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Council may issue bonds.

How designated.

[No. 389.]

AN ACT to authorize Bay City to borrow money and issue its bonds therefor, to defray the expense of construction of local improvements for the year nineteen hundred three, and to provide for the payment of said bonds.

The People of the State of Michigan enact:

SECTION 1. For the purpose of defraying the expense of constructing such pavements, sidewalks or main or lateral sewers as may be ordered by the common council of the city of Bay City, during and for the year nineteen hundred three, in anticipation of the collection of assessments and taxes levied or to be levied for the payment of the costs and expenses thereof, said city is authorized and empowered, by resolution of said common council, to borrow upon its faith and credit, such sum or sums as may be necessary for said purpose, not exceeding fifty thousand dollars, and to issue its bonds therefor. Said bonds shall be designated and endorsed "Nineteen hundred three public improvement bonds," and of the amount thereof, which may be so issued; one-third shall be made payable in four years. one-third in six years and one-third in eight years from the date of issue, and shall bear interest at a rate not exceeding four per cent per annum, payable semi-annually. How disposed Said bonds shall be disposed of under the direction of the common council, but shall not be sold for less than their par value, and all proceeds thereof shall be paid to the city treasurer, and by him placed to the credit of a fund to be known as "Nineteen hundred three public improvement fund." Said bonds shall be paid at maturity, and the common council shall not have power to reissue said bonds, nor issue other bonds for the payment thereof.

of.

When paid.

Assessments

etc.

SEC. 2. Anything herein contained shall not be construed for, how paid, to prevent said city from assessing the costs and expenses of any of said improvements upon the lots and premises specially benefited thereby, according to the benefits derived therefrom, and to be paid or collected, as provided in the charter of said city. All assessments for any of said improvements, the cost of the construction whereof is primarily paid from the proceeds of said bonds, shall be paid to the city treasurer and by him placed to the credit of a fund to be known as "Nineteen hundred three public improvement bond and interest fund." which fund shall be used for the purpose of paying said bonds and interest thereon, and shall not be drawn on or used for any other purpose. Upon maturity of said bonds any deficiency in said fund shall be supplied from the general fund.

Act not to

SEC. 3. This act or any provisions thereof shall not be conaffect charter. strued to conflict with, repeal, supersede or enlarge any of the provisions of the charter of said city, with reference to "local improvement bonds."

This act is ordered to take immediate effect.
Approved April 2, 1903.

[No. 390.]

AN ACT to amend sections one, three and four of an act, entitled "An act to incorporate the Detroit library commission, and to provide means for acquiring land and the construction of public library building or buildings thereon and the maintenance of the same," approved March twenty-ninth, one thousand nine hundred and one.

The People of the State of Michigan enact:

amended.

SECTION 1. Sections one, three and four of an act, entitled Sections "An act to incorporate the Detroit library commission, and to provide means of acquiring land and the construction of public library building or buildings thereon, and the maintenance of the same," approved March twenty-ninth, one thousand nine hundred and one, are hereby amended so as to read as follows:

etc.

SECTION 1. The persons now in office and constituting the Body corpoDetroit library commission are hereby named, constituted and rate, name, continued as a board of commissioners of the Detroit public library, and they, and their successors in office, shall be known by the name of the "Detroit library commission," and in their corporate name are hereby empowered to take and hold by purchase, condemnation, gift, devise, bequest or otherwise, such real and personal property as may be needful or convenient for carrying out the intents and purposes of this act, to make contracts and to establish all reasonable rules and regulations to protect the rights of property vested in the board, and to aid in the performance of the duties imposed upon it. Said May have seal. commission may adopt and have a common seal, may sue and shall be subject to be sued in all courts of record in like cases as natural persons. The property of the Detroit library commission shall be exempt from all taxes and assessments of every kind; no writ of attachment or writ of execution shall be levied upon the property of said board. One member of Members, said Detroit library commission shall be elected annually in elected. the place of the member whose term of office expires in that year, by the board of education of the city of Detroit; vacancies for any cause may be filled at any time by the election by the board of education of a person to fill such vacancy. Members of said Detroit library commission shall not be mem- Powers and bers of the board of education, except in cases hereinafter duties. mentioned, and when elected shall be clothed with all the powers for the management and control of the library now vested in the board of education or present commission. The Term of terms of office of said commissioners elected by the board of office. education shall be six years. The president of the board of education shall be ex officio a member of said commission. Said commission shall have the power to enter into contracts May make for and supervise the construction of any library building or buildings, also to take such action by contract or otherwise as may be necessary to provide for the maintenance of said library

when and how

contracts.

When valid.

Council may provide sinking fund.

Money realized, how used.

Special mill tax.

Bills, etc., of, to whom submitted.

Bills to be accompanied by affidavit.

buildings and library, and may appoint, remove or otherwise control all persons employed in such library, and fix their compensation from time to time, in their discretion, and may appoint such officers as they deem necessary for the purposes of said commission. No contract entered into by said commission shall be valid until there shall have been endorsed thereon the certificate of the controller that the money proposed to be expended thereunder is in the treasury of said city or that an appropriation has been made therefor.

SEC. 3. In order to provide a sinking fund for the redemption of the bonds provided for in the preceding section, the common council shall have power, and it shall be its duty, to raise by taxation in each year, upon the property assessed for city purposes, within said city, a sum equal to two and onehalf per cent of the amount of said bonds issued under the provisions of this act, which sum, when raised, shall be credited to the sinking fund of said city for the purposes aforesaid. The principal realized from the issue and sale of said bonds shall be deposited in the city treasury to the credit of the public library fund, for the purposes herein before mentioned, and shall be applied exclusively to the purpose of acquiring sites and the construction of public library buildings, and the maintenance of public libraries in the city of Detroit. The premium and accrued interest if any, shall be credited to the sinking fund. A special library tax of one-fifth of one mill on the dollar on property assessed for city purposes shall be levied each year with the other city taxes, and the said tax when collected shall be placed to the credit of the public library fund.

