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(g) To have the care and custody of all school property and to provide suitable school privileges, sanitary conditions, and medical inspection for the schools of the district;

(h) To fix the length of time school shall be kept in all of the schools of the district and to keep the said schools open and free to all persons over five years of age, residents of the district;

(i) To establish and maintain or continue a library or art museum for the public schools of the district, if it shall deem it advisable to do so, and to provide for its care and management. For this purpose said board of education may appoint librarians and hire other employes for such library or museum and fix their salaries, may purchase such books and apparatus as may be necessary, and may include in the general budget for the purpose of the schools such sums as may be necessary for buildings for, and for the maintenance and support of, any library or art museum established, and such board of education may appoint a board of library commissioners of not to exceed seven persons. Such library board shall have control and direction of the public library or libraries in such district subject to the approval of the board of education therein, and shall keep a correct record of its proceedings. All moneys for any such libraries including the fines devoted by law to the maintenance of district or school libraries in such district, which when collected shall be paid to the treasurer of the board of education therein, shall be kept by said treasurer and paid out by him on the order of the board of library commissioners approved by the secretary of the board of education;

(j) To provide for the taking of a school census as required by law;

(k) To make an annual report to the superintendent of public instruction at such time and in such form as he may prescribe;

(1) To adopt if it shall deem it advisable, civil service rules for the appointment of teachers who have satisfactorily served a probationary period of not less than three years in the schools of said district;

(m) To contract with, appoint and employ a suitable person, not a member of said board, who shall be a college graduate or have educational qualifications equivalent thereto, as superintendent of the public schools under the control of the board, who shall hold his office for a term fixed by the board and not to exceed five years, and shall have the same powers and duties as the superintendent of a graded school district under the laws of this state;

(n) To appoint, in its discretion, a business manager for the school district and fix his term of office;

(0) To make an estimate annually on a day to be determined by the board of the amount of taxes deemed necessary for the ensuing year for the purpose of expenditure within the power of the board, which estimate shall specify the

Proviso.

When general
laws to
govern.

Acts repealed.

Referendum.

When submitted.

amounts required for the different objects, and to report the same as the regular school tax levy for such district to the proper assessing officer or officers, who shall apportion the school taxes in the district in the same manner as the other taxes of the city, village or township are apportioned, and the amount so apportioned shall be assessed, levied, collected and returned for each portion of the district in the same manner as the taxes of the city, village or township including such portion of the district: Provided, That no greater sum than eighteen mills on the dollar shall be levied in any one year for all purposes within the power of the board; and provided in all school districts hereunder in cities having a board of estimates the amount shall be approved by such board of estimates before levy shall be made;

(p) To certify to the treasurer of the district for payment out of the school funds thereof all claims and demands against the board or district, which shall be allowed by the board under such rules and regulations as it may establish;

(q) To print and publish immediately after each meeting in such manner as the board shall decide all proceedings of the board at such meeting and to make and publish annually, at the end of the fiscal year, in some daily or weekly newspaper of general circulation in said district, either separately or in connection with the report or reports of the city, village or township in which the said district or the greater part thereof is situated, a complete report of all its receipts and expenditures;

(r) And in general to do anything not inconsistent with this act which is necessary for the proper establishment, maintenance, management and carrying on of the public schools of such district.

Am. 1923, Act 185.

(388) SEC. 24. In all matters pertaining to the public schools not provided for in this act the general school laws of the state shall govern and be in effect.

(389) SEC. 25. From and after the time when this act shall go into effect according to its terms all acts or parts of acts whether local, special or general, in any wise contravening any of the provisions of this act shall be repealed.

(390) SEC. 26. The foregoing provisions of this act shall not take effect in any school district having a population which brings it within the classification provided for by this act until approved by a majority of the school electors of such district voting thereon at an election at which the question of the adoption of this act for that district is properly submitted. At some regular annual school election within three calendar years after the passage of this act, in each school district having a population of five hundred or more and less than seventy-five thousand, ascertained in the manner herein before provided, the question of the adoption of this act for said district shall be submitted by the proper officers to the school electors of said district. In each district

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which shall thereafter attain a population of five hundred or more and less than seventy-five thousand ascertained in the same manner, the question of the adoption of this act for such district shall be submitted to the school electors thereof at the annual school election following the attainment of such a population, ascertained as herein before provided. In any district having the population described the question Resubmission. of the adoption of this act for such district shall be resubmitted to the school electors thereof at the next annual election whenever a petition asking for such resubmission at the next annual election of the district, signed by at least fifteen per cent of the school electors thereof, shall be filed with the election commissioners of the district at least thirty days before such meeting or election. The vote upon the Form of question shall be by ballot which shall be in substantially the following form:

"Vote on proposition to adopt the act classifying school districts having a population of five hundred or more and less than seventy-five thousand, as districts of the third and fourth classes, and providing for the government, control and administration of such school districts and the schools therein.

"Make a cross in' the appropriate square below.

"Shall the act classifying school districts having a population of five hundred or more and less than seventy-five thousand as districts of the third and fourth classes, and providing for the government, control and administration of such school districts and the schools therein be adopted. "Yes ().

"No ().

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ballot.

