liability against the respective districts in a similar manner to that provided for in section three of this chapter. of receipts, SEC. 5. The officers of the districts affected by sections Accounting two, three and four of this chapter shall within ten days etc. after such annexation has taken place account to the city school district for the funds and property in their hands as such officers and shall make a complete accounting to the city school district of all receipts and disbursements occurring since the last annual report made by said district as required by law and a copy of said report shall be filed with the superintendent of public instruction. Upon the receipt by the city district of such funds and property and the filing of such reports, such officers shall be released from liability for such funds and property and their official bonds shall be deemed cancelled. in force. SEC. 6. This chapter shall be in force in all cities having when act the requisite population according to the United States census of nineteen hundred twenty at the date of the taking effect of this chapter and shall be in force in all cities thereafter attaining the requisite population as soon as the superintendent of public instruction (having first ascertained by United States census or by official estimate of the United States census bureau that the city has the requisite population) shall so proclaim. laws to SEC. 7. School districts in cities affected by this chapter General shall be governed in all respects not herein specially provided govern. for by the general school laws of the state from time to time in force. of board. SEC. 8. The board of education shall consist of seven mem- Memberbers elected from the city at large. The terms of office of all ship, etc., school board members in any city district having seven members at the time this chapter goes into effect shall not be in any way affected by this chapter. Any school district having Election of. attained a population of five hundred thousand and having been declared a school district of the first class shall, at the next spring election when judges of the supreme court are required to be elected, proceed to elect a board of education as herein provided. Two members shall be elected to serve for Terms. two years, two members shall be elected to serve for four years, and three members shall be elected to serve for six years. Thereafter at the next election immediately preceding commence. expiration of their respective terms of office their suc- f the city shall be eligible to be chosen as a When district not divided. When divided. Indebtedness, how paid. Proviso. When territory annexed to city. SEC. 2. If no division of a school district is caused by the taking effect of this chapter in any city, all school property shall vest in and be the property of the city school 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 chapter in any city, a school district or districts shall be divided, the school real estate within the city shall vest in and be the property of the city school district. Personal property used in connection with the operation of a school building shall vest in and be the property of the district in which said school building is assigned in accordance with the provisions of this section. All other personal property, cash, taxes levied and uncollected, and other assets shall be apportioned to the school districts affected in proportion to the value of the taxable property assigned to the respective districts by the provisions of this chapter. The indebtedness of districts affected hereby shall be apportioned in the same manner, and each district shall pay its proportion of such indebtedness. Each district affected herein shall assume and perform such legally binding contracts as shall apply to the portion of the district in which the said property is located: Provided, That if the portion assigned to any district shall include school lands or school buildings for which bonds of the district have been issued in the purchase or construction thereof, or other indebtedness created thereby, then, in such case the district receiving the said school lands or school buildings shall be liable for and assume payment of all such bonded or other indebtedness. All primary school or library money either in the hands of the district treasurers of the districts affected, or in the process of apportionment or distribution, shall be divided among the respective school districts in accordance with the number of names upon the school census list residing in the respective portions of the divided district at the time the said census list was compiled. SEC. 4. If after taking effect of this chapter in any city, territory shall be annexed to the city, pursuant to law, such territory, by such annexation shall, on the twenty-first day after certificate of such election, become and be a 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, primary school money, library money and other assets of the divided district shall pass to and be vested in the respective districts in a similar manner to that provided for in section three of this chapter. The indebtedness of the divided district shall pass to and be a liability against the respective districts in a similar manner to that provided for in section three of this chapter. SEC. 5. The officers of the districts affected by sections Accounting two, three and four of this chapter shall within ten days etc. of receipts, after such annexation has taken place account to the city school district for the funds and property in their hands as such officers and shall make a complete accounting to the city school district of all receipts and disbursements occurring since the last annual report made by said district as required by law and a copy of said report shall be filed with the superintendent of public instruction. Upon the receipt by the city district of such funds and property and the filing of such reports, such officers shall be released from liability for such funds and property and their official bonds shall be deemed cancelled. SEC. 6. This chapter shall be in force in all cities having when act the requisite population according to the United States census in force. of nineteen hundred twenty at the date of the taking effect of this chapter and shall be in force in all cities thereafter attaining the requisite population as soon as the superintendent of public instruction (having first ascertained by United States census or by official estimate of the United States census bureau that the city has the requisite population) shall so proclaim. laws to SEC. 7. School districts in cities affected by this chapter General shall be governed in all respects not herein specially provided govern. for by the general