San Saba County

School District Creation

 

An Act creating the San Saba Independent School District in San Saba county, Texas, and defining its boundaries: providing for the election of a board of trustees to manage and control the public free schools in said' district; defining the duties, rights and powers of said board of trustees; providing for the election by said board of trustees of all necessary officers and committees, and fixing their compensation; authorizing the board of trustees of said district to levy and collect taxes for the purchase or construction of school buildings and the purchase of sites therefore, and to issue bonds for said purpose; and to levy, assess and collect taxes for the support and maintenance of the public schools in said district; providing for the assessment and collection of the taxes of said district heretofore levied, or that may be hereafter levied; vesting in said district the title to all property within the limits of the San Saba Independent School District us hereinafter defined, in San Saba county, Texas, belonging to the public free schools, and imposing upon said San Saba Independent School District liability for all indebtedness lawfully created and now existing against the San Saba Independent School District as the same now exists under the general laws of this State, making this act cumulative to the general laws of this State regulating towns and villages incorporated for free school purposes only under the general law, except in case of conflict, when this act shall control; and providing that all general laws of this State, not in conflict with this act, regulating towns and villages incorporated for free school purposes only under the general laws of this State, and all general laws of this State hereafter to be enacted, regulating towns and villages incorporated under the general laws of this State for free school purposes, shall apply to and govern and control the said San Saba Independent School District with like effect its if said independent school district had been formed by a town or village incorporating under the general laws of this State for free school purposes only; providing for the election of a board of trustees to manage and control the public free schools within said district; investing the said district with all the powers, rights and duties of independent school districts formed by the incorporation of towns and villages for free school purposes only; validating the incorporation of San Saba Independent School District under the general laws of this State as said district has heretofore been incorporated and now exists, and declaring the original act of the incorporation of said district legal and valid, and validating the acts of the present hoard of trustees as the same now exists in said district, heretofore done in the levy, assessment and collection of taxes, employment of teachers and general conduct of the public schools in said district; further providing that the present board of trustees as now existing shall remain in office until the first Saturday in -May, A. D. 1907, at which time an election shall be ordered and held to fill the vacancies of the four trustees now in ' office whose term at that time expires by limitation, and providing for an election of trustees in said district annually thereafter, and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

Section 1. That there is hereby created and established in San Saba

county, State of Texas, a corporation for free school purposes only, to be known as the ''San Saba Independent School District/' within the boundaries prescribed in Section 2 of this act, including within its limits the city of San Saba, in said county, incorporated for free school purposes under the general laws of this State, and other land and territory adjacent thereto.

Sec. 2. The said San Saba Independent School District shall include within its boundaries all of the territory comprehended within the following metes and bounds: Beginning at the upper corner on San Saba River of the L. B. Harris survey No. 5, on the north bank of said river, and about 3000 yards N. 70 degrees E. from the town of San Saba, Texas; thence N. 45 W. with the upper line of said survey at 1457 yards, the W. corner of a 200-acre tract of land sold by L. B. Harris to Samuel Linn: thence N. 45 E. with the N. W. boundary line of said tract at 751 yards, passes its N. corner at 1344 yards, the S. corner of a 100-acre tract now owned by M. J. Moore; thence N. 45 W. with the N. E. boundary line of said L. B. Harris survey 575 yards a stake; thence \V. crossing the A. J. Denson survey No. 8 and the Alfred Morris survey No. 9 at 6100 yards, the E. boundary line of the Morgan Rector survey No. 10; thence S. with said E. line 1000 yards, a stake; thence W. 100 yards crossing the San Saba River to its S. bank; thence up said river with its meanders to the N. W. corner of Calvin Weaver survey No. 41; thence S. at 4607 yards passes its 8. W. corner at 7150 yards the S. W. corner of G. Heimann survey: thence E. with the S. boundary line of said Heimann survey to the W. boundary line of H. Meyer survey No. 131; thence S. with said W. line to the S. W. corner of said survey No. 131; thence E. with its S. line 1040 yards to the W. corner of S. P. Weber survey No. 120; thence S. 45 E. with its S. W. boundary line 230 yards; thence E. to the S. E. boundary line of said Weber survey; thence N. 45 E. with said line 330 yards to the S. corner of a Ill-acre tract conveyed by D. W. and James Fentress to John Kelley; thence E. 1400 yards to the E. boundary line of S. P. Weber survey No. 119; thence S. 45 E. 350 yards to the S. corner of the Ludwig Hartwig survey No. 118; thence N. 45 E. with the S. E. boundary line of said survey No. 118 and the S. E. boundary line of Johann Noll survey No. 112 to the E. corner of said Noll survey; thence N. 45 W. with its N. E. boundary line to its N. corner; thence N. 45 E. with the N. W. boundary line of Anton Mink survey No. 596; thence to its N. corner; thence N. 45 W. 250 yards to the S. corner of a 150-acre tract out of the N. end of the E. Gillman survey No. 35 conveyed by Hamilton et al. to J. H. Brown; thence N. 45 E. crossing said Gillman survey to its N. E. boundary line; thence N. 45 W. with said line to the San Saba River; thence down said river with its meanders to a point due S. of the upper or H. W. corner of L. B. Harris survey No. 5; thence N. crossing San Saba River 100 yards to place of beginning.

