become known, and that the person receiving such injury intends to hold the village liable for such damages as may have been sustained by him.

Section 2. Grade of streets and repair and cost.
The council shall have control of all sidewalks in the public streets and alleys of the village, and may prescribe the grade thereof, and change the same when deemed necessary. They shall have power to build, maintain and keep in repair sidewalks and crosswalks in the public streets and alleys, and to charge the expense of constructing and maintaining such sidewalks upon the lots and premises adjacent to and abutting upon such walks. The council shall also have authority to require the owners and occupants of lots and premises to build, rebuild and maintain sidewalks in the public streets adjacent to and abutting upon such lots and premises and to keep them in repair at all times, and to construct and lay the same upon such lines and grades, and of such width, materials, and manner of construction, and within such time as the council shall, by ordinance or resolution prescribe, the expense thereof to be paid by such owner or occupant; or the Council may by a two-thirds vote of all the trustees elect pay such part of the expense of building or rebuilding such walk as they may deem proper from the general street fund or from the street district fund of any street district in which such walk may be located.

Section 3. Taking of private property; special assessment.
The council shall have power to lay out, establish, open, make, widen, extend, straighten, alter, close, vacate or abolish any highway, street, lane, alley, sidewalk, sewer, drain, water course, bridge or culvert in the village whenever they shall deem the same a public improvement, or necessary for the public convenience; and if in so doing it shall be necessary to take or use private property, the same may be taken in the manner provided in this charter. The expense of such improvement may be paid by special assessments upon the property adjacent to or benefitted by such improvement, in the manner in this charter provided for levying and collecting special assessments, or in the discretion of the council, a portion of such costs and expenses may be paid by special assessments as aforesaid, and the balance from the general fund.

Section 4. Procedure to vacate.
When the council shall deem it advisable to vacate, discontinue, or abolish any highway, street, lane, alley or public ground, or any part thereof, they shall by resolution so declare, and in the same resolution shall appoint a time not less than four weeks thereafter when they will meet and hear objections thereto; notice of such meeting, with a copy of said resolution, shall be given in such manner as shall be prescribed by ordinance or resolution. Objections to such proposed action of the council may be filed with the clerk in writing, and if any such shall be filed, the street, alley or public ground, or any part thereof, shall not be vacated or discontinued, except by a vote of two-thirds of the trustees elect.

Section 5. Survey of streets, etc.
The council may cause all public streets, alleys, and public grounds to be surveyed, and may determine and establish the boundaries thereof, and cause the surveys and descriptions thereof to be recorded in the office of the clerk in a book of street records, and they may cause surveys and descriptions of all streets, alleys and public grounds opened, laid out, altered, extended, or accepted and confirmed by them to be recorded in like manner, and such record shall be prima facie evidence of the existence of such streets, alleys or public grounds, as in the records described. Every resolution or ordinance discontinuing or vacating any street, alley or public ground shall also be recorded in said book of street records and the record shall be prima facie evidence of all matters therein set forth.

Section 6. Conformity of buildings to street grades.
The council shall have authority to determine and establish the grade of all streets, avenues, alleys and public grounds within the village, and to require improvements and buildings, adjacent to, or abutting upon such streets, alleys or grounds to be made and constructed in conformity with such grade; and the council may change or alter the grade of any street, alley or public ground, or of any part thereof whenever in their opinion the public convenience will be promoted thereby. Whenever a grade shall be established or altered a record and diagram thereof shall be made in the book of street records in the office of the clerk.

