returned to box, locked, sealed, and deposited with secre Ballots to be ballots shall, when the vote shall have been declared, be returned to the box, and the box be locked and sealed and deposited with the secretary at the time of the filing of said statement. Every person so declared elected to the office of school trustee, under the provisions of this act shall, within ten days after such election, qualify by taking and subscribing the required oath of office and filing the same with the secretary of the board of school trustees. tary. Oath. Compensation and expenses to (d) The board of school trustees shall pay all the expenses of such election from the contingent fund of the district, and shall be paid from allow each inspector of election the same compensation as is allowed to inspectors at city elections. contingent fund. General school law to (e) When not otherwise provided in this act the general school govern when law of the State shall govern in regard to all matters pertaining not otherwise to'said school district. provided for. NOTE.—Qualification of Electors at School Elections: Secs. 17 and 18 of Chap. 2, Act No. 164, Laws 1881, amended by Act No. 15 and Act No. 258, Laws of 1895, are as follows: SEC. 17. (In effect Aug. 31, 1895.) Every citizen of the age of twentyone years, who has property assessed for school taxes in any school district, and who has resided therein three months next preceding any school meeting held in said district, or who has resided three months next preceding such meeting on any territory belonging to such district at the time of holding said meeting, shall be a qualified voter in said meeting upon all questions, and all other citizens who are twentyone years of age, and are the parents or legal guardians of any children included in the school census of the district, and who have for three months as aforesaid, been residents of said district or upon any territory belonging thereto at the time of holding any school meeting, shall be entitled to vote on all questions arising in said district, which do not directly involve the raising of money by tax. SEC. 18. If any person offering to vote at a school district meeting shall be challenged as unqualified by any legal voter in such district, the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter; and if such person shall state that he is qualified, and the challenge shall not be withdrawn, the the chairman shall tender to him an oath, in substance as follows: "You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school district, or residing upon territory now attached to this school district, and that you pay a school district tax therein;" and every person taking this oath shall be permitted to vote upon all questions proposed as such meetings Or he may take the following oath, to-wit: "You do swear (or affirm) that you are a citizen of the United States, that you have been for the last three months an actual resident of this school district, or residing upon property now attached to this school district, and that you are the parent or legal guardian of one or more children now included in the school census of the district;" and he may vote upon all questions which do not directly involve the raising of money by tax. If any person so challenged shall refuse to take such oath, his vote shall be rejected; and any person who shall willfully take a false oath, or make a false affirmation, under the proyisions of this section, shall be deemed guilty of perjury. When any question is taken in any other way than by ballot, a challenge immediately after the vote has been taken shall be deemed to be made when offering the vote, and treated in the same manner. Being Act No. 243, Laws of 1869, as amended by Act No. 297, Local Acts of 1875; and Act No. 240, Local Acts of 1891; with references to modifying provisions of the city charter. [ACT No. 243, LAWS 1869.] AN ACT to create a board of water commissioners in the village of Marquette, and to define its powers and duties. ers created. § 207-SEC. 1. The People of the State of Michigan enact, Board of That Joseph W. Edwards. Peter White, Hiram A. Burt, Samuel commissionP. Ely, and William L. Wetmore, and their successors in office, be and they are hereby named and constituted a board of water and fire commissioners of the village of Marquette, in the county of Marquette, who shall be known by the name and style of the "Board of Water and Fire Commissioners of the village of Marquette," and by that name shall have power to contract, sue and Corporate be sued, to purchase, hold and convey personal and real estate, powers. to have a common seal, to alter and change the same at pleasure, to make by-laws and ordinances, and to do all legal acts which may be necessary and proper to carry out the effect, intent and object of this act. [See Note below.] Term of § 208-SEC. 2. The said commissioners shall hold their offices respectively for the term of one, two, three, four, and office. five years, from the first Tuesday in March, of the year one thousand eight hundred and sixty-nine; said commissioners shall, within thirty days after the passage of this act, decide by lot their respective terms, which decision shall be notified by a lot. written statement to the common council of said village, which NOTE TO SEC. 207. The city charter of 1871 continued in existence this board under the name of the "Board of fire and water commissioners of the city of Marquette." The section continuing the existence and changing the name of the board has been retained in subsequent revisions of the charter and is ? 