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CHAPTER XXV. -PUBLIC SCHOOLS IN CITIES OF THE FIRST,

SECOND AND THIRD CLASS.

8381. Right of eminent domain.
382. Commissioners to appraise and con-

demn property.
383. Notice; report.
384. Title to land; appeal.

$385. Costs.
386. County high schools.
387. Depositories for funds, cities of sec-

ond and third class.

SECTION 381. Right of Eminent Domain. [7859.] That the right of eminent domain be and the same is hereby conferred upon the boards of education of all cities of the first and second class, all such boards having always been distinct bodies corporate, possessing the usual powers of bodies of [or] corporations for public purposes, and any school district in which is located a city of the third class. (Laws 1909, ch. 86, sec. 1.)

SEC. 382. Commissioners to Appraise and Condemn Property. [7860.] Whenever it shall be deemed necessary by the board of education of any city of the first or second class or any school district in which is located a city of the third class to appropriate any private property for its use for sites for school buildings, playgrounds, or any addition or extension to any school building site or playground already selected, the board of education of such city or such school board shall cause a survey, description and plat of the land so required to be made and filed with its clerk, and thereupon shall make an order declaring that the appropriation of such land is necessary and setting forth for what purposes the same is to be used. Upon the written application of the board of education of said city or school board of any school district in which is located a city of the third class, or a majority of the board, it shall be the duty of the judge of the district court of the county in which such land is situated to appoint three disinterested freeholders of such county as commissioners to condemn and appraise such lands, which appointment shall be in writing and certified to said board of education or school board, and said board shall without delay cause such application and certificate of the appointment to be recorded in the office of the register of deeds of such county; and in case any person so appointed refuses or fails to serve as such commissioner for any reason, the said district judge, upon the application of such board, shall appoint some other person having the proper qualifications to fill such vacancy. Such commissioners shall be sworn honestly and faithfully to perform their duties; and such commissioners shall proceed immediately after their appointment to condemn and appraise the value of the lands so selected. (Laws 1909, ch. 86, sec. 2.)

SEC. 383. Notice; Report. [7861.] Such commissioners shall give at least thirty days' notice of the time and place when and where the damage will be assessed, by publication for three consecutive weeks in some newspaper of general circulation published in such county that on the time fixed by such notice they will upon actual view appraise the value of the lands taken and assess' any other damages to the owners thereof. Such notice shall describe the property taken and the name or names of the owner if known. The said commissioners may adjourn as often and for such length of time as may be deemed convenient, and may during any adjournment perfect and correct all errors or omissions in the giving of notice by making new publication, citing corporations or individual property owners who have not been notified, or if defective or insufficient notice has been given, a notice of any adjourned meeting shall be as effective as notice of the first meeting of the commissioners, and the commissioners shall, upon completing their duties, make and sign a report describing the land so condemned, the purpose for which it was condemned, and the appraised value thereof, which report shall be by them filed in the office of the city clerk of the city or clerk of said school district in which such land is located. And such city clerk or clerk of said school district shall immediately cause a certified copy of such report to be filed in the office of the register of deeds of the county in which such land is situated, and by such register duly recorded as other instruments of writing affecting the titles to real estate. (Laws 1909, ch. 86, sec. 3.) SEC. 384. Title to Land; Appeal. [7862.]

[7862.] Such city clerk or clerk of such school district shall immediately cause a certified copy of such report to be filed with the clerk of such board of education or clerk of said school district. If within thirty days after such report is filed in the office of the city clerk or clerk of said school district the board of education or said school board shall pay to the county treasurer for the use of the owner of such land the amount of the appraised value thereof, the title to such land so condemned and appropriated shall immediately vest in such board of education of said school district, which shall have the right forthwith to take possession of, occupy, use and improve the same. Either party, the owner of the land or the board of education of said school district, may appeal from such appraisement to the district court in the same time and manner that appeals are taken from the judgments of justices of the peace in civil actions, except as provided in the following paragraph: The appeal bond shall be filed with and approved by the clerk of the district court in which said land so condemned and appropriated is situated, and such clerk or clerk of said district shall immediately make a transcript of the report of such commissioners and such bond and file the same with the clerk of the district court of the county in which said lands are located. (Laws 1909, ch. 86, sec. 4.)

SEC. 385. Costs. [7.863.] That all costs and expenses of such condemnation proceedings shall be paid by such board of education or such school board out of its school fund. (Laws 1909, ch. 86, sec. 5.)

SEC. 386. County High Schools. [7864.] The provisions of this act shall also apply to and include boards of trustees of county high schools now or hereafter organized in the state of Kansas. (Laws 1909, ch. 86, sec. 6.)

SEC. 387. Depositories for Funds, Cities of Second and Third Class. [851.] That in all cities of the second and third classes the city treasurer, and also the treasurer of the board of education of cities of the second class, and the treasurer of the school board of any district in which there is a city of the third class, shall deposit all public moneys coming into their hands in their official capacity in some responsible bank or banks within said city, the same to be designated by the mayor and councilmen of such cities, and in the case of such school funds said depositories to be designated by the board of education or school board, as the case may be, in such city. Such deposit shall be made in the name of such treasurer, as such officer, and such banks shall pay such interest on average daily balances as may be agreed upon, figured on even hundreds of dollars; provided, that in no case shall the rate of interest be less than two per centum per annum on such average daily balances; and provided further, that where more than one bank is designated as depository for any fund, such fund shall be equally divided by the treasurer of such fund among such banks. Before making such deposits the mayor and councilmen, the board of education or school board, as the case may be, shall take from such bank or banks a good and sufficient bond, payable to such city, board of education, or school board, as the case may be, the same to be approved by such mayor and councilmen, or board of education, or school board, as the case may be, in a sum double the largest approximate amount that may be on deposit at any one time, or the bond of some surety company empowered to do business in the state of Kansas in a sum aggregating the largest approximate sum that may be on deposit at any one time, conditioned that such deposit shall be promptly paid on the check or draft of the treasurer of such city, board of education or school board, and the bondsmen of such treasurer shall not be liable for money so deposited; but in no case shall more than one-half of the amount of said depository bond be subscribed by the officers of said bank, and such bank or banks shall on the first day of each month file with the clerk of such city, board of education or school board, as the case may be, a statement of the amount of money on hand at the close of business each day during the previous month and the amount of interest accrued thereon to said date. (Laws 1909, ch. 89, sec. 1.)