Section 7. Compensation for change of grade.
Whenever the grade of any street or sidewalk shall have been heretofore or shall hereafter be established, and improvements shall thereafter be made by the owner or occupant of the adjacent property in conformity of such grade, such grade shall not be changed without compensation to the owner for all damages to such property resulting therefrom or by providing a sufficient guarantee of payment of such compensation, to be ascertained by a jury as provided in Chapter VIII of this charter or said damages may be ascertained and agreed upon by and between the village and the owner or occupant of such premises. Whenever such damage shall be ascertained or agreed upon, as heretofore provided, such damages or such part thereof as the council shall deem equitable and just, shall be paid by the village, or the council may cause such damages, or such part thereof as may be just and proper, to be assessed upon such real estate as may be benefitted by reason of the change of such grade, and whenever the council shall determine to assess such damages, or any part thereof, upon the property benefitted, it shall determine and define a district in said village which in its judgment is benefitted by the improvement out of which said damages arise, and shall cause the same to be assessed upon such district, which said assessment shall be upon the owners or occupants of the taxable Real Estate in said district, in proportion as nearly as may be to the advantage or benefit each lot, parcel, or subdivision is deemed to acquire by the improvement out of which such damages arise; but the property on account of which such damages were awarded shall not be included in said district. The assessment shall be made, and the amount levied and collected in the same manner as other assessments on a district deemed to be benefitted, in the grading and improvement of streets, as provided for in this charter; and all of the provisions of Chapter VI of this charter relative to special assessments and the collection thereof, shall apply thereto. Such damages, when collected as aforesaid, or when determined upon by the village, shall be paid to the person entitled thereto.

Section 8. Opening of streets for laying pipes, etc.
The council may regulate the making of all openings in and removals of earth from public streets, for the laying or repair of sewers, drains, tunnels, gas pipes, water pipes, or for any other purpose; and may prohibit and prevent all such openings and removals of earth except by permission of the council, and at such times and upon such terms and regulations as they may prescribe.

C. PAVING AND BRIDGES

Section 1. Power to construct.
The council shall have authority to construct and maintain bridges and culverts where needed; and to grade, pave, curb, gravel, plank, and otherwise improve and repair the highways, streets, lanes, avenues and alleys of the village.

Section 2. How expense paid.
The expense of constructing and maintaining bridges, and the whole, or such part as the council shall determine, of the expense of improving and working, including grading and graveling upon the streets and highways, may be paid from the general fund, to be raised by tax upon all the property in the village; or, the village may be divided into street districts, and a part of the whole expense of improving and working the streets, in each district may be paid from a street district fund, to be raised by a tax upon the property in the district. The expense of grading, paving, graveling and planking any street may be defrayed by a special assessment upon the lots and premises abutting upon such improvement, in proportion to their number of feet front upon the street, or in proportion to the benefits conferred upon property in the district, or a part of such expense may be so paid and the remainder may be paid from the general fund, or from the street district fund, as the council may decide. The term paving shall include curbing and the construction of cross walks in the paved streets.

Section 3. Public buildings in district.
When expenses for any such improvement shall be assessed in a special assessment district, and there shall be lands belonging to the village, school buildings, or other public buildings or public grounds not taxable, fronting upon such improvement, such part of the expense of such improvement as in the opinion of the council or board of assessors making the special assessment would be justly apportionable to such public grounds, buildings, and village property, and to any interior squares or spaces formed by the intersection of streets, were they taxable, shall be paid from the general fund, and the balance of such expense shall be assessed upon the taxable lots and premises included in the special assessment district. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, or in proportion to the benefits conferred upon such lots by such improvement, if from the shape or size of any lot an assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the council or board of assessors making the assessment may assess such lot for such number of feet frontage or for such benefit conferred as in their opinion will be just.

D. SEWERS, DRAINS AND WATER COURSES

Section 1. Construction of sewers, etc.
The council may establish, construct and maintain sewers, drains and water-courses whenever and wherever necessary, and of such dimensions and materials, and under such regulations as they may deem proper for the drainage of the village; and private property, or the use thereof, may be taken therefor in the manner provided by this charter for taking private property for public use. But in all cases where the council shall deem it practicable, such sewer, drain and water courses shall be constructed in the public streets and grounds.