SEC. 4. On and after July first, one thousand nine hundred and three, all pay rolls, bills, accounts and claims of every character against the library commission after having been duly audited and approved by said commission, the certificate of which audit and approval shall be endorsed thereon by the president and secretary of said commission, shall be transmitted to the city controller, who shall submit the same to By whom paid. the common council with his approval or disapproval. When said pay rolls, bills, accounts and claims shall have been allowed by the common council, and the payment thereof approved by the mayor, the controller shall draw his warrant or warrants on the city treasurer in payment therefor. No bill. account or claim shall be audited or approved by said commission unless the same shall be accompanied with a sworn affidavit of the person rendering the same that he verily believes the services or property therein charged have been actually performed or delivered for said commission, that the sum [sums] charged therefor are reasonable and just, and that to the best of his knowledge and belief no set-off exists, nor payment has been made on account thereof except such as are included in or referred to in such account. A similar affidavit shall be required upon all pay rolls, said affidavit to be made by the person under whose supervision the services charged have been rendered. This act is ordered to take immediate effect. Approved April 2, 1903.

1

[No. 391.]

AN ACT to amend section nineteen of chapter eleven of an act, entitled "An act to provide a charter for the city of Detroit, and to repeal all acts and parts of acts in conflict therewith," approved June seventh, one thousand eight hundred eighty-three.

The People of the State of Michigan enact:

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amended.

SECTION 1. Section nineteen of chapter eleven of an act, Section entitled "An act to provide a charter for the city of Detroit, and to repeal all acts and parts of acts in conflict therewith,' approved June seventh, eighteen hundred eighty-three, is hereby amended so as to read as follows:

tracts with

void.

required

SEC. 19. No contract or agreement, written or verbal, to When conwhich the corporation shall be a party, or to which any officer corporation or board thereof shall officially be a party, for the construction of any pavement, building, sewer or performance of any public work whatsoever, or contract or agreement, requiring the expenditure, receipt or disposition of money or property, by the corporation or any officer or board thereof, or creating any debt or liability, shall be let, or entered into, either directly or indirectly, with any member of the common council, or other officer of the corporation, either as principal or surety, and any such contract or agreement thus let or entered into shall be absolutely void. Before any contract to which the Certificate corporation shall be a party, or to which any officer or board to make conthereof shall be a party, for the construction or repair of any pavement, sewer, building, or any other public work, shall be valid or binding upon the city of Detroit, there shall be endorsed thereon by the controller, a certificate that the money proposed to be expended under said contract is actually in the treasury or an appropriation made therefor; and it shall be unlawful for the controller to draw his warrant on account of any such contract not containing the certificate herein required: Provided, however, That such certificate shall not Proviso. be required upon contracts for furnishing the city or any of its departments from time to time with printing, stationery, fuel, lumber and other miscellaneous supplies and material as the same may be required.

This act is ordered to take immediate effect.
Approved April 2, 1903.

34

tract valid.

Sections amended.

To be body corporate.

Name.

Board to appoint superintendent of schools.

Proviso.

present in

cumbent.

[No. 392.]

AN ACT to amend sections five, seven, thirteen, fourteen and seventeen of an act, entitled "An act relative to free schools in the city of Detroit," approved February twenty-fourth, one thousand eight hundred sixty-nine, as amended May twenty-third, one thousand eight hundred ninety-three.

The People of the State of Michigan enact:

SECTION 1. Sections five, seven, thirteen, fourteen and seventeen of an act, entitled "An act relative to free schools in the city of Detroit," approved February twenty-fourth, one thousand eight hundred and sixty-nine, as amended May twentythird, one thousand eight hundred ninety-three, are amended so as to read as follows:

SEC. 5. The school inspectors, together with the mayor, controller, treasurer and recorder of said city (who are declared to be ex officio school inspectors, having a right to a seat at the meetings of the board for the purpose of deliberation, but who shall have no vote therein), shall be a body corporate, to be known and distinguished by the name and style of "The Board of Education of the City of Detroit," and in that name may be capable of suing and being sued, and of holding and selling and conveying real and personal property as the interest of said free schools may require.

SEC. 7. The said board shall, at the first regular meeting in July after the passage of this act, and on the first regular meeting in July of every third year thereafter, appoint a suitable person as superintendent of the public schools under their control, who shall hold his office for the term of three years, or until his successor shall be appointed and enter upon the performance of his duties: Provided, That if such appointment shall not be made at the first regular meeting in July, the same may be made at any subsequent regular meeting; but the term of office of the appointee shall commence and date Proviso as to from said first regular meeting in July: And provided further, That the office of the present incumbent shall not be deemed to have been vacated by this act, but he shall hold his office until the first regular meeting in July subsequent to the time when this act shall take effect, or until his successor shall be elected and enter upon the performance of his duties. The superintendent shall receive such salary as shall be fixed by the board: Provided, That the same shall not exceed four thousand dollars per annum. The said board may appoint a Secretary of Secretary of said board, who shall hold his office during the pleasure of said board, or until his office shall otherwise become vacant. The board may prescribe his duties and comProviso as to pensation: Provided, That when the office of secretary and superintendent shall be held by the same person, he shall resecretary are ceive no compensation for his services as secretary. The board, if it deem it expedient, may direct the superintendent

Proviso as to salary.

board.

when super

intendent and

same.

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