CHAPTER XXVI.—PUBLIC SCHOOLS IN CITIES OF THE

FIRST CLASS.

$388. Cities of the first class defined.
389. Attachment of adjacent territory.
390. Powers and duties of board of ed-

ucation.
391. Duty of president.
392. Duty of vice-president.
393. Clerk shall execute bond; oath of

office. 394. Treasurer, duty of. 395. Board not to receive pay. 396. Vacancy in committee, how filled. 397. Annual levy of taxes. 398. All school taxes shall be paid in

money. 399. Limitation of levy. 400. The whole city shall compose a school

district. 401. All city school property shall be

vested in the board. 4v2. Sale or conveyance of school property. 403. Meetings of the board, when held. 101. Annual report of the board shall be

published, when and how. 405. Restrictions regarding expenditures. 406. No sectarian doctrine shall be taught

in the city schools.

8407. City school property exempt from

taxation. 408. For what purpose the board may

issue bonds. 409. Bond election ; limitation. 410. Date, rate, maturity, and attest. 411. Annual levy for interest and sinking

fund. 412. Sinking-fund, how used and em

ployed. 413. Interest to be paid, when. 414. Payment of interest and principal,

how secured. 415. The clerk shall register bonds issued

by the board. 416. Refunding outstanding bonded debt. 417. Registration of funding bonds. 418. Annual levy of tax to pay interest

and principal of funding bonds. 419. Penalty for neglecting or refusing .

to levy bond tax. 420. Use of money levied and collected

under this act. 421. Elections under commission system.

SECTION 388. Defined.

Defined. [7554.] All cities of more than 15,000 inhabitants shall be governed by the provisions of this act. (Laws 1876, ch. 122, art. 10, sec. 1.)

SEC. 389. Attachment of Adjacent Territory. [Laws 1911, ch. 93, sec. 1.] Territory outside the city limits of any city of the first class, but adjacent thereto, may be attached to such city for school purposes, upon the application being made to the board of education of such city by a majority of the electors of such adjacent territory; and upon the application being made to the board of education they shall, if they deem it proper and to the best interests of the school of said city and territory seeking to be attached, issue an order attaching such territory to such city for school purposes and to enter the same upon their journal, and such territory shall from the date of such order be and compose a part of such city for school purposes only, and the taxable property of such adjacent territory shall be subject to taxation and bear its full proportion of all expenses incurred in the erection of school buildings and in maintaining the schools of said city. Such territory shall be attached to the several wards of such city contiguous thereto as shall be determined by the board of education of any such city, and when so attached shall remain parts of such for school purposes only. Persons residing upon such attached territory and possessing the qualifications of electors under the laws of the state of Kansas shall be qualified to vote at an election held in any such city for school purposes only in any such ward of such city to which such territory shall

be attached, and official ballots shall be printed for such attached territory to such wards as in other cases.

Note.-See sections 371-380 for the organization and election of boards of education in cities of the first class.

SEC. 390. Powers and Duties of the Board. [7584.] The board of education shall have power to elect their own officers, make all necessary rules for the government of the schools of such city under its charge and control and of the board, subject to the provisions of this act and the laws of this state; to organize and maintain separate schools for the education of white and colored children, including the high schools in Kansas City, Kan.; no discrimination on account of color shall be made in high schools, except as provided herein; to exercise the sole control over the public schools and school property of such city; and shall have the power to establish a high school or high schools in connection with manual training and instruction or otherwise, and to maintain the same as a part of the public-school system of said city. (Laws 1905, ch. 414, sec. 1.)

SEC. 391. President. [7563.] It shall be the duty of the president to preside at all 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 city treasurer for school moneys. (Laws 1876, ch. 122, art. 10, sec. 6.)

SEC. 392. Vice President. [7564.] 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. 10, sec. 7.)

SEC. 393. Bond of Clerk. [7566.] 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 securities, to be approved by the board, and shall take and subscribe an oath or affirmation before a proper officer that he will support the constitution of the United States, the constitution of the state of Kansas, and faithfully perform the duties of his office. (Laws 1876, ch. 122, art. 10, sec. 9.)

SEC. 394. Treasurer. [Laws 1911, ch. 95, sec. 1.] That section 7567 is amended to read as follows: Sec. 7567. The treasurer of the city shall be ex officio the treasurer of the board of education, and shall give such bond to the board of education as the board may require, said bond to be approved by the board of education and filed with its clerk. It shall be the duty of the treasurer to deposit daily all money belonging to the board of education in some responsible bank, to be designated by the board of education, in the name of such treasurer as such officer, which bank shall pay interest on monthly average balances as may be agreed upon by such bank and the board of education; and before making such deposits the board of edu

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