Section 2. Expense of constructing; assessment; bonds.
The expense of constructing sewers, drains and water courses may be paid by general tax upon all the taxable property in the village; or such expenses may be defrayed by special assessment upon the lands and premises benefitted by the drainage, in proportion to the benefits resulting to each lot or parcel of land respectively; or such part of the expense as the council shall determine may be defrayed by special assessment, and the remainder may be paid by general tax or otherwise as herein provided. And if the council shall declare that the expense of any sewer, drain or water course, or any part of such expense, shall be paid by a special assessment upon the lands and premises benefitted, then such special assessment may be levied in a single assessment, or, in the discretion of the council, the special assessment rolls to defray the cost and expense of such improvement may be made in five parts or installments, each part or installment to contain a list of the lots or parcels of land constituting the special assessment district with the names of the owners, if known, or occupants of each lot or parcel of land; and one-fifth of the cost or expense of such improvement which is to be assessed shall then be assessed upon each one of said five parts or installments, one of which shall become due and be collected each year, at such time as the council shall determine, with interest at a rate not exceeding six percent per annum to be fixed by the council; but the whole assessment after confirmation may be paid in full by any person assessed for such improvement, without interest at the time when the first installment is due. The village council shall have power to issue either term or serial bonds of the village bearing not to exceed six per cent interest to an amount not exceeding the assessment, and may, in its discretion, pledge the full faith and credit of the village for the payment of such bonds. Bonds for two or more improvements may be consolidated in a single issue. In the event term bonds are issued hereunder all payments made on the assessments shall be paid into and constitute a sinking fund for the payment of said bonds at maturity. Owners and occupants paying by installments shall pay the full amount of the interest on each installment down to the maturity thereof, but may pay the principal and such interest before maturity. Contractors for the construction of sewers may be required to take their pay in such special sewer bonds; and if the council so declares, the notice of such declaration shall be included in the notice calling for proposals to construct such sewers. The council shall, however, first advertise said bonds for sale for four consecutive weeks in some newspaper of general circulation within or near said village, and in such other manner as they may determine, and all bids received for such bonds shall be opened in public and the sale of said bonds awarded to the highest responsible bidder; or after advertising for sale said bonds as above set forth, the council may reject all bids; but no such bonds shall, in any event be sold, or otherwise disposed of, at less than their par value. The village council may issue serial bonds, running one, two, three, four and five years respectively, to defray that portion of the cost or expense of any sewer, drain or water course, chargeable to lands belonging to the village, school buildings or other public buildings or grounds, including such portion of said cost or expense as the council may have decided to pay from the general fund.
Editor's note: Higher interest rates are permitted by MCL 133.1a, 133.9.

Section 3. Procedure--Notice and hearing.
Before proceeding to the construction of any sewer, drain or water-course, the expense or any part of the expense of which is to be defrayed by special assessment, the council shall cause a map to be made of those lands and premises which in their opinion will be benefitted by the drainage, and which they intend to assess for the cost of the sewer, drain or water course. Said lands shall constitute a sewer district; and said map shall show the boundaries and divisions of all the lots and premises in the district, and the proposed route and location of the sewer, drain or water course through the same; also its depth, grade and dimensions. Said map, with an estimate of the cost of the proposed work, shall be deposited with the clerk, and notice shall be given by publication in a newspaper printed and published in the village for two weeks or by posting copies of such notice for the same length of time, in three public places in the village, of the intention to construct the sewer, drain or water course, and where the map and estimates aforesaid can be found, and appointing a time when the council will meet to hear any suggestions and objections from persons interested or liable to be assessed for the work.
State law references: Special assessment notices and hearings, MCL 211.741 et seq.

Section 4. Procedure--Resolution of council.
When the council shall determine to construct any such sewer, drain or water course, they shall so declare by resolution, designating the lands or district to be assessed, and describing, by reference to the map and diagram mentioned in the preceding section, the route, location, depth, grade and dimensions of the work, and shall state in the same resolution what part of the expense if any, is to be paid by general tax or otherwise as herein provided, and what part by special assessment, according to the benefits; such map and diagram as adopted shall be filed with the clerk.

Section 5. Special assessment.
Special assessments for the purposes aforesaid shall be made in the manner provided in chapter VI of this charter.

