North Carolina - Acts on Education Topics

An Act to Amend the Charter of the Town of Mount Airy, North Carolina, and to Establish a System of Graded Schools Therein.

1895 Private Laws: Chapter 2

Private Laws of the State of North Carolina Passed in 1895 - Pages 3-9.

The General Assembly of North Carolina do enact:

Section 1. That section forty-six of chapter three hundred and four of the private laws of one thousand eight hundred and ninety-one (1891), be amended as follows: That after the word "ordinance," in line three, strike out all down to the word "submitting'," in line four.

Sec. 2. That after section forty-eight of chapter three hundred and four of the private laws of one thousand eight hundred and ninety-one (1891) add the following:

Sec. 3. That the board of commissioners of the town of Mount Airy shall and they are hereby authorized to submit to the qualified voters of said town under such rules and regulations, on the first Monday in May, one thousand eight htindred and ninety-five (1895), as the said commissioners may prescribe, whether a tax shall be annually levied therein for the support of the schools in said town, provided for by this Act: Provided, that the money necessary to be expended in the purchase of lands in the town of Mount Airy and the erection thereon of suitable buildings and improvements and furnishing the same with necessary equipments and furniture for the accommodation of the public schools of the town of Mount Airy, shall only be raised by issuing the bonds of the town as hereinafter provided for. At the election held under the provisions of this Act those who favor the levying of such annual tax and issuing the bonds hereinafter provided for, shall vote on written or printed ballots, without device, the words "For school and bonds;" and those who are opposed to the levying of such annual tax, and the issuing of such bonds as hereinafter provided for, shall vote on written or printed ballots, without device, the words, "Against school and bonds." The penalties for illegal and fraudulent voting in this election shall be the same as in election for members of the General Assembly. The commissioners shall give thirty days' notice of the time of holding said election in a newspaper published in the town.

Sec. 4. The inspectors of said election shall, on the day following, certify the number of votes cast and counted for and against "School and bonds" to the commissioners of said town, who shall proceed to declare at once the result of the election, and if a majority of the qualified voters shall vote in favor of such annual tax and the issuing of such bonds the annual tax shall be levied and collected by the town authorities under the same rules and regulations under which other town taxes are levied and collected, and the tax collector shall be subject to the same liabilities for the collection and disbursement of said tax as he is or may be for other town taxes: Provided, the special annual taxes so levied shall not exceed fifty cents on the one hundred dollars valuation of property and one dollar and fifty cents on the poll. The annual taxes levied and collected under the provisions of this Act shall be applied exclusively to the support and maintenance of the public schools in the town of Mount Airy. The issuing of bonds and the collection of taxes to pay them shall be regulated as hereinafter provided. The school committee whose appointment is hereinafter provided for may establish one or more graded schools in the town of Mount Airy, and all the taxes levied and collected under this Act shall not be appropriated or expended for any other purpose.

Sec 5. For the purposes and benefits of this Act the town of Mount Airy shall be and constitute a public school district tor both white and colored.

Sec 6. If this Act shall be ratified at the election authorized to be held under it the school committee of the town of Mount Airy shall consist of five members, to be elected by the commissioners of the town of Mount Airy at their next regular meeting held after the election provided for in this Act. The said school committee shall be composed of citizens of Mount Airy and freeholders therein, and shall be divided by the commissioners at the time of their election into three classes of one member of the first class and two members of the other two classes. The term of office of the first class shall expire at the end of one year from the date of his election, and the term of office of the second class shall expire at the end of two years from the date of their election, and the term of office of the third class shall expire at the end of three years from the date of their election. Whenever the term of office of any class shall expire as above provided, his or their successors shall be elected for a term of three years by the said commissioners. Whenever any vacancy occurs in said committee, except by expiration of term of office, the vacancy for the unexpired term of the member or members shall be filled by the said committee.

Sec. 7. That the school committee provided for by this Act shall have entire and exclusive control of the public school interests and property of the town of Mount Airy; shall prescribe rules and regulations for their own government not inconsistent with the provisions of this Act; shall employ and fix the compensation of officers and teachers of the public school or graded public school annually, subject to removal by the said committee; shall make an accurate census of the school population of the town as required by the general school law of the State, and do all other acts that may be just and lawful to conduct and manage the public school interests in said town: Provided, all the children resident in the town of Mount Airy between the ages of six and twenty-one years shall be admitted into the said school free of tuition charges: Provided, persons living beyond the limits of the corporation may attend the schools from their home or as boarders on the payment of tuition fees to be fixed by the school committee.

