South Carolina - Acts on Education Topics

An Act to Create a New School District in Spartanburg County, to be Known as the Wellford School District, and to Authorize the Levy and Collection of a Special Local Tax Therein.

December 24, 1890

Acts and Joint Resolutions of the General Assembly of South Carolina 1890, Pages 980-982.

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 all of that area in the Township of Beech Springs, in the County of Spartanburg, embraced in the following circle, to wit: Having the Richmond and Danville Railroad depot of the Town of Wellford as a centre, and embracing an area described by the radius of two and one-half miles from such centre, be, and the same is hereby, created a special School District in the County of Spartanburg, to be known as the Wellford School District.

Sec. 2. That said School District is hereby declared to be a body politic and corporate, with all the rights, powers, privileges and liabilities as are provided for School Districts by the General School Law of South Carolina.

Sec. 3. That in addition to the rights and privileges hereinbefore granted, the said School District shall have power to levy on all real and personal property returned in said District a tax not exceeding two mills on the dollar, subject to following provision: The School Trustees shall have at any time previous to the 30th day of June of each year, upon the written request of five property holders, issue a call for a public meeting (after two weeks' notice) of all those citizens who return real or personal property in said District, and said notice shall be published in at least one newspaper and posted in two public places in said District for at least two weeks before such meeting, and shall specify time and place and object of said meeting.

Sec. 4. That when the persons answering the above description shall have assembled in public meeting, they shall have power: First. To select a Chairman and Secretary, adjourn from time to time, decide what additional tax, if any, shall be levied, and appropriate the same in such manner as they may think best for the educational interests of said School District: Provided, That no tax thus levied shall be repealed at any subsequent meeting within the same year. Second. That they shall also have Power to select (subject to the approval of the Board of Examiners for Spartanburg County) a Board of five Trustees for said School District, whose term of office shall be for two years from date of election, and who, in addition to the duties and responsibilities now provided by law for Trustees of School Districts, shall have the following powers and duties: 1. To purchase or erect suitable buildings for the use of the public schools of said School District. 2. To elect and dismiss Superintendents and teachers of the city schools, prescribe their duties, terms of office and to fix their salaries, and to cause an examination of said teachers to be made whenever necessary, also to determine the class books and studies to be used in said schools, and to make rules and regulations for the government of said schools. 3. To determine the manner in which the tax heretofore authorized (and the two mills Constitutional and poll tax provided by law) shall be expended in maintaining said public schools; and, 4. To fill all vacancies occurring in said Board of Trustees by death, resignation, removal or otherwise during their term of office or service.

Sec. 5. That it shall be the duty of the Chairman and Secretary of said public meeting, within one week after said meeting has been held, to notify the Chairman of the Board of Trustees for said School District and the Auditor of said County of the amount of the tax thus levied and how it has been appropriated; 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 State and County taxes; and such tax shall be a lien upon all property until paid, and defaulting taxpayers shall be liable to like process and penalties as defaulters for State and County taxes.

Sec. 6. That the money collected from said tax levy and the Constitutional poll and two mill tax to which the said District is entitled under the general provisions of the law shall be held by the County Treasurer and paid out on warrants drawn by the Trustees of said School District, countersigned by the County School Commissioner: and said Treasurer shall be liable to said School District for the non-performance of his duty in respect to said money in same manner and to same extent and under like penalties as for non-performance of his duties in reference to State and County taxes: Provided, That the School Commissioner of said County and the Trustees of said School District be, and they are hereby, authorized to apply for the fiscal year commencing Nov. 1st, 1890, so much of said money as may be necessary for the purchase or erection of suitable buildings for said public schools.

[Sic - the source does not have a Section 7. Perhaps the numbering was incorrect in the original.]

Sec. 8. That the School Trustees now in charge of the School District of Spartanburg County in which the new District is located are hereby authorized and required to act until the election of the Trustees provided for in this Act.

Sec. 9. That this Act shall take effect from the date of its passage, and that all Acts or parts of Acts inconsistent with this Act are hereby repealed.

Approved December 24th, A.D. 1890.

Benjamin R. Tillman, Governor.
Eugene B. Gary, President of the Senate and Lt. Governor.
Ira B. Jones, Speaker of the House of Representatives.

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