North Carolina - Acts on Education Topics

An Act to Authorize the Establishment of Public Graded Schools in the City of Charlotte.

1874-75 Private Laws: Chapter CXXXVIII

Private Laws of the State of North Carolina Passed in 1874-75 - Pages 673-675.

Section 1. The General Assembly of North Carolina do enact, The board of aldermen of the city of Charlotte shall have authority, on the requisition of at least ten voters of each ward in the city, after thirty days' notice by advertisement in at least two newspapers published in the city, hold an election by ballot to ascertain the sense of the qualified voters of the city on the question of establishing and maintaining by taxation in the city, public graded schools, and the maximum rate of taxation for such purpose, the said board being hereby vested with full powers as to the time and manner of holding said election, the registration of voters, the appointment of registrars and inspectors and all other things necessary to effectuate the aforesaid object: Provided, They may, in their discretion, adopt the last preceding registration, if made in accordance with this Act: And provided further, That no person shall be deemed qualified as a voter unless he shall have resided within the ward in which he offers to vote at least ninety days.

Sec. 2. The board of aldermen shall desingnate the maximum rate of taxation proposed to be imposed, which shall never exceed twenty-five cents on the one hundred dollars value of property and seventy-five cents on the poll, and on other subjects of taxation in the same proportion as the rate on property. If the vote shall be in favor of the scheme proposed, said board shall have power to levy such tax as they may think proper within the limit aforesaid, and the tax so levied shall be collected as other city taxes, and shall not be diminished for two years, after which the board may change the rate of taxation within said limit.

Sec. 3. At the time designated for the aforesaid election there shall be elected by ballot two school commissioners from each ward, who shall, if the majority of those voting on the aforesaid scheme shall be in favor thereof, be charged with carrying the same into effect. They shall hold office for two years, and until their successors shall be elected and qualified: Provided, That the board af aldermen may, if necessary, extend the term of those first elected beyond two years, so that the election of their successors, if said board deem it expedient, may be had on the day of the regular election of aldermen.

Sec. 4. Said eight commissioners shall constitute a board, a majority of whom shall be a quorum at all meetings duly called. The mayor of the city shall be ex officio chairman, entitled to vote only in case of a tie. Vacancies in the board shall be filled by [?].

Sec. 5. Said board of school commissioners shall have power and authority to purchase sites and build school houses in the city, open and regulate schools therein, appoint examiners, employ teachers and fix their salaries, prescribe courses of study, and, in general do whatever may be necessary to establish and continue within said city a good system of graded public schools, to be kept open at least nine months in the year, without charge for the education of the children of the city, within the ages of six and twenty-one.

Sec. 6. The said board shall be a body politic and corporate under the name of "The School Commissioners of the City of Charlotte," with all the rights and powers of the school committees of the respective townships in addition to the powers in this Act granted.

Sec. 7. The said board shall appoint a treasurer and prescribe his duties and compensation. He shall give bond for the faithful performance of his duties in such sum as they may prescribe, not less than double the amount which may probably be in his hands at any one time, and with sufficient security, to be approved by them.

Sec. 8. It shall be the duty of the board of aldermen to provide for the payment to said treasurer of all moneys collected under this Act; and it shall be the duty of the county treasurer to pay to said treasurer, to be used in carrying out the objects of this Act, all school moneys in his hands from time to time to which the city of Charlotte shall fairly be entitled.

Sec. 9. The board of school commissioners shall have power in their discretion to receive into the public schools of the city children of the township in which Charlotte is situated, and also children not between the ages hereinbefore mentioned, on such terms as they may think reasonable.

Sec. 10. The said board shall make reports annually, and as often as they may be requested, to the board of aldermen of the city and to the Superintendent of Public Instruction in the manner and to the extent that the county treasurer and the secretaries of the boards of education of the counties are bound by law to report to the Superintendent of Public Instruction under the same pains and penalties for failing so to do as said officers are liable to for like failure.

Sec. 11. It shall be the duty of the mayor after he has ascertained the result of said election, if the same is in favor of the scheme proposed, to call a meeting of said commissioners within ten days after said election, whereupon at said meeting or at any subsequent meeting, the said board shall have power to make such by-laws for their government, and such rules and regulations towards the carrying into effect the object of this Act as they may deem best, not inconsistent with the laws of the land.

Sec. 12. This Act shall take effect from its ratification.

Ratified the 22d day of March, A.D. 1875.

Curtis H. Brogden, Governor
James L. Robinson, Speaker of the House of Representatives
Robert F. Armfield, Lt. Governor and President of the Senate

State of North Carolina,
Office Secretary of State,
Raleigh, May 15th, 1875.

I, William H. Howerton, Secretary of State, hereby
certify that the foregoing are true copies of the original
acts and resolutions on file in this office.

William H. Howerton,
Secretary of State.

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