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LAWS RELATING TO THE COMMON SCHOOLS
NOTE.—The figures enclosed in brackets, thus , refer to the paragraph numbers in the General Statutes of 1909; the section numbers, beginning on this page, are in consecutive order, as a simple reference to the School Laws of 1911. For example: If it is desired to quote a section of the law, reference should be stated thus : "Section School Laws of 1911; paragraph - General Statutes of 1909.'
Official opinions will be found in the notes at the bottom of the pages.
ARTICLE I.-SCHOOL-DISTRICT BONDS. 81. Purposes for which district bonds may $13. Final disposition of paid bonds and be issued, and restrictions concern
coupons. ing the same.
14, 15. Bonds belonging to the state per2. Bond elections; notices of, and how
manent school fund may be paid conducted.
or refunded before maturity. 3. Denominations, rates of interest, and 16. Payment of bonds belonging to the disposal of bonds.
state permanent school fund to be 4. Limitations modified.
made to the state treasurer. 5. Authority of school-fund commissioners. 17. State treasurer to inform county and 6. Application to vote additional bonds.
city treasurer of bonds belonging 7. Hearing of application.
to state permanent school fund. 8. Bonds must be registered.
18. Remittance of funds to state treasurer. 9. Sinking-fund, how provided and in- 19. Bonds to be canceled by state treas
vested. 10. Interest credited to sinking-fund.
20. Penalty for city and county treasurers 11. Sinking-fund invested in bonds.
refusing to act. 12. Penalty for issuing bonds without au
thority, and for misappropriation of
the proceeds. SECTION 1. School-district Bonds. [7631.] That for the purpose of erecting or purchasing one or more schoolhouses in and for any school district in the state of Kansas, the board of directors of the same shall have power to issue the bonds of the district in an amount not to exceed one and one-half per cent of its taxable property, as shown in the last assessment thereof;; provided, that this limitation shall not apply to bonds heretofore legally voted. And for the purpose of extending the time of payment of the bonded indebtedness of any school district, the board of directors of the same shall have power to issue the bonds of the district in a sum not to exceed in amount its outstanding bonded indebtedness; provided, that no such bonds shall be issued until at an election4 called for that purpose the question shall have been submitted
3. Bonds issued to pay indebtedness already contracted are illegal. School-district bonds cannot be issued except for the purpose of erecting or purchasing one or more schoolhouses. An addition to a schoolhouse is included in the term “erecting or purchasing one or more schoolhouses,” and bonds may be voted legally for this purpose. 4. The Australian ballot law does not apply to school-bond elections. to the qualified electors of the district, and a majority of all the qualified electors voting on the proposition shall have declared by their ballots in favor of issuing of the same; and provided further, that no such election shall be ordered unless a petition, stating the purpose for which the bonds are to be issued, and signed by at least one-third of the qualified electors of said district, shall have been presented to the district board praying that a vote be taken for the issuing of such amount of bonds as may be asked for therein; and provided further, that it shall be unlawful for any school district to create any bonded indebtedness unless there are at least fifteen persons between the ages of five and twenty-one years actually residing within the limits thereof, as shown by a sworn census return, taken by the direction of the board of directors of such school district.5 (Laws 1909, ch. 62, sec. 4.)