Section 6. Construction of private drains.
Whenever the council shall deem it necessary for the public health, they may require the owners and occupants of lots and premises to construct private drains therefrom to connect with some public outlet, and thereby to drain such lots and premises; and to keep such private drains in repair and free from obstruction and nuisance; and if such private drains are not constructed and maintained according to such requirement, the council may cause the work to be done at the expense of such owner or occupant, and the amount of such expense shall be a lien upon the premises drained, and may be collected by special assessment to be levied thereon.

Section 7. Connection of private drains with public sewer.
The owners and occupants of lots and premises shall have the right to connect the same, at their own expense, by means of private drains, with the public sewers and drains, under such rules and regulations as the council shall prescribe.

Section 8. May tax for connection.
The council may charge and collect annually from persons whose premises are connected by private drains with the public sewers, such reasonable sum as they may deem just, in proportion to the amount of drainage through such private drain; and such charge shall be a lien upon the premises, and may be collected by special assessment thereon.

Section 9. Expense of ditches, etc.
Such part of the expense of providing ditches and improving water courses, as the council shall determine, may be defrayed by special assessment upon the lands and premises benefitted thereby in proportion to such benefits.

Section 10. Repair and reconstruction of sewers.
The expenses of repairing public sewers, ditches and watercourses may be paid by general tax. The expenses of reconstructing public sewers may be defrayed in the manner herein prescribed for paying the expenses of the construction thereof.

Section 11. Control of sewers.
The council may enact such ordinances or resolutions as may be necessary for the protection and control of the public drains and sewers, and to carry into effect the powers herein conferred in respect to the drainage of the village.

E. WATER WORKS

Section 1. Power to construct.
The council shall have power to purchase or construct, and maintain water works for the introduction of water into the village, and supplying the village and inhabitants thereof with pure and wholesome water, for the extinguishment of fires, the ordinary and extraordinary uses of the inhabitants thereof, and for such other purposes as the council may prescribe; and may also construct and maintain a filtration plant for the purification of the water supply of the village; or in lieu thereof, the council shall have power to contract with any corporation, public or private, for the furnishing of water for such purposes, and to construct the necessary mains, hydrants and connections, and to enact such ordinances, and establish and enforce such regulations as they shall deem necessary with respect thereto.

Section 2. May acquire and maintain appurtenances.
The village may acquire, purchase, erect and maintain such reservoirs, canals, aqueducts, sluices, buildings, engines, water wheels, pumps, hydraulic machines, distributing pipes and other apparatus, appurtenances and machinery, and may acquire, purchase, appropriate and own such grounds, real estate, rights and privileges as may be necessary and proper for the securing, constructing, rebuilding, repairing, extending and maintenance of such water works or filtration plants.

Section 3. May borrow for water works--Payment.
It shall be lawful for the village, subject to the provisions of this charter, to borrow any sum of money, that will not make the total indebtedness of the village greater than ten per cent of the assessed value of the property in the village, as shown by the last preceding tax roll, to be used exclusively for the purpose of purchasing, constructing, repairing, rebuilding, extending and maintaining water works, or filtration plants as provided in the two preceding sections, and for the payment of any indebtedness incurred by the village in purchasing, constructing, repairing, rebuilding, extending and maintaining water works or filtration plants. The council shall have the power to fix the time and place of the payment of the principal and interest of the debt contracted under the provisions of this chapter and to issue bonds of the village therefor. If serial bonds are issued the first installments of principal shall fall due not more than three years after the date of issue, and no installment of principal shall be less than one-third the amount of the largest installment, except that serial annuity bonds may be sold wherein the sum of the principal installment and the annual interest shall be approximately equal in each year of the life of the bond. The rate of interest on such bonds shall not exceed six per cent per annum. Such bonds shall not be sold for less than their par value: Provided, That the total amount expended for the purchasing, constructing, repairing, rebuilding, extending and maintaining such water works or filtration plants, or for the payment of any indebtedness incurred by the village in purchasing, constructing, repairing, rebuilding, extending and maintaining such water works or filtration plants shall not exceed the amount of the estimate of expense provided for in section four of subdivision E of this chapter.
Editor's note: Higher interest rates are permitted by MCL 133.9.

