South Carolina - Acts on Education Topics

An Act to Create the School District of Yorkville, in York County, and Enable it to Organize a System of Free Schools, and to Levy a Tax in Support of the Same, and to Purchase and Hold Property.

December 24, 1888

Acts and Joint Resolutions of the General Assembly of South Carolina 1888, Pages 246-248.

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 the territory embraced in an area extending one mile from the intersection of Congress and Liberty streets, in the town of Yorkville, in said State, be declared a separate school district, and that it be invested with such corporate powers as may be necessary to carry out the purposes of its organization as declared by this Act.

Sec. 2. That it shall be the duty of the School Commissioner of York County, within thirty (30) days after the approval of this Act, to order that an election be held at the Court House in Yorkville, of which election ten days' notice shall be given by public advertisement; at which election shall be submitted to the qualified voters resident in said district, who return real or personal property within the limits thereof, the question of voting a tax of two mills on the dollar, to be assessed upon all taxable property within said school district, for the purpose of aiding in the maintenance of the free public schools in said district.

Sec. 3. That a Board of Trustees is hereby created, to consist of the following persons, to wit: Lewis M. Grist, Frank Happerfield, C. E. Spencer, Joseph F. Wallace, J. Ernest Lowery, D. E. Finley, and John A. Darwin. That the said Board shall be a perpetual body, and shall immediately organize by electing a Chairman and Secretary; and they may fill all vacancies in their number arising from resignation, death, or removal; and the said Board of Trustees shall have power to remove from their body, for cause, any member of the Board, a majority of the Board voting in favor of such removal.

Sec. 4. The Board of Trustees created pursuant to the third Section of this Act shall, between the 1st day of September and the 31st day of October in each year, call together in annual school meeting the voters resident in said school district, at which meeting the Trustees shall submit a full report of their transactions for the previous school year, and their estimates of expenditures necessary for the ensuing school year. And on the day of said meeting, or at some day subsequent to the time appointed for said meeting (in case the same for any reason should not be held), three managers appointed by said Trustees shall open a poll at the Court House in Yorkville, in said district, not later than 12 o,clock M., and to be kept open until 5 o,clock P. M., at which election the qualified voters of said district shall vote for or against the assessment and levy of such local tax upon all taxable property within said school district as the Trustees may have recommended for the school year commencing on the first day of November following, which shall not exceed the sum of two mills on the dollar in any one year. And it shall be the duty of the Chairman and Secretary of the Board of Trustees to certify to the amount so voted or recommended to the County Auditor of York County, who shall forthwith assess the same for collection and deliver his warrant to the Treasurer of the said County for collection at the time other taxes are collected: Provided, That any tax voted to be levied at the first election herein provided for under Section two of this Act shall be certified by the County School Commissioner to the County Auditor of York County, whose duty it shall be to assess the same upon all taxable property in said school district for immediate collection, and he shall deliver his warrant to the Treasurer to collect the same within thirty days from the date of the delivery, and subject to the usual penalties prescribed by law against taxpayers making default in payment.

Sec. 5. That the Trustees herein provided for shall have exelusive control of the free public schools within said district, and shall be invested with all powers of School Trustees under the general free school system. They may organize schools, purchase or lease school property, elect superintendents and teachers and fix their salaries, prescribe the text books to be used, and the rates of tuition to be paid by pupils not entitled to benefit of the free school fund of said district, and may make rules and regulations for the control of the schools and school property in said district not repugnant to law.

Sec. 6. All moneys assessed and collected for school purposes shall be paid out by the County Treasurer for salaries and other school purposes upon the warrant of the Chairman and Secretary of the Board of Trustees. And all school moneys arising from the capitation tax upon the polls in said school district, as well as from the Constitutional school tax, or from any and all other public sources applicable to said district, shall be paid out by the Treasurer in like manner and upon like warrant.

Sec. 7. In the event the Board of Trustees herein provided for shall deem it necessary to erect school buildings for the use of schools therein, or to purchase property for a like purpose, it may be lawful for them to submit to the qualified voters resident in said school district, at an election to be held for that purpose, the question of authorizing the issue of bonds not exceeding the amount of four thousand dollars, bearing seven per cent, and payable in twenty years, the proceeds of which bonds shall be used in purchasing or erecting suitable school buildings and in providing suitable furniture and apparatus for the same. The Board of Trustees empowered to appoint three managers to conduct any such election to declare the result of the same, and is authorized to execute and deliver the bonds so authorized to be voted, in the event that a majority of the persons voting at said election shall be in favor of the same, and the interest annually accruing upon said bond shall be paid by the County Treasurer out of any moneys held by him for school purposes, for said school district.

Sec. 8. This Act shall be deemed a Public Act and shall become of force immediately upon its approval.

Approved December 24th, A.D. 1888.

John P. Richardson, Governor.
William L. Mauldin, President of the Senate and Lt. Governor.
James Simons, Jr., Speaker of the House of Representatives.

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