property of the city;27 and maintain such high school, in whole or in part, by demanding, collecting and receiving a tuition fee for and from each and every scholar or pupil attending such high school.28 (Laws 1889, ch. 224, sec. 1.)

NOTE. See sections 102 to 108 for the election and organization of boards of education in cities of the second class.

SEC. 171. Duty of the President. [7602] It shall be the duty of the president to preside at all the meetings of the board of education, to appoint all committees whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the treasurer for school moneys. (Laws 1876, ch. 122, art. 11, sec. 11.)

SEC. 172. Duty of the Vice President. [7603] It shall be the duty of the vice president to perform all the duties of the president in case of his absence or disability. (Laws 1876, ch. 122, art. 11, sec. 12.)

SEC. 173. Bond of Clerk. [7605] Before entering upon the discharge of his duties, the clerk of the board of education shall give bond in the sum of $1000, with good and sufficient sureties, to be approved by the board, conditioned for the faithful performance of the duties of his office. (Laws 1876, ch. 122, art. 11, sec. 14.)

SEC. 174. Election of Treasurer of the Board. [1353] There shall be elected, on the first Tuesday of April of each odd-numbered year, a mayor, police judge, city treasurer, and treasurer of the board of education, together with councilmen and members of the board of education, as hereinafter provided. The mayor shall appoint, by and with the consent of the council, a city marshal, city clerk, city attorney, city assessor, and may appoint an assistant marshal, city engineer, street commissioner, and such policemen and other officers as they may deem necessary. Officers so appointed and confirmed shall hold their offices for a term of one year and until their successors are appointed and qualified; the council shall by ordinance specify their duties and compensation, and by ordi nance abolish any office created by them whenever they may deem it expedient. The mayor, councilmen, members of the board of education, city treasurer, police judge and treasurer of the board of education shall hold their offices for a term of two years, and all other officers for a term of one year; provided, at the first annual election after the organization of any city there shall be two councilmen and two members of the board of education elected from each ward, one of whom shall

27. See sections 111 and 304 of this book for power to condemn schoolhouse sites.

28. It is unconstitutional to collect tuition from pupils of the school district as provided in section 170. (See Board of Education v. Dick, 70 Kan. 434.)

serve for one year and one for two years, and one councilman and one member of the board of education shall be elected from each ward at each annual election thereafter; provided, that no member of the board of education shall be a member of the council, nor shall any member of the council be a member of the board of education; provided further, that any person elected to the office of justice of the peace may also be elected to and hold the office of police judge; and provided further, that in cities having a population of over 10,000 inhabitants the board of education shall consist of six members only, two of whom shall be elected in such cities on the first Tuesday of April of each year. There shall be elected in such cities, on the first Tuesday of April, 1885, six members of the board of education, two of whom shall serve for one year, two for two years, and two for three years, and at the annual election every year thereafter two members of the board of education shall be elected for the term of three years. (Laws 1907, ch. 125, sec. 1.)

NOTE. The provision of section 174 relating to the election of members of the board of education was repealed by chapter 267, Laws of 1911. (Sections 102 to 104 of this book.)

SEC. 175. Duties of Treasurer. [7606] The treasurer shall prepare and submit in writing a monthly report of the state of the finances of the district; and shall, when required, produce at any meeting of the board, or any committee appointed for the purpose of examining his accounts, all books and papers pertaining to his office; he shall pay moneys only upon a warrant signed by the president, or in his absence by the vice president, and countersigned by the clerk; and shall execute a bond in such sum as the board may require, with sufficient sureties, to be approved by the board, conditioned for the faithful discharge of his duties of treasurer to such board. (Laws 1876, ch. 122, art. 11, sec. 15.)

SEC. 176. Annual School Tax. [7608] That the board of education in cities of the second class shall, on or before the 15th day of July of each year, levy a tax for the support of the schools of the city for the fiscal year next ensuing, not exceeding in any one year twenty mills29 on the dollar on all personal, mixed and real property within the district which is taxable according to the laws of the state of Kansas, which levy the clerk of the board shall on or before August 1 certify to the county clerk, who is hereby authorized and required to place the same on the tax-roll of said county, to be collected by the treasurer of the county as are other taxes, and paid over by him to the treasurer of the board of education, of whom he shall take a receipt in duplicate, one of which he shall file in

29. Limited to six mills by Laws 1913, ch. 326, sec. 1 (section 177 of this book). (See, also, section 178 of this book.)

his office and the other he shall forthwith transmit to the clerk of the board of education. (Laws 1905, ch. 399, sec. 1.)

SEC. 177. Limitation of Levy; Indebtedness. That section 23 of chapter 245, Laws of 1909, being section 9416 of the General Statutes of 1909, is hereby amended so as to read as follows: Sec. 23. The authority of boards of education in cities of the second class to levy taxes, as provided in chapter 399, Laws of 1905, is hereby limited so that the board of education of any such city shall not fix a rate of levy for the support of the schools of the city in excess of six mills; provided, that in cities of the second class in which the schools have a floating indebtedness of ten thousand dollars or more, the board of education may in addition to said levy for the support of said schools levy not in excess of six mills for the payment of said indebtedness, until said indebtedness is paid. (Laws 1913, ch. 326, sec. 1.)

SEC. 178. Limitation of Levy in Certain Cities. The authority of boards of education in cities of the second class having an assessed valuation of less than one million dollars to levy taxes as provided in section 7608 of the General Statutes of 1909 is hereby limited so that the board of education of any such city shall not fix a rate of levy for the support of the schools of the city in excess of nine mills. (Laws 1911, ch. 265, sec. 1.)

