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to perform the duties of said office of secretary, and he shall thereupon be ex officio secretary of said board.
SEC. 13. It shall be the duty of the board of education to Board to subtransmit to the common council through the city controller, to councu. on or before the first day of February in each year, or at such other time as the common council may by ordinance prescribe for the submission of annual estimates, an estimate of the amount of money which said board may deem necessary for the proper maintenance of the public schools of the city during the fiscal year next ensuing, which estimate shald, so far as practicable, be made in detail, specifying the amounts required for salaries of teachers and other employes of the board, repairs, fuel, supplies and general current expenses, all of which Maintenance estimates shall be classified as the "Maintenance fund.” The said board shall, at the same time, transmit such estimates as it shall deem necessary for the purchase of lots, the erection and remodeling of school buildings together with the neces. sary fixtures and furniture therefor and for other improvements to school buildings and grounds, which estimates shall state in detail the purpose for which appropriations are desired, all of which estimates shall be classified as the “Build. Building fund. ing fund.” So much of said estimates as the common council and board of estimates of the city of Detroit shall approve shall be levied and collected the same as other city taxes; and it shall be unlawful for said board of education to pay out or agree to pay out any moneys for any item or items disallowed by said common council or board of estimates: Provided, Proviso. however, That the amount so approved for the maintenance fund shall not be less than the sum of five dollars for every child in the city between the age of five and twenty years, as the number thereof may have been ascertained by the last school census: Provided further, That the common council, Proviso as to with the consent of the board of estimates, may cause the whole or any part of the appropriation for the purchase of lots and the erection of school buildings to be made by issue of bonds in lieu of raising the same by taxation; said bonds shall be issued in the name of the city of Detroit in the same manner as are other city bonds, shall be for a period of not more than thirty years, and shall bear interest at a rate not exceeding four per cent per annum. Moneys shall not be transferred from either the maintenance fund or building fund to the other fund or used for the purpose thereof.
Sec. 14. The city treasurer shall be the custodian of all Who to have moneys belonging to the board of education, and the same moneys. when received or collected or be payable by any other officer, shall be paid to him, and be deposited by him to the credit of the fund of the board of education to which the same properly belongs. The city treasurer and city controller, before enter- Board may ing upon the duties of their respective offices, may be required tain officers
require cerby the said board of education to file with its secretary bonds to give bonds. with a responsible surety company as surety, and approved by said board, in sums of not to exceed one hundred thousand
issue of bonds.
ted to controller,
When board to approve bills.
dollars and twenty-five thousand dollars respectively, for the faithful performance of their duties; with respect to the care, custody and disbursement of moneys raised or received for
school purposes as provided by this act. The expense of such tc, to bonds shall be a charge against said board. On and after July be transmit
first, nineteen hundred three, all pay-rolls, bills, accounts and claims of every character against the board, after having been duly audited and approved by said board, the certificate of which audit and approval, and the date thereof, shall be endorsed thereon by the president and secretary of said board, and the payment thereof approved by the mayor, shall be transmitted to the city controller. It shall be the duty of the controller to carefully examine and verify all vouchers so transmitted, and if he finds the same to be correct, to draw his warrant on the city treasurer therefor, at the same time charging the appropriations from which the same are payable with the amount thereof. No bill, account or claim shall be audited or approved by said board unless the same shall be acconpanied 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 board, that the 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. It shall be unlawful for the controller to draw his warrant upon any appropriation on account of said board when the same shall have been already exhausted by warrants previously drawn on account thereof.
SEC. 17. Before any contract entered into by said board tracts invalid.
for the purchase of any real estate, erection, remodeling or repair of any building, or for any other work, shall be valid or binding upon said board, there shall be endorsed thereon by the city controller a certificate that the money proposed
to be expended under said contract is actually in the treasury Proviso. or that an appropriation has been made therefor: Provided,
That no contracts so submitted shall be certified by the con-
This act is ordered to take immediate effect.
AN ACT to amend sections four, seventeen, twenty-one, thirty,
thirty-nine, eighty-nine, one hundred six, one hundred fifty. six and two hundred thirteen of act number four hundred forty-eight of the Local Acts of eighteen hundred and ninety. seven, entitled “An act to revise and amend act number three hundred and forty-six of the Local Acts of eighteen hundred and eighty-one, entitled 'An act to revise an act to incorporate the city of Bay City,' approved March thirtieth, eighteen hundred and eighty-one, as amended and revised by the several acts amendatory and revisionary thereof,” approved May twenty-ninth, eighteen hundred and ninetyseven, as amended and revised by the several acts amendatory and revisionary thereof, and to repeal all acts and parts of acts inconsistent herewith.
office, etc., of aldermen
The People of the State of Michigan enact: SECTION 1. Sections four, seventeen, twenty-one, thirty, Sections thirty-nine, eighty-nine, one hundred six, one hundred fifty-six and two hundred thirteen of act number four hundred fortyeight of the Local Acts of eighteen hundred and ninety-seven, entitled “An act to revise and amend act number three hundred and forty-six of the Local Acts of eighteen hundred and eighty-one, entitled “An act to revise an act to incorporate the city of Bay City,' approved March thirtieth, eighteen hundred and eighty-one, as amended and revised by the several acts amendatory and revisionary thereof," approved May twentyninth, eighteen hundred and ninety-seven, as amended and revised by the several acts amendatory and revisionary thereof, are hereby amended so as to read as follows:
Sec. 4. At the annual election after the passage of this act, Term of and at each annual election thereafter, there shall be elected one alderman in each ward of said city by the electors thereof, voting in their several wards, who shall hold his office for two years. There shall also be elected annually in each ward, by Constables. the electors thereof, one constable, who shall hold his office for one year. At the annual charter election in April, nineteen Mayor, treashundred three, and every two years thereafter, there shall be urer and
supervisors. elected by the qualified electors of said city, one mayor and one treasurer on the general city ticket, and in each ward, by the qualified electors thereof, one supervisor, each of whom shall hold his office for the term of two years. Each of said supervisors shall be the supervisor of the ward for which he was elected, with all the powers of the supervisors of town. ships in this State, and subject in all respects to the provi. sions of law regulating the duties of township supervisors, except as herein otherwise provided. At said annual charter Comptroller. election in April, nineteen hundred one, and every four years thereafter, there shall be elected one comptroller, who shall hold his office for four years. At said annual charter election in Justice of April, nineteen hundred one, and every two years thereafter peace.