Such ballots shall be furnished by the board of education How of any district in which the vote is taken, and shall be de- furnished. posited in a ballot box provided for that purpose in each voting precinct of the district. Such ballots shall be cast, and How cancanvassed and the results of the election certified in each vassed, etc. school district in the same manner as are ballots on any school question submitted to the school electors of such district. If the majority of the qualified school electors of any district vote in favor of the adoption of this act, then the provisions hereof shall be in full force and effect in such district and not otherwise.

force.

(391) SEC. 27. The laws governing the public schools in Laws conany district having the population provided for herein in tinued in force therein at the time of the adoption of this act by the electors of such district shall continue in force and the board of education of said district as provided for in such laws shall continue to act as the board of education therefor, until a new board shall be elected and organized as herein pro- Until new vided, after which time the board of education as heretofore constituted in such district shall turn over to the new board of education, elected under this act, all the property, books, records, material, money and effects belonging to such school

board elected.

district, and thereafter the board provided for by this act and its successors shall be responsible therefor.

Powers of

An Act relative to free schools of cities having a population of two hundred fifty thousand or over, and comprising a single school district.

[Act 65, P. A. 1919.]

The People of the State of Michigan enact:

(392) SECTION 1. The board of education of any city school boards. having a population of two hundred fifty thousand or over, comprising a single school district, may exercise any power herein stated, and shall have such rights as are herein given, and shall be governed hereby with respect to things herein stated, notwithstanding the provisions of any general law or special act to the contrary.

Members, how nominated.

Boundaries of district.

Proviso,

facilities for outsiders.

Liability of divided district.

(393) SEC. 2. Its members shall be nominated as shall be provided by law for the nomination of officers of the city. (394) SEC. 3. Its boundaries are hereby made and shall be co-extensive with the boundaries of the city and any change in the latter shall automatically work the same change in the former: Provided, however, If in the annexation to the city of a portion of an adjoining school district, the remainder shall be without school facilities, it shall furnish school facilities to such remainder, on being paid therefor a sum of money equal to the amount such remainder would raise in taxes for school purposes, if such remainder was a part of the city's school district. It shall assume and pay the debts and liabilities of the district thus divided. It shall take possession of the sinking fund, if any exists, of the district thus divided. It shall take and have the right to collect all unpaid school taxes of the portion of the district taken. It shall take, based on the last school census, such part of the primary school money unexpended and in the treasury of the district, thus divided, as the number of children of school age in the portion taken bears to the number of children of school age, in the whole district thus divided. It shall take and receive such portion of the unexpended school taxes collected and in the treasury of the district thus divided, as the assessed value of the portion taken bears to the whole district thus divided. In other cases, it shall have no obligation or responsibility towards the remainder or Title to school portion of district not annexed. It shall have title to all public school property within its boundaries and in any addition thereto, whether by law or by annexation proceedings, title to any of the public school property in the portion added or taken, shall pass to it.

Primary school money.

property.

Annual budget.

(395) SEC. 4. Its annual budget shall be prepared at the same time and in the same way, as the city's budget, and

shall be submitted to and considered by the same board or officers.

(396)

SEC. 5. Its fiscal year shall be identical with that Fiscal year. of the city.

etc.

(397) SEC. 6. It may authorize a contract for work or Contracts services before the money is available, if an appropriation or for work, an authorization of bonds has been made for it and may, after an appropriation or an authorization of bonds has been made, authorize its financial officers to borrow, on the best terms obtainable on the credit of such appropriation or authorization of bonds, any sums necessary to make any payments demanded by said contracts.

for pupils.

(398) SEC. 7. It may sell meals to the pupils, but not at a Cafeteria financial loss to the district. It may make a contract for this privilege for a period of not more than three years, or it may engage directly in the business.

(399) SEC. 8. It may use and may take, without restric- Gifts of tion as to location or amount, land by gift or devise.

land.

employes.

(400) SEC. 9. It shall have full power over its employes, Powers may specify the duties to be performed by them, and fix the relative to qualifications necessary for any position, notwithstanding any general or special law to the contrary.

(401) SEC. 10. It may establish, maintain and conduct a Truant parental or truant school for the purpose of affording a place school. of confinement, discipline, instruction and maintenance of children of the city of compulsory school age, who may be committed thereto by a court of competent jurisdiction, or admitted thereto on the recommendation of such judge with the consent of their parents or guardians. It shall give no religious instruction in such school, nor shall it furnish clothing to any child and no child shall be committed or admitted thereto who has ever been convicted of any offense, punishable by confinement in any penal institution.

(402) SEC. 11. Whenever it or its financial officers at- Unsold bonds, tempt to sell bonds, the proceeds of which are to be used for validity of. school purposes and the bonds are not sold, all the proceedings which do not affect or bear upon the objection, or disability which rendered the sale impossible, shall be valid and effectual and may be used to support a subsequent sale, when the objection or disability has been removed.

bonds, etc.

(403) SEC. 12. Bonds for the purpose of the schools may Rate of be issued as herein and as otherwise heretofore provided, but interest on shall bear interest at a rate not exceeding six per centum per annum; they may be issued serially or all made to mature at a fixed time. If the latter, a sinking fund shall be created to sinking provide for their payment, but if the city has a sinking fund, fund. and by custom or law the debt of the school district has been provided for by the city's sinking fund, this may be continued and all of said city officers charged with this duty are for this purpose ex-officio made the officers of the school district. Am. 1921, Act 72.

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