SEC. 2. Election. [7632.] Whenever such a petition, so signed, shall be presented to the board of directors of any school district, praying that a vote be taken on the question of issuing the bonds of the said district, it shall be the duty of the district board immediately to order an election for the purpose of determining the question of the issuing of bonds as prayed for, and forthwith to give notice, by posting written or printed notices, signed by the clerk, in five of the most public places in the district, which notices shall be posted up at least ten days before such election, and shall state therein the object for which the election was called and the manner in which the question shall be voted upon. That said election shall be conducted in all respects as are general elections under the laws of the state, except that females of the age of twenty
5. Build Schoolhouse. School districts having less than fifteen children of school age within their limits are, by the terms of the law providing for the issuance of school-district bonds, prohibited and debarred from raising funds for the building or purchase of schoolhouses by the issuance of school-district bonds. Such school districts can provide funds for the building of schoolhouses by issuing school-district warrants, to the extent and within the limitation of section 7407, General Statutes of 1909 (section 487 of this book), but not otherwise. It is within the power of school districts, under said section, to vote a tax annually, not exceeding two and one-half per cent on the taxable property in the district, for school purposes, and to distribute such portion of the amount of such tax as the school meeting shall deem proper for the purpose of building, hiring or purchasing a schoolhouse for the district. Beyond this the district cannot go. School warrants for building schoolhouses cannot be issued in excess of the amount authorized by law, upon the expectation that in subsequent years the school district will provide funds for the payment of the same by taxation.
6. Ten days should intervene between the date of posting the election notices and the day of the election, without counting either of the two dates.
7. The utmost care should be had in complying with the law in every detail; otherwise the bonds may be invalid or their sale affected by their unfavorable history.
one years shall be entitled to vote at all such elections, subject only to the exceptions applied to males; and the returns of the election shall be the same, except that they shall be made to the district board. (Laws 1879, ch. 49, sec. 2.)
SEC. 3. Issuance. '[7633.] The bonds herein provided for shall be issued in denominations of not less than $100 nor more than $500 each ;8 they shall bear interest at a rate not to exceed six per cent per annum, payable semiannually on the 1st days of January and July of each year, at such place as shall be designated in the bonds, the principal of the bonds being made payable within fifteen years from their date. These bonds shall specify on their face the date of issue, amount, for what purpose and to whom issued, the time they run, the rate and times of payment of interest, and shall have coupons attached for the interest as it becomes due, said coupons being so arranged that the last one shall fall due at the time of the maturity of the bond. Said bonds and the coupons thereto attached shall be signed by the director and countersigned by the clerk, and after registration by the county clerk shall be negotiable and transferable by delivery, and may be disposed of by the district board at not less than ninety-five cents on the dollar, and the proceeds of the same applied as provided for in the petition at which issuance of the bonds was authorized. (Laws 1879, ch. 49, sec. 3.)
SEC. 4. Limitations Modified. [Laws 1911, ch. 257, sec. 1.] The limitations placed by the statutes upon the voting of bonds in cities and school districts for the purpose of erecting school buildings may be modified as in this act provided.
SEC. 5. Authority of School-fund Commissioners. [Laws 1911, ch. 257, sec. 2.] The Board of School-fund Commissioners of the state of Kansas is hereby authorized and empowered to make an order authorizing any city or school district to vote bonds for the purpose of erecting school buildings to an amount of not more than fifty per cent in excess of, and in addition to, the amount of bonds that may be voted under laws now in force.
SEC. 6. Application to Vote Additional Bonds. [Laws 1911, ch. 257, sec. 3.] The power of the said Board of School-fund Commissioners herein may be invoked by the filing with it of an application by the board of education of a city or by the school-district board of a school district that the permission of the said Board of School-fund Commissioners be given for the voting and issuance of additional bonds as provided in the preceding section. The said application shall be accompanied by a petition to the board of education or the school-district board, signed by not less than one-half of the number of elec
8. Bonds should be issued in denominations of $100, $200, and $500, tə conform to the printed bonds furnished by the School-fund Commissioners to districts.
tors who may be entitled to vote for an issuance of bonds under the laws in force at the time of the taking effect of this act, requesting that an application as hereinbefore provided shall be filed with the said Board of School-fund Commissioners. Notice of the intention to file such application shall be given to the electors by a publication in the official county paper, in form to be prescribed by the said Board of Schoolfund Commissioners; and the said board shall also prescribe all rules and regulations which may be found necessary to properly carry out the provisions of this act, including rules in relation to the evidence required in support of the application and the method of furnishing such evidence.