Sec. 8. The school committee created by this Act may elect annually a superintendent for the schools established under this Act, who shall be the principal of the graded school for whites if the same shall be established. The said superintendent shall [examine] all applicants for teachers' positions in said school, and issue certificates to the same, and shall do and perform such other duties as may be prescribed by the said school committee.

Sec. 9. The moneys which shall from time to time be apportioned under the general school law of the state to the public school districts or portions of districts embraced in the corporation limits of the town; and any moneys to which the said district or portion of district may be entitled by reason of any special tax, gift, grant, apportionment or otherwise, shall be received by the treasurer of the town of Mount Airy, who shall be ex officio treasurer of said school committee, and whose receipt for such moneys shall constitute a sufficient voucher of such payment in the hands of any person paying the same, and the said treasurer shall report monthly to the said school committee his receipts and disbursements, with all vouchers for the same. The moneys received as aforesaid shall be held by the treasurer as a separate fund to be disposed of under the direction of the aforesaid school committee, whose warrants, signed by the chairman, and countersigned by the secretary of said committee, shall be the only valid voucher in the hands of the said treasurer for the disbursement of said moneys in any settlement required of him by the law. The said treasurer shall furnish annually to the board of commissioners a statement in writing of his receipts and disbursements of the school money, properly and duly audited and approved by the chairman and secretary of the school committee. Provided, the accounts, books and vouchers of the said treasurer shall be open for the inspection of the said school committee at any time.

Sec. 10. The bond now required of the treasurer of the town, to protect public funds of the town in his hands, shall be an amount sufficient to include double the amount received under this Act, independent of the amount to secure other funds, which may come into his hands. The said treasurer shall receive as compensation a commission of two per centum on the funds received from the taxes levied and collected under this Act and disbursed.

Sec. 11. The school committee provided by this Act shall apportion the money raised or received for educational purposes in the town of Mount Airy as shall be just to the white and colored races, without discrimination in favor of or to the prejudice of either race, due regard being paid to the cost of keeping up and maintaining the public schools of both races.

Sec. 12. That the said committee shall make to the board of commissioners annually, at such time as is required under the school law of the state, a report containing an accurate census of the school population of the town, showing the work done and money expended under their direction in the town of Mount Airy on account of public schools therein; a copy of which report shall be forwarded to the superintendent of public instruction in the state, and a copy to the superintendent of public instruction in the county of Surry. The beginning and ending of the school year shall be fixed by the committee.

Sec. 13. The school committee hereby created shall be a body corporate by the name and style of "The School Committee of the Town of Mount Airy," and by that name shall be capable of receiving gifts and grants, of purchasing and holding real and personal estate; of selling, mortgaging and transferring the same for school purposes; of prosecuting and defending suits for or against the corporation hereby created. Conveyance to said school shall be to them and their successors in office; and all deeds, mortgages and other agreements affecting real estate shall be deemed sufficiently executed when signed by the chairman and secretary thereof and the seal of the corporation affixed thereto. The corporation shall have a corporate seal, which it may break or change at pleasure.

Sec. 14. That the commissioners of the town of Mount Airy be and the same are hereby authorized to issue coupon bonds of the town of Mount Airy not to exceed in amount the sum of fifteen thousand dollars ($15,000) and in denominations of not less than one hundred dollars nor more than one thousand dollars, bearing interest from date of bonds at a rate not to exceed six per centum (6 per cent.) per annum and payable semi-annually on the first day of January and the first day of July of each year until said bonds are paid; that the said bonds shall be made payable at a time to be fixed by the said commissioners and named therein, not to be less than twenty years nor more than thirty from the date thereof: Provided, however, that the said board of commissioners may divide the said bonds into classes as they may determine and have them mature at different convenient dates between the limits aforesaid. It is further enacted that the said bonds and their coupons shall be numbered and the bonds shall be signed by the mayor of the town of Mount Airy and countersigned by the clerk of the board of commissioners of the said town and have the corporate seal of the said town affixed thereto, and the coupons thereto attached shall be signed by the mayor of said town; that a record shall be kept of the said bonds showing the numbers and denominations thereof and to whom sold; the dates of issuing thereof and when the same will mature and interest-bearing rate thereof; the amount received from sale of same, and the date of paying the proceeds into the treasury of said town, and such other data in relation to the same as said board of commissioners may direct to be kept.

