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subject to state and county taxes; provided, that no more than fifty cents on the one hundred dollars valuation of said taxable property shall be assessed in any one year for the purpose of continuing the schools for said period of not less than nine months, and for ordinary repairs and incidental expenses, and not more than forty cents on the one hundred dollars valuation for the purchase of sites, the building of houses and permanent improvements; the amount collected under the assessment last named shall be known as the building fund; the assessment made under the provisions of this section shall be levied by the board of education, and collected by the same officer by whom the county levies are collected; the amounts thus collected shall severally be certified by the collecting officer to the clerk of the board of education and shall be paid out only upon drafts signed by the president and countersigned by the clerk and issued by order of the board of education ; but the board shall not during any one year contract for or expend more than the aggregate amount of its quota of the general school fund, and the amount collected from the levies for that year together with any balance remaining in the hands of the sheriff or collector at the end of the preceding year, and such arrearages of taxes as may be due to it; but the board may borrow money and issue bonds therefor for the purpose of building, completing, enlarging, repairing, remodeling or furnishing school houses within said district; said bonds shall be payable within not exceeding thirty-four years from their date and the rate of interest thereon shall not exceed six per centum per annum, and they shall not be sold for less than par; but in no other case shall any debts be incurred by said board to be paid out of the school money for any subsequent year; provided, that no debt shall be contracted under this section which shall, including existing indebtedness, in the aggregate exceed two and one-half per centum on the value of the taxable property in said district to be ascertained by the last assessment for county taxes previous to the incurring of such indebtedness, nor without at the same time providing for the collection of a direct annual tax sufficient to pay annually the interest on said debt and the principal thereof within not exceeding thirty-four years; and the board may also, if it see fit, provide for the payment after three years, of the principal of one or more of such bonds in each year, the bonds so to be paid to be selected by the board, or a sinking fund may be created with a view to the payment of the aggregate amount of such bonds when they become payable; and provided further, that no debt shall be contracted under this section unless all questions connected therewith shall have first been submitted to a vote of the qualified voters of said district, and shall have received three-fifths of all the votes cast for and against the same; such submission may be made at any general election or any municipal election held within the said town of Martinsburg, or at a special election to be held for the purpose; such election shall be held and conducted in the same manner as general elections are held and conducted; and said board shall cause the words “for bond issue” and “against bond issue" to be written or printed upon the ballots used at such election within the said town of Martinsburg, so that the voters therein may conveniently express their sentiments upon the said question.
In case the said submission is made at any general or municipal election, the officers appointed by law to hold and conduct the same shall count the votes for and against said bond issue and shall, within three days after said election, certify the result of such vote to the board of education, which shall within five days thereatfer record the same among their records and act accordingly.
In case the said submission shall be made at a special election the said board shall appoint three commissioners, two poll clerks, and two challengers, at each voting place in said town of Martinsburg, to hold and conduct the election, and said commissioners shall count the votes and within three days after the said election certify the result thereof to the board of education, which shall then proceed in the same manner as herein provided when such submission is made at a general or municipal election; the commissioners appointed to hold such special election shall return the ballots voted thereat in a sealed package to the board of education at the same time they certify the result of such election.
At least four weeks before such election the president of the board shall issue his proclamation to the voters of the district notifying them of the time and places for holding the same, and the object and purposes thereof, embodying therein a copy of the order of the board showing all questions involved in relation to the proposed bond issue, and the plan of the board providing for the payment of the principal and interest thereof, and such proclamation shall be inserted once a week for four successive weeks before the date designated for the holding of such election, in at least two newspapers of opposite politics published within said town of Martinsburg, and which shall also be posted for a like period at the front door of the court house of Berkeley county, and at some conspicuous place in each ward within said town.
(Senate Bill No. 25.)
AN ACT to amend and re-enact sections eight, eleven, twelve,
nineteen and twenty-three of chapter two hundred and sixteen of the acts of one thousand eight hundred and seventy-two-three, of the legislature of West Virginia, entitled, “An act relating to the school district of Martinsburg, West Virginia."
(Passed February 18, 1907. In effect ninety days from passage.
Governor, February 24, 1907.)
