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[House Roll No. 199.]


AN ACT relative to public schools in metropolitan cities, and to repeal an act approved March 31, 1887, entitled "An act relative to public schools in metropolitan cities," and all acts amendatory thereof.

Be it enacted by the Legislature of the State of

in metropoli

eral rights and

SECTION 1. That each incorporated metropolitan School districts city in the state of Nebraska, or those hereinafter tan cities; genincorporated as such, shall constitute one (1) school powers. district and be known by the name of the school district of (name of city), in the county of (name of county), in the state of Nebraska, and as such in that name shall be a body corporate and possess all the usual powers of a corporation for public purposes, and in that name and style may sue and be sued, purchase, hold, and sell such personal and real estate, and control such obligations as are authorized by law; and the title to all school buildings, or other property, real or personal, owned by any school district within the corporate limits of metropolitan cities, shall, upon the organization of a district under the provisions of this act, vest imdiately in the new district, and the board of education, by this act provided, shall have exclusive control of the same for all purposes in this act contemplated.

freedom of

SEC. 2. That all schools erected or organized Control and within the limits of said metropolitan cities shall schools. be under the direction and control of the boards of

Property subject to school


Conduct of school affairs.

Board of education; election of members.



education authorized by this act.
this act. Such schools
shall be free to all children between the
five (5) and twenty-one (21) years whose parents
or guardians reside within the limits of said dis-

SEC. 3. That all the property within the corporate limits of metropolitan cities, except such property as now is or may hereafter be exempt by law, shall be subject to taxation for all the school purposes contemplated in this act.

SEC. 4. That the affairs of the school district hereby created shall be conducted exclusively by boards of education, except as otherwise provided by this act.

SEC. 5. That the board of education of metropolitan cities shall consist of fifteen (15) members, who shall be qualified electors of said city and who shall be actual taxpayers, who shall be elected at the times and hold their offices for the terms hereinafter provided. On the first Tuesday after the first Monday in November of each year, and annually thereafter, there shall be elected five (5) members at large, to serve for three (3) years from and including the first Monday of January following their election, or until their successors are elected and qualified. All persons elected as members of boards of education shall, before the first Monday in January following their election, take and subscribe to the usual oath of office. In case any person so elected shall fail so to do, his or her election shall be void, and the vacancy thereby occasioned shall be filled by the board as hereinafter provided. No vacancy shall by the provisions of this act be created in the membership of any

oard of education elected under the provisions of n act of the legislature of the state of Nebraska, ntitled "An act relative to public schools in metroolitan cities," approved March 31, 1887, but such nembers shall serve out the terms for which they vere elected.

SEC. 6. That the regular meetings of the boards Meetings. of education shall be held on the first and third Monday of each month, but special meetings may be held from time to time as circumstances may lemand, at the call of the president of the board, ›r on petition of a majority of the members thereof; ind all meetings of the board shall be open to the public, unless otherwise specially ordered.

board, commu

SEC. 7. That the boards of education shall have Powers of power to select their own officers, and make their tees, etc. cules and regulations, subject to the provisions of his act. The board of education herein provided for any committee of the members thereof shall have power to compel the attendance of witnesses for the investigation of matters that may come before them, and the presiding officer of the board of education, or the chairman of such committee for the time being, may administer the requisite oaths, and such board, or committee thereof, shall have the same authority to compel the giving of testimony as is confirmed on courts of justice.

officers, teachers, etc.

SEC. 8. That the members of each board of Election of education, at their regular meeting in January succeeding their election each year, shall elect a president and vice president from their own members, who shall serve for the term of one (1) year, or until their successors are elected and qualified; they may also elect at any regular meeting in July,

Duties of president.

Duties of vice president.

Duties of secretary.

one (1) superintendent of public instruction, with such salary as the board may deem just, and they may enter into contract with him, in accordance with their discretion, for a term of years, not to exceed three (3) years. The election of the officers of the board, superintendent, secretary, teachers, and janitors shall be by ballot, and no person shall be declared elected except he receive a vote of a majority of all the members of the board. They shall annually elect a secretary, at such salary as the board may deem just; said secretary shall not be a member of the board of education.

They shall also have power to appoint a superintendent of school buildings, whose respective duty, power, salary, and term of office shall be regulated and determined by the board of education, and to employ, under the superintendent of school buildings, necessary workmen, and provide necessary materials for repairing, altering, and enlarging school or other buildings. The superintendent of buildings shall devote his entire time to the discharge of the duties of his position.

SEC. 9. That it shall be the duty of the president to preside at all meetings of the board, 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.

SEC. 10. That it shall be the duty of the vice president to perform all the duties of the president in case of his absence or disability.

SEC. 11. That it shall be the duty of the secretary to be present at all meetings of the board; to keep an accurate journal of the proceedings; to

take charge of its books and documents; to countersign all warrants for school moneys drawn upon the city treasurer by order of the board; to apply for and receive school funds from the county treasurer or other persons to whom such funds are payable by law, and deposit the same with the treasurer of the board, and to perform such duties as the board may require.

That before entering into the discharge of his Bond and oath. duties the secretary of the board shall give bonds in the sum of not less than ten thousand ($10,000) dollars, with good and sufficient sureties, and shall take and subscribe an oath or affirmation before a proper officer that he will support the constitution of the state of Nebraska, and faithfully perform the duties of his office.

duties; bond.

SEC. 12. That the city treasurer of such city Treasurer; shall be ex-officio treasurer of the board of education. He shall attend all meetings of the board when required to do so, shall prepare and submit in writing a monthly report of the state of its finances, and shall pay school moneys only upon a warrant signed by the president, or, in his absence, by the vice president and countersigned by the secretary. He shall give bond, payable to the board of education, in twice the sum that may be in his possession at any one time of moneys belonging to or under the control of the board of education.


SEC. 13. That the board of education shall have Vacancy in power to fill any vacancy which may occur in their body; Provided, That any vacancy occurring more than ten days previous to the annual school election, and leaving an unexpired term for more than one year, shall be filled at the first school election

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