Sec. 15. That the bonds hereby authorized to be issued shall not be sold for less than their face value, and the mayor of the said town shall not deliver said bonds or any of them to the purchaser thereof until the purchase-money thereof shall be paid to the treasurer of the said town and his receipt to the purchaser produced for the money as evidence of such payment; and the treasurer of the said town shall receive all such moneys paid in the purchase of bonds in his official capacity as treasurer of said town, and he and the sureties on his official bond shall be liable therefor and pay over the same as is provided in this Act, or as may be otherwise provided by the laws relating to the treasurer of the town of Mount Airy; and it shall be the duty of the board of commissioners of the said town to see to it that the bond of said treasurer shall at all times be sufficient in amount and with satisfactory sureties to provide against any loss of money arising from the sale of said bonds, and to that end may at any time require said treasurer to renew his official bond in such sum and with such sureties as they may require, and in default thereof remove him from his office as treasurer.

Sec. 16. That the treasurer of the town of Mount Airy shall keep separate from all other public moneys coming into his hands the moneys arising as proceeds from the sale of said bonds, and the same shall be expended by the school committee of the town of Mount Airy in the purchase of lands in the town of Mount Airy, and the erection thereon of suitable buildings and improvements, and furnishing the same with necessary equipments and furniture for the accommodation of the public schools of the town of Mount Airy: Provided, however, this question shall be submitted to the qualified voters of the town of Mount Airy for their ratification or rejection, at an election to be held on the first Monday in May, eighteen hundred and ninety-five, as heretofore provided for in section three of this Act. The said election shall be advertised by the said board of commissioners of the town for thirty days prior to the day of election, in a newspaper published in the town, and said election shall be held under the supervision of inspectors and poll holders or judges of election appointed by the said board of commissioners; and the result of said election shall be made and certified as in section four of this Act provided. At said election, those who are in favor of issuing the said bonds shall vote on written or printed ballots, without device, the words: "For school and bonds," as provided in section third of this Act; those who are opposed to issuing bonds shall vote on written or printed ballots, without device, the words, "Against school and bonds," as provided for in section third of this Act, and the result of the election shall be ascertained and declared, as provided for in section four of this Act. If at said election the ballots cast "For school and bonds" shall be a majority of all the votes cast, and also a majority of all the qualified voters of the said town; then said board of commissioners shall proceed at once to issue and sell said bonds or so many thereof as may be necessary, in the judgment and discretion of said school committee of the town of Mount Airy for the purposes aforesaid.

Sec. 17. In order to pay interest on said bonds, and to create a sinking fund to pay the principal of said bonds at maturity, the commissioners of the town shall levy and collect a special tax of not exceeding fifteen cents on every one hundred dollars worth of taxable property in said town, and not exceeding forty-five cents on each taxable poll, and the money paid into the said town treasury received from taxes under this section shall be appropriated for the payment of the said bonds and coupons, and for no other purpose whatsoever: Provided, all moneys remaining in the treasury belonging to said fund after all the above said bonds and coupons shall have been redeemed, may then be transferred, by order of the said school committee, to the general school fund of the said town.

Sec. 18. That if, at the election provided for in this Act, a majority of the qualified voters of said town shall not vote "For school and bonds," then the commissioners are hereby authorized to submit the said question to the qualified voters of the said town on the first Monday in May, eighteen hundred and ninety-six (1896), under the same rules and regulations as are herein prescribed for the election to be held on the first Monday in May, eighteen hundred and ninety-five (1895).

Sec. 19. That all laws and parts of laws in conflict with this Act are hereby repealed.

Sec. 20. This Act shall be in force from and after its ratification.

Ratified the ___ day of February, A.D. 1895.

Elias Carr, Governor
Rufus A. Doughton, Lt. Governor and President of the Senate
Zebulon Vance Walser, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, May 23rd, 1895.

I, Octavius Coke, Secretary of State, hereby certify that the
foregoing (manuscript) are true copies of the original acts and
resolutions on file in this office.

Octavius Coke,
Secretary of State.



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