Who eligible. How nominated. Ballot. Vacancy, how filled. of 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 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 eligible to be chosen as a board member, and, if duly registered 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 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 signatures shall constitute a valid nomination. At the same time and in the same general manner provided with reference to city 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 by separate ballot in a separate box, but at the same time and place as the city election and shall be conducted by the same inspectors, canvassed, reported, considered and treated as a part of such city election in all particulars not otherwise specified. Voting, or attempting to vote for board members at such election by one not legally entitled 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 city election. SEC. 11. If any person elected fails to take oath of office within ten days after service of notice of his election, or if a vacancy occurs as provided in the general school laws, such vacancy shall be filled by election from such district by a majority of the remaining members of the board for the unexpired 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 therof, found guilty of wilful 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. 13. The officers of the board shall be president, vice- Officers. president, secretary and treasurer. The treasurer shall be either the city treasurer or a member of the board. The city treasurer, upon request of the board, shall be ex-officio treasurer of the board. The secretary and treasurer may be selected from members of the board of education, and if so selected shall serve without compensation and shall be elected annually in the same manner and at the same time as the president and vice-president. The president, vice-president, Duties of. secretary and treasurer, when so selected from the board, shall perform such duties as shall be prescribed by the bylaws, 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 and with such sureties 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, upon request of the board of education, shall be the legal adviser of said board and represent it in all litigations. The board shall require from its treasurer a separate bond to protect the separate funds of the board. Interest upon such separate funds shall be the property of the school district. advisory estimate. SEC. 16. The city commission, common council or other School tax legislative body of the city shall at the time of electing or board." appointing its other officers, appoint three citizens, who shall serve without compensation, and who shall constitute what shall be known as the school tax advisory board. The three appointed in the first instance shall hold respectively for one, two and three years, the term of each to be determined by lot, and thereafter said legislative body shall annually appoint or elect one member of said board to serve for a period of three years. The board of education shall annually on or before Annual the first Monday in March in each year, make an estimate of the amount of taxes deemed necessary for the ensuing year for all purposes within the power of said board, which esti mate shall specify the amounts required for the different objects, and transmit the same to said school advisory tax board. Said board shall investigate the same and to that end Hearing. may have public hearings, meetings with the board of education, and access to any and all records, deemed by them material, of said board of education, as bearing upon the estimated amount of said tax. And said advisory tax board Recomshall report back to said school board. for ratification, amend report of. ment or rejection, on or before the second Monday in April in each year, their recommendations in regard to said proposed tax budget, which recommendations shall be in writing and shall specify approval of the budget as framed by the board of education or disapproval of such specific items as may be mendations, Review of tax. Report of tax neces sary. Proviso. May borrow money. Approval. pointed out. Said board of education shall thereupon review the proposed tax and the recommendations of the tax advisory board thereon, and shall adopt the tax budget as amended by said advisory board or if in the opinion of the board of education, the recommendations of said advisory board or any of such recommendations are not advisable, they shall enter upon their minutes disapproval of such specific recommendations and shall on or before the first Monday in May pass said tax budget with or without adoption of the recommendation of the advisory board, as said board of education may determine. On or before the second Monday in May the secretary of the board shall make to the assessing officers of said city, a written report of the amount of taxes so deemed necessary and approved or standing approved by said board of education, and the assessing officers shall apportion said amount, and the same shall be levied, assessed, collected and returned the same as other city taxes. No greater sum than nine mills on the dollar shall be levied for general school purposes in any one year. For purchasing school lots, erecting school houses and other buildings, and equipping the same, and paying school bonds and the interest thereon, no greater sum than six mills on the dollar in addition to the tax for general school purposes shall be levied in one year: Provided, That any city school district having a population that brings it within the provisions of this act and having a valuation of more than one hundred sixty millions of dollars and less than two hundred fifty millions of dollars may levy a sum not to exceed ten mills on a dollar for general school purposes in any one year, and it may levy in any one year for the purchasing of school lots, erecting schoolhouses and other buildings and equipping the same and paying school bonds and the interest thereon, no greater sum than ten mills on the dollar, in addition to the tax for