CHAPTER 3. AN ACT TO MAKE THE TERRITORY WITHIN THE TOWN The General Assembly of North Carolina do enact: SECTION 1. That the town of Lincolnton shall be and constitute Graded school district. a public school district, to be called Lincolnton Graded School District. SEC. 2. That the Graded School Committee of the Town of Lin- School committee. colnton as set forth in section one of this act shall consist of three members, as now required by the general school law, and that E. Love, R. M. Roseman and W. W. Motz shall constitute said Committee named. committee; that the term of W. W. Motz shall expire on the first Terms of office. Monday of June, one thousand nine hundred and seven; that the term of R. M. Roseman shall expire on the first Monday of June, one thousand nine hundred and eight; that the term of E. Love shall expire on the first Monday of June, one thousand nine hundred and nine. As the terms of office of the members of said com- Terms of future committeemen. mittee as above provided shall expire their successors shall be elected for a term of five years by the Aldermen of the Town of Lincolnton at their first meeting after their election and qualification. Whenever any vacancy occurs in said committee, except by Vacancies filled by committee. expiration of the term of office, the vacancy for the unexpired term of the member or members shall be filled by the said committee. exclusive control. of officers and SEC. 3. That the school committee provided for by this act shall Committee to have have exclusive control of the public school interests, funds and property in the graded school district as hereinbefore provided; shall prescribe rules and regulations for their own government To prescribe rules and regulations. not inconsistent with law; shall fix the compensation of officers Fix compensation and teachers of public or graded schools annually, subject to re- teachers. moval by the said committee; shall make an accurate census of School census. the school population of said district, as required by the general school law of the State, and do all other acts that may be lawful and proper to conduct and manage the general school interests within said district: Provided, all children resident in said dis- Tuition free. trict between the ages of six and twenty-one years shall be admitted into the said school free of tuition charges. ers and issue SEC. 4. The school committee created by this act may elect Committee to elect superintendent. annually a superintendent of the school. The said superintendent Superintendent shall examine all applicants for teacher's position in the said to examine teachschool and issue certificates to the same, and shall do and perform certificates. such other duties as may be prescribed by said school committee. SEC. 5. That it shall be the duty of the Board of Aldermen of the Town of Lincolnton to levy annually at their meeting in June Special school tax. a tax of not more than thirty cents on the one hundred dollars Rate. To be paid to treasurer of committee. Proviso: tax to be authorized by majority of voters. General school fund turned over to graded school. Committee to elect treasurer. valuation of property in said school district and not more than one dollar and fifty cents on each poll in said district for the support and maintenance of the public graded school in said district; the amount to be levied each year by said board of aldermen to be determined by the said graded school committee, and the amount so determined and certified by said committee shall be levied by the board of aldermen, and the taxes so levied shall be collected by the town tax collector and accounted for as other taxes, but shall be paid to the treasurer of said school committee as collected; and the said board of aldermen are hereby given full power and authority to levy said tax upon the property and polls within said district: Provided, the right to levy and collect this said tax shall be authorized by a majority of the qualified voters in said district as is provided by this act. SEC. 7. That the moneys which shall from time to time be apportioned under the general school law of the State to the abovedescribed school district shall be turned over by the Treasurer of Lincoln County to the treasurer of the said school committee for the benefit of said school. SEC. 8. The said school committee shall elect one of their number as treasurer, whose receipt for such moneys shall constitute a sufficient voucher in the hands of any person paying the same, and the said treasurer shall report monthly to the said school committee his receipts and disbursements, with all vouchers for the same. The moneys received as aforesaid and all other moneys coming into his hands shall be held by the treasurer of said committee as a fund to be disposed of under the direction of the aforesaid school committee, whose warrants, signed by the chairman and countersigned by the secretary of said committee, shall be the only valid vouchers in the hands of said treasurer for the disbursement of said money in any settlement required of him by the law. The said treasurer shall furnish annually, on the first Monday of July, to the board of aldermen a statement in writing of his receipts and disbursements of the school money, properly and duly audited and approved by the chairman and secretary of the school committee: Provided, the accounts, books and vouchers of the open for inspection. said treasurer shall be open for the inspection of the said school committee at any time. School vouchers. Treasurer to file statement. Proviso: books Committee to make report. Report sent to State and county superintendent. SEC. 9. That the said committee shall make to the board of aldermen annually, at such time as is required under the school law of the State, a report containing an accurate census of the school population of the said district, showing the work done, any money expended under their direction in the said district on account of public schools therein, a copy of which report shall be forwarded to the Superintendent of Public Instruction of the State and a copy to the Superintendent in the County of Lincoln. Formal enumera SEC. 10. The beginning and ending of the school year shall be School year. fixed by the committee. The school committee hereby created shall Committee incorporated. be a body corporate by the name and style of the Lincolnton Name. Graded School Committee, and by that name shall be capable of tion of corporate receiving gifts and grants, of making purchases and of holding real rights. and personal estate, of selling, mortgaging and transferring the same for school purposes, of prosecuting and defending suits for or against the corporation hereby created. Conveyance to said school committee shall be to them and their successors in office, and all deeds and other agreements affecting real estate shall be deemed sufficiently executed when signed by the chairman and secretary of said committee. SEC. 11. That for the purpose of improving and enlarging and Election to be held properly furnishing the present academy building in said town on bond issue. the Board of Aldermen of said Town of Lincolnton are hereby