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missioner, and be not less than four and one-half inches thick after thorough rolling, and a top course consisting of a layer of crushed stone which shall be not less than three and one-half inches thick after being thoroughly rolled and properly bonded: Provided, That both shoulders and metaled track shall be properly crowned to shed water quickly to the side ditches, shall merit, if approved by the state highway commissioner, a reward or aid from the state amounting to ten per cent of the cost of such road up to but in no case shall the reward or aid exceed two thousand dollars a mile; (e) Every mile of well graded road on which the steepest incline shall not exceed six per centum, except where found impracticable and a steeper grade is recommended after examination by the state highway commissioner, and the width of which shall not be less than twenty feet between side ditches; and which shall be properly drained, and have a wagon way or travel track not less than nine feet wide of well compacted macadam not less than seven inches thick laid in two course of crushed stone with or without bituminous binder: Provided, That the bottom course may be of blast furnace slag, each to be properly bonded, with stone screenings, asphalt, bitumen, or other cement approved by the state highway commissioner, and thoroughly rolled: Provided, however, That both shoulders and metaled track shall be properly crowned so as to shed water quickly to the side ditches, shall merit, if approved by the state highway commissioner, a reward or aid from the state amounting to ten per cent of the cost of such road up to but in no case shall the reward or aid exceed two thousand dollars a mile; (f) Every mile of well graded road on which the steepest incline shall not exceed six per centum, and the width of which shall be not less than twenty-four feet between side ditches, and which shall be properly drained, and have a wagon way or travel track not less than nine feet wide, and which shall consist of properly laid bituminous concrete or cement-concrete, or such combination of these materials as may be specified, not less than six inches in depth or bituminous concrete of not less than three inches compacted depth laid on a macadam base of not less than five inches compacted depth, in accordance with specifications approved by the state highway commissioner: Provided, That the cement shall be required to meet the standard tests in force of the American society of civil engineers, and that the other ingredients, the manner of laying and the kind of inspection employed shall be made to comply with specifications made by, or approved by the state highway commissioner, shall merit if approved by the state highway commissioner a reward or aid from the state amounting to ten per cent of the cost of such road up to but in no case shall the reward or aid exceed three thousand dollars a mile;

(g) Every mile of well graded road on which the steepest incline shall not exceed six per centum, and the width of

which shall be not less than twenty-four feet between side ditches, and which shall be properly drained, and have a wagon way or travel track not less than nine feet wide in the clear between curbs and which shall consist of a paving brick surface laid on sand, gravel, broken stone, slag or concrete: Provided, however, That the quality of brick, man- Proviso. ner of laying and the kind of inspection employed shall be made to comply with the specifications made by, or approved by the state highway commissioner, shall merit, if approved by the state highway commissioner, a reward or aid from the state amounting to ten per cent of the cost of such road up to but in no case shall the reward or aid exceed three thousand dollars a mile: Provided, however, That in no case Proviso. shall the amount of the state aid or state reward to be paid be computed on an amount greater than the bid made by the lowest responsible bidder for the improvement of the road. In any case where no bid is received state aid or reward shall not be computed on a sum greater than the state highway commissioner's estimate of the cost of constructing or improving the road.

Approved May 15, 1923.

[No. 185.]

AN ACT to amend section twenty-three of act number one hundred sixty-six of the public acts of nineteen hundred seventeen, as amended, entitled "An act to classify all school districts, now in existence or hereafter created, which shall have a population of five hundred or more and less than seventy-five thousand as districts of the third or fourth classes; to provide for the government, control and administration of such school districts and the schools therein through boards of education; to provide for the manner of nomination and election of such boards and their powers and duties; and to repeal all general or special laws that conflict with the provisions of this act."

The People of the State of Michigan enact:

amended.

SECTION 1. Section twenty-three of act number one hun- Section dred sixty-six of the public acts of nineteen hundred seventeen, as amended, entitled "An act to classify all school districts, now in existence or hereafter created, which shall have a population of five hundred or more and less than seventy-five thousand as districts of the third or fourth classes; to provide for the government, control and administration. of such school districts and the schools therein through boards of education; to provide for the manner of nomina

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tion and election of such boards and their powers and duties; and to repeal all general or special laws that conflict with the provisions of this act," is hereby amended to read as follows:

SEC. 23. The board of education of any school district of the third class hereunder shall have the following powers and duties:

(a) To locate, acquire, purchase or lease in the name of the district such site or sites for schoolhouses, libraries, agricultural farms, athletic fields and play grounds as may be necessary, to purchase, lease, acquire, erect or build such building for school or library or for use in connection with agricultural farms, athletic fields and play grounds, as may be necessary, to pay for the same out of the funds of the district provided for that purpose, to sell any real or personal property of the district which is no longer required thereby for school purposes and to give proper deeds, bills of sale or other instruments passing title to the same;

(b) To institute and maintain proceedings in the proper court for the condemnation of private property for public use for all purposes for which said board is authorized by law to acquire and hold property, when said board shall have first declared the taking necessary for such use and that the same is for the use and benefit of the public. When the board shall have made such declaration such condemnation proceedings shall be instituted and conducted in the court specified and in the manner provided by the general laws of the state relating to the condemnation of private property for public use;

(c) To establish and carry on such grades, schools and departments or courses of study as it shall deem necessary or desirable for the maintenance and improvement of public education;

(d) To establish, equip and maintain agricultural, trade and other vocational schools and, if deemed necessary by such board, to acquire land outside the limits of the said school district therefor, and to have general control thereover for school purposes;

(e) To borrow for temporary school purposes such sum or sums of money and on such terms as it may deem desirable and to give notes of the district therefor: Provided, That no such loan shall be made for any sum which together with the total amount of any outstanding loan or loans for such purposes shall exceed the sum of ten dollars per capita of the school population of the district;

(f) To borrow such sum or sums of money as it may deem necessary to purchase sites for buildings, play grounds, athletic fields or agricultural farms and to purchase or erect and equip any building or buildings which it is authorized to purchase and erect, or to make any permanent improvement which it is authorized to make, and to accomplish this by the issue and sale of bonds of such school district in such

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form or on such terms as the board may deem advisable, or by any other reasonable means: Provided, That no loan shall Proviso. be made and no bonds shall be issued for a longer term than twenty years nor for any sum which together with the total outstanding indebtedness of the district shall exceed two per cent on the assessed valuation of the taxable property within such district unless the proposition of making such loan or of issuing bonds shall have been submitted first to a vote of the school electors of the district at a general or special school election and approved by a majority of the electors actually voting on the same, in which event loans may be made or bonds may be issued for the purposes hereinbefore set forth in an amount which together with the total outstanding indebtedness of the district shall not exceed five per cent on the assessed valuation of the taxable property within the district;

(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

power of the board, which estimate shall specify the 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 Proviso. 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.

Approved May 15, 1923.

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