Union Sch. Dist. of Bay City v. Bd. of Estimates of Bay City

• Court: Michigan Supreme Court
• Writing for the Court: CLARK
• Citation: Union Sch. Dist. of Bay City v. Bd. of Estimates of Bay City, 235 Mich. 323, 209 N.W. 91 (Mich. 1926)
• Decision Date: 07 June 1926
• Docket Number: Motion No. 439.
• Parties: UNION SCHOOL DIST. OF BAY CITY v. BOARD OF ESTIMATES OF BAY CITY et al.

235 Mich. 323

209 N.W. 91

UNION SCHOOL DIST. OF BAY CITY

v.BOARD OF ESTIMATES OF BAY CITY et al.

Motion No. 439.

Supreme Court of Michigan.

June 7, 1926.

Certiorari to Circuit Court, Bay County; Harry J. Dingeman, Special Judge.

Mandamus by the Union School District of Bay City against the Board of Estimates of Bay City and another. Judgment for plaintiff, and defendants bring certiorari. Affirmed.

Argued before the Entire Bench.

A. H. McMillan, of Bay City, for appellants.

Gilbert W. Hand, of Bay City, for appellee.

CLARK, J.

Defendants bring certiorari to review mandamus. The opinion of the trial judge merits adoption by this court:

‘By virtue of Local Act No. 514 of 1903 the cities of West Bay City and Bay City were consolidated under the name of Bay City, and the corporate rights, powers, and privileges of the city of Bay City were defined. By the same act the school and library systems of the two cities were also consolidated. Section 238 of the act provides that the territory embraced in the city of Bay City shall constitute one school district and shall be a body corporate, by the name and style of the ‘Union School District of Bay City,’ and ‘shall have and possess all the powers and be subject to all the duties and liabilities conferred and imposed by the general laws of the state relating to corporations and relating to primary and union schools and school districts, so far as same may be applicable, except as herein otherwise provided.’

‘By section 250 definite authority is conferred upon the plaintiff school district to manage the school system of Bay City, the section reading in part: ‘The board of education shall have full power and authority to purchase school sites, improve and ornament the same, to hire or build and furnish schoolhouses, to establish and maintain schools, employ a superintendent, teachers, janitors and such other officers, agents and assistants as in its judgment may be necessary, to provide furniture, fuel, books, apparatus, tools and conveniences necessary or convenient for such schools, to fix the salary and compensation of the superintendent, the teachers and other employees of the district. Said board shall also have full power and authority to make by-laws and ordinances relative * * * to the length of time schools shall be kept, which shall not be less than nine months in each year. * * *’

‘Section 252 provides: ‘Said board shall have the power and it shall be its duty annually * * * to determine * * * the amount of money necessary to be raised by tax on the property of said district to defray the expenses of the schools of said district for the ensuing year and the amount of money necessary to pay the interest and principal of any debt due in each year for such district, also the amount of money necessary to purchase sites for school buildings, and to build or repair any shcoolhouse in said district; and the comptroller of said Bay City shall cause the said amounts of money so voted to be assessed upon the taxable property of said city in the first general city tax roll thereafter made, upon which general city taxes shall be assessed; and the comptroller shall have the same power and discharge the same duties, as to the assessment of said school taxes, that can or may be conferred or imposed by law upon him in relation to the general taxes of Bay City; * * * Provided, that the amount which may be raised by a tax in any one year for the expense of schools of said district, exclusive of such sum as may be required to pay the principal and interest of the general taxes of Bay City; * * * shall not exceed the sum of one per cent. on the assessed valuation of said district according to the last preceding assessment roll of the city.’

‘Section 253 makes provision for a specific designation of such taxes in a separate column on the assessment roll and provides for the collection thereof.

‘The charter of Bay City (Act 514, Local Acts 1903, referred to) was amended in 1907 by Act 636 by the addition of sections 165a, 165b, 165c, and 165d. By section 165a a board of estimates was created ‘in and for the city of Bay City,’ and the board was given the right ‘to call upon the council or upon any officers or boards of the corporation for any information which it may require, or for further reports for the purpose of estimating any amount to be raised, or in reference to any other matter pending before such board. And such board or officers shall furnish the same as soon as possible after such request. It shall also have the right to inspect the official books and papers of said officers or boards.’

‘Section 165b provides: ‘Before any money shall be raised or taxes levied and collected, for the purpose of the several funds mentioned in the charter of said city, or for school or library purposes in said city, the estimates of the council and the board of education of the amounts of money required for such funds or purposes shall be submitted to said board of estimates for approval. * * * The estimates of the general city taxes shall be acted upon by the council as provided by the charter, and shall be submitted to said board of estimates on the first Thursday in May to be considered by the board and reported by it to the council on or before the third Monday of May. The said board shall carefully consider all estimates required by this act to be submitted to it, of moneys to be raised as aforesaid, and shall approve or disapprove of the same. It may decrease the amount to be raised, but it shall not increase the same. * * *’

‘Section 165c provides in part: ‘After the said board shall have considered the said matters required to be submitted to it, it shall cause a statement...