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[No. 140.]

AN ACT making appropriations for the Agricultural Fair Commission for the fiscal years ending June thirty, nineteen hundred eighteen and June thirty, nineteen hundred nineteen, and to provide a tax to meet the same.

The People of the State of Michigan enact:

purposes.

SECTION 1. There is hereby appropriated for the use of General the Agricultural Fair Commission, to carry out the purposes of said commission as defined by act number two hundred ninety-four of the Public Acts of nineteen hundred fifteen, for the fiscal year ending June thirty, nineteen hundred eighteen, the sum of fifty thousand dollars, and for the fiscal year ending June thirty, nineteen hundred nineteen, the sum of fifty thousand dollars.

SEC. 2. The several amounts appropriated by the provi· How paid sions of this act shall be paid out of the general fund of the out. State treasury to the treasurer of the Agricultural Fair Commission at such times and in such amounts as the general accounting laws of the State prescribe, and the disbursing officer shall render his accounts to the Auditor General thereunder.

SEC. 3. The Auditor General shall incorporate in the State Tax clause. tax for the year nineteen hundred seventeen, the sum of fifty thousand dollars, and for the year nineteen hundred eighteen, the sum of fifty thousand dollars, which amounts when collected shall be credited to the general fund to reimburse the same for the moneys hereby appropriated.

This act is ordered to take immediate effect.
Approved April 25, 1917.

[No. 141.]

AN ACT to provide for the organization of school districts in cities having a population of over one hundred thousand and less than two hundred fifty thousand inhabitants; to provide for a board of education for such districts; and prescribing the powers and duties of such board.

The People of the State of Michigan enact:

to constitute

SECTION 1. Each city having a population of more than one Certain cities hundred thousand and less then [than] two hundred fifty single school thousand inhabitants, shall constitute and be one school dis- district. trict and be known as the "School District of the City of—.”

Property of city district.

When school district divided.

When city annexes territory.

When effective.

First board of education, election, etc.

If, at the time this act takes effect in any city, there shall be in existence within the limits of the city more than one school district or parts of more than one school district, then, from the taking effect of this act in that city, the school districts, or parts of districts, within the limits of the city shall constitute and be the "School District of the City of

and shall be under the jurisdiction of the board of education herein provided for.

SEC. 2. If no division of a school district is caused by the taking effect of this act in any city, all school property shall vest in and be the property of the city district, and such district shall be liable for and shall pay all indebtedness of the district or districts formerly existing within its limits.

SEC. 3. If by reason of the taking effect of this act in any city, a school district, or districts, shall be divided, the school property within the city (except cash and taxes levied but uncollected) shall vest in and be the property of the city district. The cash, taxes levied and uncollected, and district indebtedness shall be divided between the former school districts and the city district in proportion as the relative values of the taxable property left without and brought within the city district by this act bear to the aggregated value of the taxable property in the entire districts affected, before the division, as determined by the last preceding assessment roll. Each district affected hereby shall be liable for and shall pay its proportion of such indebtedness.

SEC. 4. If, after the taking effect of this act in any city, territory shall be annexed to the city pursuant to law, such territory, by such annexation, shall become and be part of the school district of that city. If by such annexation no school district is divided, the property of any school district so annexed shall vest in and be the property of the city district, and the city district shall be liable for and shall pay all indebtedness of any school district so annexed. If by such annexation any school district is divided, the property, cash, taxes levied and uncollected, and indebtedness of the divided district shall vest and be divided as is herein in similar case provided in section three.

SEC. 5. This act shall be in force in all cities having the requisite population according to the United States census of nineteen hundred ten at the date of the taking effect of this act, and shall be in force in all cities thereafter attaining the requisite population, as soon as the Governor (having first ascertained by United States census or by official estimate of the United States census bureau that the city has the req uisite population) shall so proclaim. The first election of members of the board of education hereunder shall occur at the first city charter election held after the taking effect of this act in any city. The first board shall meet and organize on the first Monday in May following such election. Until such first Monday in May the laws theretofore governing the

schools shall continue in force and shall govern the administration of the schools of such city. The term of office of all school trustees elected under laws theretofore governing in such cities shall expire upon the organization of the new board, their election for a longer term to the contrary notwithstanding.

SEC. 6. School districts in cities affected by this act shall General law be governed in all respects not herein specially provided for, to govern. by the general school laws of the State from time to time in

force.

of board.

SEC. 7. The board of education shall consist of nine mem- Membership bers elected from the city at large. The term of office shall commence on the first Monday of May in each year and continue until a successor is elected and qualified. The first board at its first meeting shall, by lot, determine which three of its members shall serve one year, which three shall serve two years, and which three shall serve three years, and their terms shall be accordingly: Provided, That the members of Proviso. the board of education elected prior to the adoption of this act shall continue in office until the expiration of the respective terms for which they were elected, and with the new members elected at the first election under this act shall constitute the first board of education hereunder. At the time of each annual city charter election thereafter, members of the board shall be chosen to fill the positions of those whose terms are about to expire. Three years shall be the term of each member chosen after the first election.