SEC. 179. Taxable Property. [7609] The taxable property of the whole city, including the territory attached for school purposes, shall be subject to taxation. All taxes collected for the benefit of the schools shall be paid in money, and shall be placed in the hands of the treasurer, subject to the order of the board of education. (Laws 1876, ch. 122, art. 11, sec. 19.)

SEC. 180. Oath of Office. [7622] Each member of the board of education and officer provided for in this article shall take and subscribe an oath or affirmation to support the constitution of the United States, the constitution of the state of Kansas, and faithfully perform the duties of his office. The oath and bond of the clerk shall be filed with the treasurer. All other oaths and bonds shall be filed with the clerk. (Laws 1876, ch. 122, art. 11, sec. 32.)

SEC. 181. Meetings of Board. [7610] The regular meetings of the board of education shall be upon the first Monday of each month, but special meetings may be held from time to time, as circumstances may demand. (Laws 1876, ch. 122, art. 11, sec. 20.)

SEC. 182. Annual Report. [7611] The board of education, at the close of each school year or as soon thereafter as practicable, shall make an annual report of the progress, prosperity, and condition, financial as well as educational, of all the

schools under their charge; and said report, or such portion of it as the board of education shall consider of advantage to the public, shall be printed either in a public newspaper or in pamphlet form. (Laws of 1876, ch. 122, art. 11, sec. 21.)

SEC. 183. Expenditures and Contracts. [7612] No expenditures involving an amount greater than $200 shall be made except in accordance with the provisions of a written contract, and no contract involving an expenditure of more than $500 for the purpose of erecting any public buildings or making any improvements shall be made except upon sealed proposals, and to the lowest responsible bidder.30 (Laws 1876, ch. 122, art. 11, sec. 22.)

SEC. 184. Sectarian Doctrine. [7613] No sectarian doctrine shall be taught or inculcated in any of the public schools of the city; but the Holy Scriptures, without note or comment, may be used therein. (Laws 1876, ch. 122, art. 11, sec. 23.)

SEC. 185. Bonds. That section 1 of chapter 260 of the Session Laws of Kansas for 1911 and the same is hereby amended to read as follows: Sec. 1. That whenever it shall become necessary for the board of education of any city of the second class to provide funds for the purchase of a school site or sites, or to erect a suitable building or buildings thereon, or to fund any bonded indebtedness or any floating indebtedness which may at the present exist in the public schools of said cities of the second class, it shall be lawful for the board of education of any such city of the second class, to borrow money, for such purposes; and for such purpose or purposes the said board of education is hereby authorized and empowered to issue bonds bearing a rate of interest not exceeding five per cent per annum, payable annually or semiannually at such time and place as may be mentioned on the face of the bonds, which shall be payable in not more than twenty years from their date, and the board of education is hereby authorized and empowered to sell such bonds at not less than their par value; provided that no such bonds except refunding bonds shall be issued until the question of issuing the same shall be submitted to a vote of the people, and a majority of the qualified electors, male and female, who shall vote on the question at any election called for that purpose shall have declared by their votes in favor of issuing bonds; provided further, that the total indebtedness of the said board of education shall not thereby be increased to an amount exceeding two and onefourth per cent of the authorized valuation of the territory within the jurisdiction of said board of education; provided further, that the board of education of cities of the second

30. A member of the board can not legally enter into contract with the board to furnish supplies for the schools under said board's control nor to perform any service for said board for which said member draws pay. (See section 377 of this book.)

class may issue bonds at any time without such election to pay outstanding warrants or floating indebtedness which may exist at the passage of this act; and such board of education may issue at any time a bond for a sum not greater than ten hundred dollars to raise money to pay for needful repairs on school buildings or heating plants for the public school buildings, if the state school superintendent shall approve in writing such issue of bonds for floating indebtedness and for the purposes in the above proviso; provided, it shall not at any time exceed an aggregate amount of the sum of five thousand dollars; provided further, that the right granted herein to boards of education to issue bonds without such election shall not be construed to authorize an issue of bonds which, with those of the same kind already outstanding, shall exceed one-half of one per cent of the assessment for taxation, as shown by the last finding and determination of the proper board of education. (Laws 1913, ch. 270, sec. 1.)

SEC. 186. Limit of Bonds in Certain Cities. That any school district within whose limits is located a city of the second class with a population of not less than 2000 nor more than 2500 and that has an assessed valuation of not less than $2,000,000 nor more than $2,500,000, and that has a school population of not less than 725 nor more than 800, and has in its treasury a sum of not less than $3000, and the board of education for said district shall by vote request the mayor of said city to submit to the qualified electors of said district the question of voting bonds for 2 per cent of the total valuation for the erection of school buildings, said proposition shall be submitted to the electors of said district in the manner provided by law, and if a majority of the electors of said district voting on said proposition shall vote for said bond issue, the board of education of said district shall issue bonds of the district in the manner provided by law, in an amount not in excess of 21 per cent of the total taxable valuation of said district for the purpose of building and equipping school buildings within said district. (Laws 1915, ch. 306, sec. 1.)

SEC. 187. Bond Election. [7615] It shall be the duty of the mayor of each city governed by this act, upon the request of the board of education, forthwith to call an election, to be conducted in all respects as are the elections for city officers in the same cities, except that the returns shall be made to the board of education, for the purpose of taking the sense of such district upon the question of issuing such bonds, naming in the proclamation of such election the amount of bonds asked for, and the purpose for which they are to be issued. (Laws 1876, ch. 122, art. 11, sec. 25.)

SEC. 188. Execution of Bonds. [7616] The bonds, the issuance of which is provided for in the foregoing section,31 31. Section 187 of this book.