authorized and empowered, and it shall be their duty, to submit to the qualified voters of said town a proposition to issue not more than three thousand dollars in coupon bonds of said town, said proposition to be submitted to the said voters at the municipal election in one thousand nine hundred and six. SEC. 12. That notice of the said election shall be published in a Notice of election. newspaper published in said town for four weeks, at the court house door and five other places in said town. SEC. 13. Said notice shall contain the amount proposed to be bor- What notice to contain. rowed, the rates of interest, the time at which the bonds are to become due, and the objects to which the same is to be applied, and said proposition shall provide for the payment.of the interest town law on said bonds. That said election shall be held as other municipal Election under elections as provided for in the charter of the town. SEC. 14. That the vote on the said proposition shall be by ballot, Vote by ballot. which shall be written or printed, and those voting for the issuing of the bonds shall have written or printed on their ballots "For Form of ballots. Schools," and those voting against the proposition shall have writ ten or printed on their ballots "Against Schools." SEC. 15. That if the proposition shall be adopted by a majority of the qualified voters of the said town the board of aldermen Bonds to be issued. shall cause bonds to be issued in the name of the town of Lincoln- Denominations. ton, in such denominations as they may deem best, bearing six Interest. per centum interest, payable semi-annually and payable at such time as shall be designated in the proposition submitted. The How attested. SEC. 16. That when said bonds are issued the board of aldermen Committee to sell Special tax for interest and sinking fund. Election for special tax. Vote by ballot. Proviso: defeat of tax proposition not to invalidate other provisions. Special tax election on petition. School committee to control school property. said bonds are issued, to providę by taxation on all of the subjects of taxation within the corporate limits of said town to meet the interest on said bonds and the principal as the same may become due. SEC. 17. The Board of Aldermen of the Town of Lincolnton shall at the same time and in the same manner submit to the qualified voters of said town the question of levying a tax for the maintenance and support of said graded school as provided for in this act. The vote on said proposition shall be by ballot, upon which shall be written or printed the words "For Levy," and upon others "Against Levy"; and if a majority of the registered vote shall have been cast "For Levy," then the said board of aldermen shall levy said tax as provided for in this act. Should a majority of the ballots cast have written or printed on them "Against Levy," then the said board of aldermen shall not levy said tax until the same is again submitted to the qualified electors of said town for the approval and adoption by a majority of the votes as above provided for: Provided, that in no event shall the proposal to levy said tax in any way affect the other provisions of this act so as to make the same void or inoperative, should the proposition to levy said tax for the support and maintenance of said graded school be defeated at any election at which the same may be submitted to a vote of the qualified electors of said town as hereinabove set forth. SEC. 18. That the said Board of Aldermen of the Town of Lincolnton, upon the written petition of one-half of the qualified voters of said .town, shall submit the question of levy or no levy as above set forth at any annual municipal or special election called by them for that purpose, after public advertisement of the same in the newspapers published in said town, under the same rules and regulations now provided for for annual municipal elections. SEC. 19. The school committee provided for by this act shall have the right to control the site, lands, buildings and other property belonging to the Piedmont Seminary, and the title thereto is hereby vested in said committee and their successors, and said school committee shall succeed to all the rights given and belonging to the trustees of the Piedmont Seminary under and by virtue of the act incorporating the same. SEC. 20. All laws or parts of laws in conflict with this act are hereby repealed. SEC. 21. This act shall be in force from and after its ratification. In the General Assembly read three times, and ratified this the 18th day of February, A. D. 1905. CHAPTER 4. AN ACT EMPOWERING THE CITY OF WILMINGTON TO The General Assembly of North Carolina do enact: PART I. STREETS. SECTION 1. That the Mayor and Board of Aldermen of the City Powers to grade, pave, macadamize of Wilmington shall have full power and authority and it is hereby and improve streets made their duty to grade, pave, macadamize and otherwise im- and sidewalks. prove for travel and drainage the streets, sidewalks and public squares and alleys of said city, and construct crossings, curbings, drains and cross-drains and otherwise properly improve them, and that the said mayor and board of aldermen shall begin the said work at once and prosecute the same as vigorously as practicable in accordance with the provisions of this act. SEC. 2. In order to more fully carry out the duty imposed by Paving directed. section one of this act the said mayor and board of aldermen shall, whenever determined necessary by the Board of Aldermen of the City of Wilmington, pave with macadam, lime rock, coquino or Material. other material of like nature the streets or portion of streets so determined necessary to be paved with such material, and shall, if necessary, construct crossings, curbings, curbs and cross-drains for Crossings, curbing proper drainage of such streets or portion of streets so to be paved, the cost of which shall be paid for out of the annual appropriation for street improvements to be provided for by the city of Wilmington. and drains. SEC. 3. Whenever it is determined necessary by the Board of Survey of streets. Aldermen of the City of Wilmington to pave or otherwise improve for travel any street or portion of a street with material of a per manent or lasting nature, the said board of aldermen shall order Estimates of costs. and require the city engineer to make a survey of the street or portion of the street to be improved, and shall order and require an estimate to be made by the street and wharves committee of the board of aldermen, showing the cost to properly pave with macadam, lime rock, coquino or other material of like nature the streets or portion of streets so determined necessary to be paved with such material; also the cost of constructing, if necessary, crossings, curbings, drains and cross-drains for proper drainage of such streets or portion of streets so to be improved, and shall Alternative estialso order and require a separate estimate to be made by the street and wharves committee showing the actual cost to construct and pave said street or portion of street with vitrified brick, asphalt, bithulathic material, concrete, rock or other material of a mates. |