SEC. 8. Any qualified school elector of the city shall be who eligible to be chosen as a board member, and, if duly regis eligible. tered shall be qualified to vote for board members at such election. The qualifications of school electors shall be as determined by general law. Nominations for board members Nominations. shall be by petition signed by not less than one hundred qualified school electors of the city, which petition shall be filed with the city clerk at least fifteen days before election. No petition which does not have such number of such signatures shall constitute a valid nomination. At the same time and Ballot. in the same general manner provided with reference to city charter elections, the proper officials shall prepare and have printed an official ballot on which shall be placed the names of all who have been nominated for members of said board. In printing, the names shall first be arranged alphabetically and the first one hundred printed accordingly; then the name at the top shall be put at the bottom for printing the second one hundred, and a corresponding change shall be made in each succeeding one hundred printed. The election shall be Election. by separate ballot in a separate box, but at the same time and place as the city charter election, and shall be conducted by the same inspectors, canvassed, reported, considered and treated as a part of such city charter election in all particulars not otherwise specified. Voting, or attempting to vote,

Who may vote.

Notice to officials elected.

Vacancy, how filled.

Body corporate.

for board members at such election by one not legally enti tled to vote therefor, shall constitute the same offense and shall be prosecuted and punished in the same manner as casting, or attempting to cast, any illegal vote at the charter election.

SEC. 9. No school elector not registered as provided herein shall be entitled or permitted to vote at elections for board members, excepting that votes may be sworn in as is permitted by law at a general election. The same registration required or provided for a city charter election shall be suffi cient registration for school elections. In addition thereto, the registration boards shall be provided with separate books for registration of school electors who are not general electors. Before registering any name therein the registration board shall be reasonably satisfied that the applicant for registration is a qualified school elector. Such registration shall, in all respects not herein specified, be conducted in the same manner as, and as part of, the registration required or provided for with reference to city charter elections.

SEC. 10. The city clerk, within the time specified for serv ing notices upon officials elected at a municipal election, shall serve notice of his election upon each member of said board elected at said election. On the first Monday in May in each year the board shall organize for the ensuing year by electing its officers herein provided.

SEC. 11. If any person elected fails to take oath of office within ten days after service of notice of his election, or if any member during his term shall die, become mentally incompetent, resign or lose residence in the district, a vacancy shall thereby exist, which shall be filled by election from such district by a majority of the remaining members of the board for the remainder of the current year, and at the next election the vacancy shall be filled by an election for the remainder of the term of the former member. If upon specific written charges filed with the secretary of the board, and after proper opportunity to be heard, any member of the board is by vote of two-thirds of the members thereof, found guilty of willful acts of misfeasance or nonfeasance in his office, he may be removed from his position by such two-thirds vote, whereupon a vacancy shall exist and be filled as above provided.

SEC. 12. The said board of education shall be a body corporate under the name and style of "The Board of Education of the City of ..... " and under that name may sue and be sued, and may take, hold, sell and convey real and personal property, including property received by gift, devise or bequest, as the interest of said schools and the property and welfare of said school district may require. The said board of education may take and hold real and personal property for the use of the public schools within and without its corporate limits and may sell and convey the same. The

property,

property of said board of education shall be exempt from taxation for all purposes except for special improvements. The board of education chosen pursuant to this act shall be the successor of any school corporation or corporations existing within the limits of such city or cities and shall be vested with the title to all property, real and personal, vested in the school corporations of which it is the successor. Said board of education shall be liable to pay the indebtedness and obligations of the school corporations of which it is the successor, in the manner and to the extent provided in this act. Said board May purchase of education shall have power to purchase all property, erect etc. and maintain all buildings, purchase all personal property, employ and pay all persons, and do all other things in its judgment necessary for the proper establishment, maintenance, management and carrying on of the public schools of the city and for the protection of other property of the district, and it shall have authority to adopt by-laws, rules and regulations for its own government and for the control and management of all schools, school property and pupils. It shall not have power to raise money, borrow money, or incur indebtedness except in the manner herein specified.

SEC. 13. The officers of the board shall be a president, vice- Officers. president, secretary and treasurer. The city treasurer shall be ex officio treasurer of the board. The president and vice president shall be elected annually from among the members of the board by a majority vote thereof. The secretary shall not be a member of the board. The president, vice president and secretary shall perform such duties as may be prescribed by the by-laws, rules and regulations of the board. The officers of the board who in the discharge of the duties of their respective positions handle funds belonging to the public schools, shall be required to give bonds for the faithful performance of their duties, in such manner and form as may be prescribed by the rules and by-laws of the board. The treasurer shall have the custody of all moneys belonging to the school district and shall pay out the same only upon orders as in this act specified. The city attorney shall be the legal advisor of said board and represent it in all litigation. The board shall require from the city treasurer a separate Treasurer's bond to protect the separate funds of the board. Interest upon such separate funds shall be the property of the board. SEC. 14. Regular meetings of the board shall be held at Meetings. least once in each month, at such time and place as may be fixed by the by-laws. Special meetings may be called and held in such manner and for such purposes as may be specified in the by-laws.

bond.

SEC. 15. The fiscal and accounting year shall commence Fiscal year. with the first day of July in each year.

tax necessary.

SEC. 16. The board shall annually on or before the first Estimate of Tuesday in April in each year, make an estimate of the amount of taxes deemed necessary for the ensuing year for

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