general school purposes. SEC. 17. The board may from time to time, on such terms as it may deem proper, borrow for temporary school purposes not to exceed the amount of unpaid, voted taxes, and, in case of an emergency, the board may borrow in addition thereto an amount not to exceed one-half mill on the assessed valuation of the school district and may give the note or bond of the board therefor, which shall be paid from the first school moneys collected thereafter. For the purpose of purchasing sites, erecting school houses and other buildings, and for equipping the same, the board may borrow such sums of money as it may deem necessary and may issue and sell its bonds therefor upon such rates of interest and for such time and in such amount as it may think proper, and in such form and with such bonds and coupons signed and countersigned in such manner as it may by resolution direct, but the action of the board authorizing such loan shall first be submitted to the common council, city commission or other legislative body of the city or to the school electors of the district for approval, and no such issue of bonds shall be valid unless the proposal to issue the same shall have been approved by a majority vote of the members elect of the common council, city commission or legislative body of the city, or be approved by a majority vote of the school electors of such city district voting thereon at any election at which the question of approving such an issue of school bonds shall be submitted to them by the said board. Except as otherwise provided in this act, school districts operating under this act shall be governed by act number two hundred seventy-three of the public acts of nineteen hundred twenty-five. lowance of. SEC. 18. If the city treasurer is made ex-officio treasurer of Claims, althe board of education, all demands and claims against the board shall be allowed under such rules and regulations as it may establish, and shall thereupon be certified to the city comptroller, or other auditing department of the city, for payment. Payment of the same shall be made by the city treasurer out of the funds of the board in the same manner, as near as may be, as claims against the city are paid out of the general city treasury. If a member of the board, and not the city treasurer, is treasurer of the board, then payment of claims and demands against the board shall be made under such rules and regulations as the board of education may from time to time establish, and in such case the board of education shall make provision for and shall require a monthly audit of such treasurer's books, claims and accounts. chase, etc., SEC. 24. The board of education shall have full power and May purauthority to locate, purchase or lease, in the name of the dis- sites. trict, such site or sites for schoolhouses, administration buildings, agricultural sites, athletic fields and playgrounds as may be necessary out of the funds provided for that purpose, and may make sale of any site or other property of the district which is no longer required for school purposes, and may also establish, equip and maintain agricultural, trade and other vocational schools, and if deemed necessary by such board may acquire land for such purpose outside the district limits: Provided, however, That no land outside of said Proviso. school district shall be acquired unless approved of by a unanimous vote of all the members-elect of said board of education. This act is ordered to take immediate effect. Section amended. Orders, by whom drawn. Proviso. When payable. Further proviso. [No. 80.] AN ACT to amend section four of chapter nine of act number three hundred sixteen of the public acts of nineteen hundred twenty-three, entitled "An act to codify and add to the laws relating to the laying out of drainage districts, the construction and maintenance of drains, the assessment and collection of taxes therefor; to prescribe penalties for violations of certain provisions of this act; and to repeal certain acts relating to drains," as amended by act number three hundred sixty-five of the public acts of nineteen hundred twenty-five. The People of the State of Michigan enact: SECTION 1. Section four of chapter nine of act number three hundred sixteen of the public acts of nineteen hundred twenty-three, entitled "An act to codify and add to the laws relating to the laying out of drainage districts, the construction and maintenance of drains, the assessment and collection of taxes therefor; to prescribe penalties for violations of certain provisions of this act; and to repeal certain acts relating to drains," as amended by act number three hundred sixty-five of the public acts of nineteen hundred twenty-five, is hereby amended to read as follows: CHAPTER IX SEC. 4. All orders for the payment for services rendered and work performed shall be drawn by the commissioner upon the drain fund of each particular drain. In case of taxes assessed for benefits received which are to be paid in three annual installments or less, all orders for the payment for lands for right of way shall be paid out of the first year's taxes, and the balance of such first year's taxes, if any, shall be applied pro rata among the several contractors in the payment of the contracts for the construction of such drain. For the balance due upon such contracts the commissioner shall draw orders payable out of each succeeding year's assessment, pro rata among the several contractors: Provided, That no commissioner shall draw orders payable in any one year for a larger amount than said year's assessment, except in cases where bonds are issued and sold as provided by law. All drain orders shall be drawn payable on the fifteenth day of March of the year in which the drain taxes for the payment thereof are required to be paid: Provided further, That the holder of such order issued subsequent to August eighteenth, nineteen hundred twenty-one, may if he so desires have the right to require payment thereof out of any moneys in the general fund of the county treasury that may be available. If the drain fund is insufficient for such purpose because of |