South Carolina - Acts on Education Topics

An Act to Provide for the Establishment of a New School District in Richcland County, and to Authorize the Levy and Collection of a Local Tax Therein.

December 24, 1880

Acts and Joint Resolutions of the General Assembly of South Carolina 1880, Pages 404-407.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That for the purpose of maintaining public schools in the city of Columbia, and promoting their efficiency, the area embraced in the corporate limits of the city of Columbia is hereby declared to be a new school district to be known as the School District of the city of Columbia.

SEC. 2. That the inhabitants of the said School District be, and they are hereby, created a body politic and corporate, with such government, rights, privileges and liabilities as other school districts possess under the provisions of an Act entitled "An Act to alter and amend the School Law of South Carolina,” approved 22d March, A.D. 1878.

SEC. 3. That the School Commissioner of the County of Richland shall have jurisdiction only over the schools and all educational interests outside of the corporate limits of the city of Columbia.

SEC. 4. That the City Council of the City of Columbia shall order an election to be held in the said city, on the third Tuesday in January next, at which one School Commissioner shall be elected by the legal voters of each Ward, who shall continue in office until his successor is elected and qualified, or shall refuse to qualify: Provided, That the School Commissioner of Richland County and the Board of Trustees of School District No. 1, of said County, shall continue to exercise within the said School District all the powers, and discharge all the duties of said School Commissioner and of School District Trustees now provided by law, until the Board of School Commissioners provided for in this Act shall enter upon the discharge of its duties. At every general election in the City of Columbia thereafter, one School Commissioner shall be elected by the legal voters of each Ward, who shall continue in office until his successor is elected and qualified, or shall refuse to qualify.

SEC. 5. The School Commissioners of the School District of Columbia so elected, together with a member of the City Council of Columbia, to be selected by said Council, and whose term of office shall be the same as that of the School Commissioners elected as provided in the preceding Section, shall constitute a School Board, and they may assemble at any time and elect a Chairman, a Clerk, and a Superintendent of City Schools, whose terms of oflice, duties and compensation shall be prescribed by said Board; but their terms of office shall not exceed that of the Board electing them: Provided, That no member of the Board of School Commissioners shall be eligible to any office within the provisions of this Act. The said Board shall have the following powers and duties:

1. To discharge the same duties in the city which are required of School Trustees in the Counties.
2. To determine the studies and class books to be used in the city schools.
3. To cause examinations to be made of teachers for the city schools.
4. To elect and dismiss superintendents and teachers, prescribe their duties and term of office, and to make rules for the government of the schools.
5. To fill vacancies occurring in the Board by death, resignation, departure from the State, or refusal to qualify; the said vacancies to be filled from the said Wards in which they occur.
6. To establish, when they deem it expedient, a Normal School department, and to grant diplomas in said department, which shall entitle the parties. holding the same to become teachers in the public schools.
7. To make an annual report to the Superintendent of Education as to the city schools, as is required of
Commissioners of County schools.
8. To erect suitable buildings for the public schools, to take in charge and keep in order all buildings and property used for school purposes belonging to the said city.
9. To determine the manner in which the tax hereinafter provided for shall be expended in maintaining the city schools.

SEC. 6. The County Treasurer shall be the Treasurer of the Board of School Commissioners, and shall receive as compensation for his services, for the year 1881, a sum not exceeding one hundred dollars, and for each succeeding year such reasonable sum of money as the Board may determine; and before entering into his duties as such Treasurer, he shall give an oflicial bond, in the penal sum of ten thousand dollars, to the said Board, with two good sureties, conditioned for the faithful discharge of his duties.

SEC. 7. That the County Treasurer shall hold the constitutional school tax and poll tax to which the said school district is entitled under the general provisions of law subject to the warrant of the Board of School Commissioners of said school district.

SEC. 8. The said school district is also hereby authorized and empowered to levy on all real and personal property returned in said district a local tax not exceeding one mill on the dollar for the year 1881, and not exceeding two mills on the dollar for each succeeding year, to supplement the constitutional tax for support of public schools by the persons and in the mode following, to wit: The said Board of Shool Commissioners shall, on or before the 15th day of February, 1881, and again on or before the 1st day of February in each succeeding year, call a meeting of all the legal voters living in said school district and returning real or personal property therein; that a notice of said meeting, specifying the time, place and object thereof, shall be published in one or more newspapers of the city of Columbia at least ten days before such meeting. The persons answering the above designation, when thus assembled, shall appoint a Chairman and Secretary, adjourn from time to time, and decide what additional tax, if any, shall be levied.

No tax thus levied shall be repealed at a subsequent meeting held within the same fiscal year. The Chairman of the said meeting shall in one week thereafter notify the Chairman of said Board of School Commissioners and the County Auditor of the amount of the tax thus levied; and the County Auditor shall at once assess such tax on all real and personal property returned in said school district, and the County Treasurer shall collect the same with the city taxes, and it shall be a lien on all property till paid; and defaulting tax-payers shall be liable to like process and penalties as defaulters for State and County taxes.

SEC. 9. All the moneys received by the County Treasurer from the local taxes herein, shall be in the city treasury as public money protected by the official bond of the City Treasurer, and shall be paid out only on the warrant of the said Board of School Commissioners; the said amount to be applied to the support of the city schools, necessary expenses and salaries, and the balance to the building of school houses and repairs.

SEC. 10. That all Acts and parts of Acts inconsistent with this Act be, and the same are hereby, repealed.

SEO. 11. That this Act shall take effect from its passage.

John D. Kennedy, President of the Senate.
John C. Sheppard, Speaker of the House of Representatives.
Johnson Hagood, Governor.

Approved: December 24, 1880

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