SEC. 7. Hearing of Application. [Laws 1911, ch. 257, sec. 4.] The said application shall be heard by the Board of School-fund Commissioners upon a day fixed, and the board of education or school-district board be so notified; and which hearing shall be at the county seat of the county whence the application comes; and the said board shall make an order either granting or denying said application; and if the order made shall grant the application and call for an election to vote upon the question of issuing said increased amount of bonds, the election so called shall be held in all respects as is provided by laws in operation at the time of the taking effect of this act, and any bonds so voted and issued pursuant to such election shall be in all respects legal and valid bonds of the city or school district which votes and issues them.
SEC. 8. Registration. [7634.] Before delivering any school-district bonds, the board of directors of the district issuing the same shall cause them to be registered with the clerk of the county in which the said district is located. And it shall be the duty of the county clerk, on presentation of any school bonds for registry, to register the same in a book prepared for that purpose, which register shall contain (1) the number of the district; (2) the number of the bond; (3) date of bond; (4) to whom payable; (5) when [where] payable; (6) when due; (7) when interest is due; (8) amount of bond. The county clerk shall furnish one copy of his register to the county treasurer, and forward one copy to the state superintendent, together with a statement showing, (1) the number of sections of land in the district issuing such bonds; (2) the number of acres of land assessed and subject to taxation in said district; (3) the assessed valuation of taxable lands; (4) the assessed valuation of all personal property in such district; which statement shall be signed by each member of the school board issuing the bonds, and the county clerk shall certify under the official seal of his office to the correctness of the statement and the genuineness of the signatures attached thereto. (Laws 1879, ch. 49, sec. 4.)
SEC. 9. Interest and Sinking-fund. [7635.] It shall be the duty of the board of county commissioners of each county to levy, annually, upon all the taxable property in each district in such county, a tax sufficient to pay the interest accruing upon any bonds issued by such district, and to provide a sinking-fund for the final redemption of the bonds, such levy to be made with the annual levy of the county and the taxes collected with the other taxes, and when collected shall be and remain in the hands of the county treasurer, a specific fund for the payment of the interest upon such bonds, and for their final payment at maturity;9 provided, that moneys in the hands of the county treasurer belonging to the sinking-fund of the several school districts in such county shall be invested by the county treasurer, (1) in the bonds of the district to which said sinking-fund belongs, provided such bonds can be purchased at a price not exceeding their market or par value; (2) in the bonds of other school districts of this state maturing before the bonds for which such fund is raised, provided the same can be purchased at a price not exceeding their market or par value; (3) in the bonds of the state of Kansas, or of the United States. (Laws 1879, ch. 49, sec. 5.)
SEC. 10. Interest Credited to Sinking-fund. [Laws 1911, ch. 288, sec. 1.] That whenever any city, township or school district sinking-fund shall amount to $500 and shall have been in the hands of the county treasurer for the period of one year, it shall be the duty of such treasurer, and he is hereby required, to credit any such sinking-fund with its proportional share of the interest thereafter accruing from the deposit by such treasurer of the public moneys in banks as provided by law, and thereafter such interest shall belong to and be a part of such sinking-fund, and the same shall no longer belong to the county.
SEC. 11. Sinking-fund Invested in Bonds. (Laws 1911, ch. 287, sec. 1.] That the proper officers having charge and control of any moneys which have been or may hereafter be levied and collected as a sinking-fund' to redeem the outstanding bonds of any county, township, city or school district, may invest such sinking-fund by purchasing the bonds of any county, township, city or school district within the state of Kansas, subject to the following conditions: First, no such bonds shall be purchased unless the same shall be accompanied by a certificate of the attorney-general of the state of Kansas, in accordance with section of chapter 110 of the General Statutes of 1909 of the state of Kansas, showing such bonds to be acceptable as security for deposits of state funds under the state depository law. Second, no such bonds shall be purchased under this act which shall not mature and become due at or prior to the time fixed for the payment of the bonds for which
9. Sinking-fund cannot legally be used in payment of any other obligation than that for which it was levied.