Section 4. Estimate of cost--Referendum.
Before any money shall be borrowed, appropriated, raised or expended for the purchase, construction, repairing, rebuilding or extending of water works or filtration plants in the village, or for the payment of any indebtedness incurred by the village, in purchasing, constructing, repairing, rebuilding, extending and maintaining water works or filtration plants, the council shall cause to be made an estimate of the expense thereof, and the question of raising the amount required for such purpose or purposes and of the amount required to pay any indebtedness incurred by the village for the purchasing, constructing, repairing, rebuilding, extending or maintaining of water works or filtration plants in the village, shall be submitted to the electors of the village at its annual election or at a special election called for that purpose by the council as provided in this charter, and shall be determined as two-thirds of the electors voting at such election shall decide: Provided, however, After water works or filtration plants have been purchased or constructed in the village, the council may then raise and expend in making repairs or alterations or in extending such works, such sum as it may see fit without submitting the question to the electors of the village: Provided, That the sum to be raised for each purpose shall be included in and shall not increase the total amount which the Council is authorized to raise by the provisions of Section 1, Subdivision C, Chapter VI of this charter.

Section 5. Private connections.
The connecting or supplying pipes, leading from buildings or yards to the distributing pipes shall be inserted and kept in repair at the expense of the owner or occupant of the building or yard, and shall not be inserted or connected with the main pipe until a permit therefor shall be obtained from the Council. All such connecting or supply pipes shall be constructed and connected and maintained in the manner prescribed by ordinance or resolution.

Section 6. Water rates by ordinance.
The council shall establish a scale of rates to be charged and paid for the supply of water, to be called water rates, and which rates shall be based entirely upon the consumption of water, as near as may be practicable, and from time to time, either modify, amend, increase or diminish such rates; and the council may prescribe by ordinance, when and to whom such water rates shall be paid, and what steps shall be taken to enforce payment thereof, and may provide, in case of nonpayment, that the supply of water may be shut off or stopped as to any person or persons neglecting or refusing to make such payment.

Section 7. Care and preservation.
The council may enact such ordinances, and adopt such resolutions, as may be necessary for the care, protection, preservation, and control of the water works, and all the fixtures, appurtenances, apparatus, buildings, and machinery connected therewith or belonging thereto, and to carry into effect the provisions of this chapter, and the powers herein conferred in respect to the construction, management and control of such water works.

Section 8. May be outside village.
When the council shall deem it for the public interest, such water works may be purchased or may be constructed and maintained beyond the corporate limits of the village; and in such case the council shall have authority to enforce beyond the corporate limits of the village, within the county or counties in which such village is situated, and over the buildings, machinery, and other property belonging to and connected with such water works, in the same manner and to the same extent as if they, or it, were within the village, all such ordinances, resolutions and police regulations as may be necessary for the care, protection, preservation, management and control thereof.

Section 9. Use of streets.
For the purpose of operating or constructing and maintaining such water works, the village shall have the right to use the ground or soil under any street, highway, or road within the county or counties within which such village is situated for the purpose of introducing water into and through any and all portions of the village, on condition that it shall cause the surface of such street, highway, or road to be relaid and restored to its usual state without unnecessary delay, and any damage done thereto to be repaired, and such right shall be continuous for the purpose of repairing and relaying water pipes upon like conditions.

Section 10. Private property may be taken.
If it shall be necessary, in the judgment of the council, to appropriate private property for the construction and maintenance, or for the due operation of water works, the right to occupy and hold the same and the ownership therein and thereto may be acquired by the village in the manner and with like effect as provided in this charter for the taking of private property for public use.

Section 11. May contract for water supply.
The council may contract from year to year, or for a period of time not exceeding ten years, with any person or persons, or with any duly authorized corporation, for the supplying of the village and the inhabitants thereof, with water, upon such terms and conditions as may be agreed; and may grant to such person, persons, or corporation the right to the use of the streets, alleys, wharves, and public grounds of the village as shall be necessary to enable such person, persons, or corporation to construct and operate proper works for the supply of water for the use of the village, and the inhabitants thereof, upon such terms and conditions as shall be specified in such contracts.