Approved by the
Be it enacted by the Legislature of West Virginia:
That sections eight, eleven, twelve, nineteen and twenty-three of chapter two hundred and sixteen, of the acts of one thousand eight hundred and seventy-two-three, of the legislature of West Virginia, be amended and re-enacted so as to read as follows:
Sec. 8. The board of education of the district of Martinsburg shall be a body corporate in law; and they may purchase, hold, sell or convey real or personal property for the purpose of education within the district; may receive any gift, grant, donation or devise; may become party to suits and contracts, and do other corporate acts; they shall have the management of, and be invested with the title to all real and personal property for the use of public schools within the district, and shall manage and dispose of the same as in their opinion will subserve the interests of the schools. The board shall also have the same power to acquire and hold property, real and personal, make contracts etc., for the purpose of establishing and maintaining a free public library and branches thereof in said district; and for the management and conduct of the same, whenever established, a board consisting of five trustees shall be appointed by the board of education, not more than two of whom shall be members of the boård of education; they shall hold office for two years, except that of the first set selected, two to be chosen by lot shall hold office for one year, which appointments shall be made at the same time that teachers are appointed; the board of trustees thus constitued shall have power to elect the librarian and other necessary officers, fix their compensation, select and purchase books and periodicals, and make all necessary rules and regulations for the use of the library and its branches; the said board shall certify to the board of education the expenses incurred by it from time to time; and the members thereof shall be personally liable to the creditors and the board of education for any expenses or debts incurred or authorized in any year in excess of the library fund provided in section eleven.
Sec. 11. It shall be the duty of the board of education annually in the month of July, to determine as nearly as practicable the amount of money necessary, in addition to all other available funds, to continue the schools of the district for a period of not less than nine months, and for all other purposes relating to the schools of the district, such as the repairing and improvements of school premises, the purchases of sites and the building of school houses, the payment of debts previously contracted, which may fall due within the year, and also for the establishment, maintenance and operation of a free public library and its branches, and said board shall cause the amount to be assessed on all the taxable property of the district, subject to state and county taxes; provided, that not more than five mills on the dollar of valuation of said taxable property shall be assessed in any one year for the purpose of continuing the schools for said period of not less than nine months, for ordinary repairs and incidental expenses and not more than four mills on the dollar valuation for the purchase of sites, the building of houses and permanent improvements and not less than two-tenths nor more than three-tenths of a mill on the dollar of valuation for the establishment, maintenance and operation of said library and its branches; the amount collected under the assessment last named shall be known as the library fund, under that next before the last as the building fund, and that under the first as the teachers' fund; the assessments made under the provisions of this section shall be levied and collected by the same officers
as the county levies are made and collected; the amounts thus collected shall severally be certified by the collecting officer to the clerk of the board of education and shall be paid out only upon drafts signed by the clerk and issued by order of the board, except that as to the library fund the order shall be countersigned by the president of the board of trustees provided for in section eight; but the board of education shall not, during any one year, incur any expenses that shall exceed the amount of the available funds received for school and library purposes.
Sec. 12. The collecting officer shall annually, in the month of July, make settlement with the finance committee of the board of education of all accounts arising from assessments made by the board within the preceding school year for school and library purposes within the district, as provided by the acts of the legislature not included in the provisions of this act.
Sec. 19. No money shall be paid out by the district treasurer except on a draft by the president and countersigned by the clerk of the board of education, and specifying upon its face the particular account to which the same is chargeable; nor as to the library fund without counter-signature of the president of the board of trustees; nor shall any credit be allowed to the treasurer in his annual settlement with the finance committee upon any voucher except such draft.
Sec. 23. All school houses, school house sites and other property for the use of the district shall be exempt from taxation, and also from sale on execution, or other process in the nature of an execution.
(House Bill No. 135.)
AN ACT to establish the independent school district of Parsons,
in the county of Tucker, in the state of Wect Virginia.
[Passed February 14, 1907.
In effect from passage.
Approved by the Governor,
school district; name and boun
daries. 2. Board of education ; eligibility of
conducted. Board to elect president and sec
retary ; compensation and duties. Board to have exclusive control of
members ; powers and duties; election; term of office: notice by publication ; how elections
schools; to make rules and regulations; to prescribe text books; other powers of board.