198 of this compilation, which see. Since 1893 the mayor has been ex officio a member of the board by virtue of ? 180 of this compilation. Decided by Common council to missioner. Proviso. shall be entered of record on the books of said common council; and at their first regular meeting in the month of February, in the year one thousand eight hundred and seventy, and annually thereafter, the said common council shall elect and appoint, on appoint com- the nomination of the president of said village of Marquette, a citizen of said village, being a qualified voter, as a commissioner, who shall hold his office for five years from the first Tuesday in March next following: Provided, That this section shall not be so construed as to disqualify any member of the said board for reappointment; and in case of the death or resignation, or removal from said village, of any of said commissioners, the common council shall, as soon thereafter as possible, upon the nomination of the president of said village, appoint to fill such vacancy, for the remainder of the term, some citizen of said village, being a qualified voter. Choice of officers. Vacancy; how filled. Oath. Quorum. Powers and duties of commission ers. May borrow money. Issue bonds. To keep register of bonds. § 209-SEC. 3. The said commissioners shall choose one of their own number as president, who shall hold his office until the first Tuesday of March next ensuing the date of his election; they shall also appoint a secretary and a treasurer, who shall hold their offices at the pleasure of the board. The treasurer, before entering upon the duties of his office, shall give bonds in such amount as the board may require. In case of a vacancy occuring in the office of president, the said commissioners shall have power to fill the vacancy, as in the first instance. § 210-SEC. 4. Before entering upon the duties of their office, said commissioners shall each take and file with the village re corder, an oath or affirmation, similar to that provided in the case of other officers of said village. § 211-SEC. 5. A majority of said board shall constitute a quorum for the transaction of business. § 212 SEC. 6. It shall be the duty of said commissioners to examine and consider all matters relative to supplying said village of Marquette with a sufficient quantity of pure and wholesome water for domestic use; also, to provide suitable and efficient means for the extinguishment of fires. § 213-SEC. 7. The said commissioners shall have power to borrow from time to time, upon the best terms they can make, for such time as they shall deem expedient, and at a rate of interest not exceeding ten per cent. per annum, a sum of money not exceeding one hundred thousand dollars, upon the credit of said village of Marquette, and shall have authority to issue bonds pledging the faith and credit of said village for the payment of the principal and interest of said bonds which bonds. shall issue under the seal of said board of commissioners, and shall be signed by them or a majority of them. And it shall be the duty of said commissioners to cause to be kept an accurate register of all the bonds issued by them, showing the number, date, and amount of each bond, and to whom issued; and it shall also be their duty to present said bonds to the recorder of said village, for entry upon the records of said village; and the said recorder shall certify on each bond that such record has been made: Provided, That no such bonds shall be issued, nor in- Proviso. debtedness be incurred, until the amount proposed to be raised shall have been submitted to the legal voters of said village, and been approved by a majority vote, by ballot, of all the electors of said village, at an annual election therein, due notice of such submission having been given in the notices of such election; or at a special election therein, called by the board which is hereby established, by giving notice thereof, as is required of the recorder of said village, in section three of an act entitled "An act to incorporate the village of Marquette," approved February 10th, 1859. interest. § 214 SEC. 8. It shall be the duty of said commissioners to To pay pay the interest and principal of the bonds issued as aforesaid.as the same may become due; and the said commissioners may, May purchase when they have funds for that purpose, purchase the bonds so bonds. issued as aforesaid, whether the same have become due or not; and in case the said commissioners shall at any time not have funds on hand sufficient to meet any of said bonds at the time Issue new when they shall become due, they shall have the right to issue new bonds for such amount, and on such time as they shall deem expedient, in the place