school laws of the state from time to time in force. SEC. 8. The board of education shall consist of seven mem- Memberbers elected from the city at large. The terms of office of all ship, etc., of board. school board members in any city district having seven members at the time this chapter goes into effect shall not be in any way affected by this chapter. Any school district having Election of. attained a population of five hundred thousand and having been declared a school district of the first class shall, at the next spring election when judges of the supreme court are required to be elected, proceed to elect a board of education as herein provided. Two members shall be elected to serve for Terms. two years, two members shall be elected to serve for four years, and three members shall be elected to serve for six years. Thereafter at the next election immediately preceding the expiration of their respective terms of office their successors shall be elected to serve for six years. The term of When to office of each member shall commence on the first day of July after his or her election. The names of all candidates who have been duly nominated as herein provided shall be placed on a separate ballot at the election of school inspectors and without their party affiliations designated. The candidate or candidates for the position or places to be filled having the greatest number of votes shall be declared elected. Any qualified elector of the city shall be eligible to be chosen as a board member. Nominations and elections shall be conducted commence. Officials notified of election. Vacancy, how filled. May expel member. Proviso. Board to be body corporate. as nearly as may be as are nominations and elections of city officers of said city. SEC. 9. The city clerk within the time specified for serving notices upon officials elected at a city election shall serve notice of his or her election upon each member of said board elected at said election. On the first day of July in each year unless said first day of July is a Sunday or legal holiday, and then on the second of July in each year, the board shall organize for the ensuing year by electing its officers as herein provided. SEC. 10. If any person elected fails to take oath of office within ten days after service of notice of his or her election or if a vacancy occurs as is provided in the general school law, such vacancy shall be filled by an election by a majority of the remaining members of the board until the next school election as herein provided, when the vacancy shall be filled by an election for the remainder of the term of the former member. SEC. 11. The board of education may, respectively, by vote of two-thirds of all the members thereof, expel or remove from office any of their own members, for corrupt or wilful malfeasance or misfeasance in office, or for wilful neglect of the duties of his or her office, and in such case the reason for such expulsion or removal shall be entered on the records of said board of education with the names and votes of the members voting on the question: Provided, however, That no such member shall be expelled or removed unless he or she shall first be furnished with a copy of such charges laid against such member, which shall be in writing, and also be allowed to be heard in his or her defense, with aid of counsel, and for this purpose the said board of education shall have power to issue subpoenas to compel the attendance of witnesses and the production of papers, and shall proceed within ten days after service of a copy of the charge to hear and determine upon the merits of the case. If such member shall neglect to appear and answer to such charges, his or her failure so to do may be deemed good cause for his or her removal from office. SEC. 12. The said board of education shall be a body corporate under the name and title of "The Board of Education of the City of...... " and under that name may sue and be sued and may take, use, hold, sell, and convey real property without restriction as to location and personal property, including property received by gift, devise, or bequest, as the interest of said schools and the prosperity and welfare of said school district may require. The said board of educa tion 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 board of education chosen pursuant to this chapter 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 corporation of board. of which it is the successor. Said board of education shall Liabilities 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 chapter. Said board of education shall have power to purchase and take by the right of eminent domain all property, erect and maintain all buildings, 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 and for the protection of other property of the school district, and to do anything whatever that may advance the interests of education, the good government and prosperity of the free schools in said city, and the welfare of the public concerning the same, and it shall have authority to adopt by-laws, rules and regulations for its own government and for the control and government of all schools, school property and pupils. If property is sought to be taken by eminent domain, such proceedings may be brought, under the terms of act one hundred forty-nine of the public acts of nineteen hundred eleven, as amended, or any other appropriate state law. of board. SEC. 13. The officers of the board shall be a president, Officers vice-president, secretary and treasurer. The city treasurer shall be ex-officio treasurer and the city controller shall be exofficio controller of said board with the duties hereinafter set forth, but without power to vote. The board, a majority of which shall constitute a quorum, shall elect its president and vice-president annually from among the members of the board. The secretary shall be elected by the board but shall not be a member thereof and shall receive such salary as may be fixed by the said 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 premium on such bonds shall be paid from the funds of the said 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 chapter specified. All funds shall be deposited with Funds, deposit of. the same depositories as are selected by the properly constituted authorities for the deposit of city funds and the interest derived therefrom unless otherwise herein appropriated shall be paid into and become a part of the maintenance fund of the board. The board shall require from the city treasurer a separate bond of not less than one hundred thousand dollars and from the city controller a separate bond of not less than twenty-five thousand dollars to protect the separate funds 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 when held. |