F. LIGHT, HEAT AND POWER

Section 1. Power to construct or contract for.
The village shall have power to acquire by purchase, or to construct, operate and maintain, either independently or in connection with the water works or other public utility of the village, either within or without the village, works for the purpose of supplying the village and the inhabitants thereof, or either, with gas, electric or other lights, heat and power, at such times, and on such terms and conditions as the council shall direct, or in lieu thereof, to contract with any corporation, public or private, to supply the same upon such terms as the council shall deem proper, and to enact such ordinances to establish and enforce such regulations as they shall deem necessary with respect thereto.

Section 2. Resolution.
Whenever the council of the village shall, by resolution, declare that it is expedient for the village to acquire by purchase, or to construct as the case may be, works for the purpose of supplying the village and the inhabitants thereof, or either, with gas, electric or other lights, heat, and power then the council shall have power to take such action as shall be deemed expedient to accomplish such purpose.

Section 3. Referendum.
In case the council shall declare that it is expedient for the village to acquire by purchase, construction or reconstruction, as the case may be, works for the purpose of supplying the village and the inhabitants thereof, or either, with electric or other lights or heat and power then the council shall cause to be made and recorded in their proceedings, an estimate of the expense thereof and the question of raising the amount required for such purpose or such part of such estimate not in excess of limitations on indebtedness of the village provided by this charter and not exceeding such estimate, shall be submitted to the electors of the village at its regular election, or at a special election called for that purpose by the council as provided in this charter, and if such question shall receive the affirmative vote of three-fifths of the electors voting at such election by ballot the council may then proceed in any manner authorized by this charter. The question of raising the money required for such purpose by borrowing and issuing the bonds of the Village therefor, may be submitted at the same time, either as an independent question, or as part of the same question.

Section 4. Power to borrow.
It shall be lawful for the village to borrow any sum of money not exceeding five per cent of the assessed value of the property in said village as shown by the last preceding tax roll, to be used exclusively for the purpose of purchasing or constructing and maintaining such utilities as provided in Subdivision F of this chapter. The council shall have power to fix the time and place of the payment of the principal and interest of the debt contracted under the provisions of Subdivision F of this chapter, and to issue bonds of the Village therefor, but the rate of such interest shall not exceed six per cent per annum, and such bonds shall not be sold for less than their par value: Provided, That the total amount expended for the purchase or construction of such utilities shall not exceed the amount of the estimate of expense therefor provided for in Section 3, Subdivision F of this chapter.
Editor's note: Higher rates of interest are permitted by MCL 133.1a, 133.9.

Section 5. Repairs--Tax for.
After utilities have been purchased or constructed as aforesaid, the council may then raise and expend in making repairs or alterations, or in extending such works, such sum as it may deem advisable, not to exceed the sum of Ten Thousand Dollars ($10,000.00) without submitting the question to the electors of the village: Provided, That the sum to be so raised, in any one year, shall be included in, and shall not increase the total amount which, by the provisions of section 1 of subdivision C of Chapter VI of this charter, the council is authorized to raise: Provided further, That upon approval of three-fifths of the electors of such village, the council may, in lieu of raising such funds by tax, as is provided by section 1 of subdivision C of Chapter VI of this charter, borrow money and issue bonds for such repair, alteration or extension of such utilities under such provisions of section 3 of this subdivision of this chapter as apply to the acquiring or construction of such works.

Section 6. Rates.
The council shall have the power to fix such just and equitable rates as may be deemed advisable for supplying the inhabitants of the village with such utilities.

Section 7. Private property.
If it shall be necessary in the judgment of the council to appropriate private property for the construction and maintenance, or for the due operation of such utilities or any of them, the right to occupy and hold the same, and the ownership therein and thereto may be acquired by the village in the manner and with like effect as provided in this charter for the taking of private property for public use.

