South Carolina - Acts on Education Topics

An Act to Amend an Act Entitled "An Act to Provide for the Establishment of a Separate School District in the City of Sumter," Approved December 24th, 1888.

December 23, 1889

Acts and Joint Resolutions of the General Assembly of South Carolina 1889, Pages 596-599.
Click Here to view the original Act of December 24, 1888.

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 Section 3 of the Act of the General Assembly of said State entitled "An Act to provide for the establishment of a separate school district in the city of Sumter," approved December 24th, 1888, be amended so as to read as follows:

"Section 3. That in addition to the rights and privileges hereinbefore granted, the said school district shall have the power to levy and collect a tax on the assessed value of all real and personal property returned in said school district, not exceeding, in addition to the tax provided for in Section 2 of this Act, two mills on the dollar, subject to the following provisions: The City Council of the city of Sumter shall at any time previous to the first day of June of each year issue a call for a meeting, after two weeks' notice, of all those male citizens of said school district who return real or personal property therein. Such notice shall specify the time and place of such meeting and be published in a newspaper in said city. The said City Council shall cause to be prepared a list of all male citizens of the age of twenty-one years and upwards who return real or personal property in said school district, a certified copy of which shall be turned over to the Secretary of such meeting. Only those persons shall be entitled to vote at such meeting who are male citizens of said State and city and who return real or personal property in said school district. The persons entitled to vote in said meeting shall have power: First, to appoint a Chairman and Secretary; second, to adjourn from time to time; third, to decide whether, in addition to the Constitutional school tax apportioned to the use of the schools in said school district, and in addition to the tax provided for in Section 2 of this Act, it is deemed expedient to levy an additional tax, not exceeding the limit hereinbefore mentioned, for the pay of teachers' salaries, or the building, furnishing, repairing, leasing or improvement of school houses in said school district, or for incidental expenses; fourth, to elect four School Commissioners, one from each ward, if that is deemed practicable, who, together with the Mayor of said city, shall constitute a School Board. No taxes thus levied shall be repealed at any subsequent meeting. It shall be the duty of the Chairman of such meeting to keep a correct record of all the proceedings, and to file the same in the office of the Mayor. It shall also be the duty of the Chairman of such meeting to notify the City Clerk and Treasurer within one week of the amount of tax thus levied, and the said Clerk and Treasurer, under the direction of the Board of School Commissioners of said school district shall thereupon proceed to assess such tax on all real and personal property returned in said school district. He shall collect this tax at the time and in the manner provided for collecting the city taxes, and it shall be a lien on all property until paid, as is provided for in the case of State and County taxes. The proceeds arising from this tax shall be kept separate, and paid out by the said Clerk and Treasurer on warrants drawn by said Board of School Commissioners, and the said Clerk and Treasurer shall be liable to all penalties now prescribed by law for the non-performance or neglect of duty as in cases of County Treasurers. That the said City Clerk and Treasurer shall be the Clerk and Treasurer of said Board of School Commissioners, subject to removal by them, and with power in said Board to fill any vacancy which may occur in said office. That should the said City Council fail or refuse, within the time hereinbefore limited, to issue a call for the meeting hereinbefore provided for, or to perform any other act hereinbefore directed, the said Board of School Commissioners are authorized to issue a call for such meeting at any time prior to the first day of July in each, and to perform any other act hereinbefore devolved upon said City Council."

Sec. 2. That the following Section shall be added to said Act, to be known as Section 9:

"Section 9. That the School District of the City of Sumter is hereby authorized and empowered, by and through its Board of School Commissioners, to issue coupon bonds to the amount of twelve thousand dollars, if said Board should deem that amount necessary: Provided, That a majority of the qualified electors of said school district voting shall be in favor of such issue as may be expressed at an election hereafter to be held for that purpose. The proceeds derived from the sale of said bonds shall be used for the purpose of purchasing a site or sites and erecting one or more public school buildings in the city of Sumter and furnishing the same. Said bonds to bear a rate of interest not exceeding six per centum per annum, payable annually, the principal to mature in not less than twenty years from the date of issue; the same to be signed by the Chairman of said Board and countersigned by its Clerk and Treasurer, and the seal of said corporation to be affixed thereto, which seal the said Board is hereby authorized to make and adopt. Said bonds to be in such denominations as said Board may determine, and a correct register of the same shall be kept by the said Clerk and Treasurer. The coupons upon said bonds shall be receivable for all taxes in said school district which shall be levied for educational purposes. Said bonds shall constitute a first lien upon all the property which maybe purchased or improved with the proceeds from said bonds; and said bonds shall not be taxable for municipal or public school purposes other than the Constitutional two mills tax. That for the purpose of paying the interest on said bonds and the principal when due, it shall be the duty of the Board of School Commissioners of said School District to compute annually the amount necessary to be raised, and to assess and levy the same upon all the real and personal property in said school district, and the amount so assessed and levied shall be a lien upon such property, and shall be collected by the Clerk and Treasurer of said Board, at the same time and in the same manner and under the same powers as the city taxes of the city of Sumter are collected, and shall be held by him for the purpose of paying the said interest or principal, if any be due, and shall be used for no other purpose whatever. That the said Board shall have the power to require from said Clerk and Treasurer such security for the faithful performance of his duties as they may deem adequate."

Sec. 3. That the Board of School Commissioners of said School District are hereby declared to be the legal successors of the Trustees of the former School District No. 1 of the County of Sumter, which included the area of the said School District of the City of Sumter; that said Board of School Commissioners are hereby vested with the title to the lot of land fronting on Republican street, in the city of Sumter, heretofore held by the Trustees of the said School District No. 1, and that said Board is hereby authorized and empowered to sell the same and apply the proceeds to any of the purposes enumerated in Section 2 of this Act.

Sec. 4. That the City Council of the city of Sumter are authorized to fix the time and place of any election held under this Act; to publish the notice, appoint the managers, prescribe the form of ballot, receive the returns and declare the result.

Sec. 5. That so much of all Acts or parts of Acts as are inconsistent with or supplied by the provisions of this Act be, and the same are hereby, repealed.

Approved December 23d, A.D. 1889.

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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