of bonds so becoming due as aforesaid; the said old bonds to be canceled in the registry thereof, and the said new bonds to be recorded in the manner herein before provided. bonds. mon council. § 215-SEC. 9. It shall be the duty of said commissioners, at To make least thirty days before the time fixed by the charter of said report to comvillage, for assessing village taxes, to make a special report to, the common council of said village, what, if any sum, will be needed by said commissioners over and above the revenue of said board, to meet the payment of interest or principal of said bonds issued as aforesaid, or to meet any deficiency in operating expenses; and it shall be the duty of the common council, and the said common council is hereby authorized and empowered to raise said amount by special tax, in addition to the amount authorized in the charter of said village, in the same manner as general taxes, to be designated a water tax; and the said amount shall be paid over to said board by the treasurer of said village. illaş land, etc. § 216-SEC. 10. Said commissioners shall have power, and To purchase it is hereby made their duty, as soon as may be, after the necessary funds have been procured as herein provided, to purchase such lands and materials, and construct such reservoirs, buildings, machinery, and fixtures as shall be deemed necessary to furnish an ample supply of water for public and private use, and also to provide such means as shall give an efficient system To guard of fire protection in said village; and the said commissioners are hereby empowered and directed to possess and exercise fully and exclusively all the powers and perform all the duties for the government, management, maintenance, and direction of the fire department of the village of Marquette and the premises and property thereof, which, at the time of the organization of against fires To take charge of fire dopart ment. May lay water-pipos, fountains. the said board of commissioners, were possessed by, or were under the control of the common council of said village; and the said commissioners shall hereafter have power and authority to extinguish fires in said village, and it shall be the duty of any and all persons in possession of any property, real or personal, belonging to, or set apart for, or in use by or for the fire department of said village, to deliver the same to the control and possession of the said commissioners. § 217-SEC. 11. Said commissioners shall have power to lay and construct pipes in and through all the streets and alleys of said village, and also to construct, in such localities as they may deem expedient, fire hydrants, and hydrants for public use; and also, with the consent of the common council of said village, to construct fountains in the public squares, or such other public grounds of said village as they shall deem expedient. May employ clerks. Proviso. Water-rates; assessmont of. $218-SEC. 12. Said commissioners shall have power to employ superintendents, clerks, assessors, collectors, engineers, surveyors, and such other persons as in their opinion may be necessary to enable them to perform their duties under this act, and to specify the duties of the persons so employed, and to fix their compensation: Provided, That in no case shall said commissioners receive, directly or indirectly, any compensation for their own services. $219 SEC. 13. Said commissioners shall, from time to time, cause to be assessed the water rate to be paid by the owner or occupant of each house or other building having or using water, upon such basis as they shall deem equitable; and such water rate shall become a continual lien until paid, upon such house or other building, and upon the lot or lots upon which such house or other building is situated. Collection of. § 220-SEC. 14. Said commissioners shall have power to make and enforce all necessary by-laws and regulations for the collection of said water rates, either by the appointment of collectors to demand the same, requiring payment at the office, shutting off the water, or by a suit at law before any court of competent jurisdiction, or by sale of the lot or premises upon which such rates shall have become a lien: Provided, That such sales shall be conducted in the same manner, and have the same force and effect of sales of lots delinquent for village taxes; And provided further, That the attempt to collect said rates by any process above mentioned, shall not in any way invalidate the lion upon the said lot or premises. Proviso. Ibid. Commission private property. § 221-SEC. 15. The said commissioners, and, under their ers may take direction, their agents and employes, are hereby authorized to enter upon any land or water, within or without the corporate limits of said village, for the purpose of making surveys, and to agree with the owner of any property which may be required for the purposes of this act, as to the amount of compensation to be paid to such owner; and in case of a disagreement between the commissioners and the owner of any property which may be required for said purpose, or affected by any operation con Make componsation therefor. |