Section 8. Power to contract for.
The council may contract from year to year, or for a period of time not exceeding ten years, with any person or persons, or with any duly authorized corporation, for the supplying of the village or the inhabitants thereof, or both, with any such public utilities, upon such terms and conditions as may be agreed; and may grant to such person, persons or corporation the right to such use of the streets, alleys, wharves and public grounds of the village as shall be necessary to enable such person, persons or corporation to construct and operate proper works for the supplying of such utilities upon such terms and conditions as shall be specified in such contract.

Section 9. Preservation of, etc.
The council may enact such ordinances and adopt such resolutions as may be necessary for the care, protection, preservation and control of such utilities, and all the fixtures, appurtenances, apparatus, buildings, and machinery connected therewith or belonging thereto, and to carry into effect the provisions of this subdivision of this chapter, and the powers herein conferred in respect to the erection, purchase, maintenance, management and control of such works.

G. HARBORS, WHARVES, FERRIES, ETC.

Section 1. Power to construct wharves.
The council of the village shall have the power to establish, construct, maintain and control public wharves, docks, piers, landing places, seawalls, breakwaters, and levees, upon any lands or property belonging to or under the control of the village, including property at the foot or end of public streets; and the council may lease wharving and landing privileges upon any of the public wharves, docks, or landings, but not for a longer time than ten years, and in such manner as to preserve the right of all persons to a free passage over the same with their baggage.

Section 2. Regulation of wharves.
The council shall have authority also to require and cause all docks, wharves, seawalls, breakwaters, and landings, whether upon public grounds or upon the property of private individuals, to be constructed and maintained in conformity with such grade as may be established therefor by the council, and to prescribe the line beyond which any such wharf, dock, seawall, breakwater, or landing shall not be constructed or maintained.

Section 3. Same--Rates.
The council shall have authority to prohibit the encumbering of the public wharves and landings, and to regulate the use of all wharves, docks and landing places within the village; to regulate the use and location of wharf-boats; and to regulate and prescribe the rates and charges for landing, wharfage, and dockage at all public wharves, docks and landings, and to collect wharfage and dockage from boats, water-craft, and floats landing at or using any public landing place, wharf, or dock within the village.

Section 4. Regulation of use of harbor.
The council shall have authority to provide by ordinance for the preservation of the purity of the waters of any harbor, river, or other waters within the village, to control and regulate the anchorage, moorage, and management of all boats, watercraft, air-craft and floats within the jurisdiction of the village; and to regulate and prescribe by such ordinances, or through a harbor master or other officer, such location of any boat, craft, vessel, or float, and such changes of station in, and use of the harbor as may be required to promote order therein, and the safety and convenience of all such boats, craft, vessels and floats, and to regulate the opening and passage of bridges; and generally to enact and enforce such ordinances and regulations not inconsistent with the laws of the United States, or this state, as in the opinion of the council shall be most conducive to the orderly, safe and convenient use and occupancy of the harbor, navigable waters, wharves, docks, piers and landing places within the village.

Section 5. Harbor master.
The council may also appoint a harbor master whose duty it shall be to enforce all such ordinances and regulations as the council may lawfully enact and prescribe in respect to, and over the navigable waters, harbors, wharves, docks, landings and basins within the village, or within its control, and in respect to the navigation, trade and commerce of the village, and prescribe the powers and duties of such harbor master and fix his compensation.

Section 6. Ferries.
The council may prohibit, regulate and license ferries or the operation of boats for hire to or from the village, or any place of landing therein, or from one part of the village to another; and may require the payment of such reasonable sum for such license as the council shall deem proper; and may impose such reasonable terms and restrictions, in relation to the keeping and management of ferries or other boats operated for hire, and the time, manner, and rates of carriage and transportation of persons and property as may be proper, and may provide for the revocation of any such license, and for the punishment, by proper fines and penalties, for violations of any ordinance prohibiting unlicensed ferries or boats operated for hire; or regulating those established and licensed.