there shall be elected one comptroller, who shall hold his office for four years. Justices of the peace for said city shall have the same jurisdiction and power, perform the same duties and be subject to the same liabilities as justices of the peace of the townships in this State, except as herein otherwise provided. The term of office of said justice of the peace shall commence when elected and qualified. Each of the officers men
tioned in this section shall continue in office until his sucEligibility,
cessor is elected and shall have qualified. No person shall be eligible for election to, or hold the office of mayor, who is holding any judicial office, or who is holding any State or county office for which a stipulated annual salary is paid or received. The treasurer shall be eligible for election twice in succession. The aldermen shall receive for their services as a full compensation the sum of two dollars for each session when actually in attendance. No person shall be eligible to any elective office who is not an elector of the said city; and no person shall be eligible to any ward office who is not an elector of such ward.
Sec. 17. The council shall have power to appoint a city tain officers, attorney, a street commissioner, a city engineer, and such other
officers whose election is not especially provided for in this charter, as it may deem necessary to carry into effect the powers in said charter contained : Provided, That in case of a tie vote by the council on a vote of all the aldermen elect in any of such appointments, the mayor shall have a right to vote. Any person appointed to any office or position, whether upon the nomination of the mayor or otherwise, may be removed
therefrom by the council upon a vote of two-thirds of all the May remove members elect voting therefor. Any person holding office by certain.
election, except the mayor, recorder, police justice and justices of the peace, may be removed therefrom by the council for corrupt or wilful malfeasance or misfeasance in office, or for wilful neglect of the duties of his office, or for any violation
of any of the ordinances of the council, by a two-thirds vote of What deemed all the aldermen elect. It shall be deemed sufficient cause for
removal or dismissal in the manner aforesaid, from his office or position of any elected or appointed officer, agent or employee, when he shall refuse and neglect to pay or secure the payment of any just debt or obligation, contracted during his term of office or employment, when the city shall be more than twice made a garnishee defendant to obtain payment therefor by the creditor thereof. In every case the reason for removal shall be entered in the records of the council, with the names and the votes of the members voting on the question. No officer or appointee of the council shall be removed by the council, unless first furnished with a copy of the charges and accusations preferred against him, in writing, and allowed to
be heard in his defense with the aid of counsel, if the accused Council may shall so desire. The council shall have power to issue subwitnesses.
pænas, under the hand of the mayor or its chairman, to compel the attendance of witnesses and the production of papers, and
cause for removal.
Omcer to receive copy of charges.
shall proceed within twenty days after the service of a copy of the charges to hear and determine the same. If such officer shall neglect to appear and answer such charges, his default shall be deemed good cause for removal.
Sec. 21. The common council, in addition to the powers Powers of and duties specially conferred upon it in this act, shall have the management and control of the finances, rights and interests, buildings and all property, real and personal, belonging to the city, and may make such orders and by-laws relating to the same as it shall deem proper and necessary: And fur. May pass ther, it shall have power within said city to enact, make, continue, establish, modify, amend and repeal such ordinances, by-laws and regulations as it may deem desirable, within said city for the following purposes: First, To provide for and preserve the purity and salubrity To preserve
purity, etc., of of the waters of the Saginaw river; to prohibit and prevent Saginaw river. the deposit therein of any filthy and other matter, tending to render said water impure, unwholesome or offensive. To preserve and regulate the navigation of said river, and other navi. gable waters within the limits of said city; to prohibit and prevent the depositing or keeping therein of any structure, earth or substance tending to obstruct or impair the navigation thereof, and remove all obstructions that may at any time occur therein, and to direct and regulate the stationing, anchoring, moving, shifting and mooring of vessels, and laying out of cargoes and ballasts from the same, and appoint so many harbor masters as it may deem necessary, and to prescribe their powers, duties and compensation;
Second, To license, continue and regulate so many ferries License and bridges, from within said city to the opposite shore of the Saginaw river, for carrying and transporting passengers and property across said river, in such manner as shall be deemed most conducive to the public good;
Third, To erect, repair and regulate public wharves and Regulate docks at the ends of streets, and on the property of the corpo- docks, etc. ration; to regulate the erection and repair of private wharves and docks, so that they shall not extend into the Saginaw river beyond a certain line, to be established by the council, and to prohibit the encumbering of all public wharves and docks with boxes, carriages, carts, sleighs, sleds or other vehicles, dray or anything whatsoever; to lease the wharves and wharfing privileges, at the ends of streets, upon such terms and conditions, and under such covenants, and with such remedies, in cases of non-performance, as the council may direct; but no building shall be erected thereon, no lease thereof shall be executed for a longer period than two years, and a free passage at all times for all persons and their baggage shall be maintained;
Fourth, To provide for the draining of any swamp, marsh, Draining of wet or low lands in said city, or within the distance of three swamps: miles therefrom, by the opening of ditches;