Sec. 3. The management and control of the public free schools within said district is hereby vested in a hoard of trustees, which board shall be composed of seven persons, resident citizens and qualified voters within said district, and each member of the board, before entering upon the discharge of his duties, shall make and subscribe the usual oath for the faithful and impartial discharge of the duties of his office.

Sec. 4. The board of trustees of the San Saba Independent School District shall be body politic and corporate in law. and as such may contract and be contracted with, sue and be sued, plead and be impleaded in any court of this State of proper jurisdiction, and may receive any gift, grant, donation or devise, made for the use of the public schools of the district.

Sec. 5. Vacancies in the board of trustees shall be filled by a vote of the majority of the members continuing in office. The first election for trustees under this act shall be ordered by and returns thereof made to the present hoard of trustees, as the same now exists for said school district; said election shall be held on the first Saturday in May, A. D. 1907, at which time an election shall be ordered and held to fill the vacancies of the four trustees now in office whose term of office at that time expires by limitation, and the four trustees elected at said time shall hold their office for two years and until their successors are elected and qualified, and the three remaining trustees now in office until the first Saturday in May, A. D. 1908, at which time their successors shall be elected as provided by this act, and regularly thereafter on the first Saturday in May in each year three trustees and four trustees, alternately, shall be elected for a term of two years, to succeed the trustees whose term of office shall at that time expire. The first and all subsequent elections of school trustees in said district shall be ordered, conducted and held, and notice thereof given, in accordance with the general laws of this State at the time regulating the elections for school trustees in independent school districts.

Sec. 6. The trustees elected under this act shall meet within ten days after the election, or as soon thereafter as practicable, for the purpose of organizing. A majority of the board shall constitute a quorum to do business, and .they shall choose from their number a president, secretary, treasurer, assessor and collector of taxes, and all other necessary officers and committees: provided, that said assessor and collector may or may not be a member of said board, and that said offices of assessor and collector may or may not be combined and held by one person, as a majority of said board may determine. The treasurer shall be required to give bond in double the estimated amount of receipts coming annually into his hands; said bond shall be payable to the president of the board, or to his successor in office, and be approved by the board of trustees, and conditioned for the faithful discharge of the duties of his office and the payment of the funds received by him, upon the draft of the president, drawn upon order duly entered of the board of trustees; and he shall be entitled to retain as commissions for his services as such treasurer not exceeding one per cent of all funds coming into his hands as ordered by the board, or the board may appoint as treasurer the person who offers satisfactory bond as herein provided and makes the best bid of interest on average daily balance, for the privilege of acting as such treasurer.

Sec. 7. The assessor and collector of taxes as herein provided shall be required to give bond in the sum of $3000. Said bond shall be made payable to the president of the board and to his successors in office. and be approved by the board of trustees, conditioned for the faithful discharge of his duty and the payment of funds received by him to the treasurer of said board; and he shall be entitled to receive for his services as such assessor and collector not exceeding four (4) per cent of all funds collected by him as such tax collector; provided, that when a majority of the board of trustees of said district prefer to have the office of assessor and collector held by two different persons, the amount paid shall not exceed 4 per cent of all funds collected by such collector for the current year, but said amount of 4 per cent may be apportioned between such assessor and collector as said board may determine; provided, if the office of assessor and collector be held by one person he shall give bond in the sum of $3000, conditioned and payable as aforesaid, and if said offices be separated and held by different persons then the assessor shall give bond in the sum of $1000, and the collector shall give a bond in the sum of $2000, each of said bonds payable to and conditioned as hereinbefore stated; provided, that when a majority of said board of trustees of said district prefer to have the special taxes of said district assessed and collected, respectively, by the tax assessor and collector of San Saba county, then said county assessor may assess and said county collector may collect the special school taxes for said San Saba Independent School District, upon giving bond, respectively, as above provided; and in that case said county assessor and county collector, respectively, may receive for their services such compensation as may be allowed by said board of trustees, not to exceed 4 per cent of all funds collected as hereinbefore stated.

Sec. 8. The officers of said board of trustees may be removed for misconduct at any time by a majority vote of the members of said board.

Sec. 9. The official duties and authority of the officers of the board ^hall conform with the sphere of the business of the board, and as may be prescribed and directed by the rules and regulations adopted by said board.

Sec. 10. The board shall prescribe necessary rules for the form and manner of conducting special tax elections, or electing its officers, of appointing and conducting its meetings, of filling vacancies in its membership, of appointing its committees for regulating and facilitating its business in the establishment of schools and the conduct of the same, for fixing mode and manner of electing teachers and fixing their compensation within the limits fixed by general law, providing for the investigation of misconduct or incompetence of teachers, and providing for the cancellation of the contract with and discharge of any teacher found guilty upon due investigation and proof of unbecoming conduct. inefficiency, neglect of duty, incompetency, or other fault demanding such cancellation of contract and discharge, in the interest of good order, and generally to adopt such rules and regulations as will subserve the efficient and perfect management of the school.

Sec. 11. That the secretary of the board shall receive such compensation for his services as may be allowed by the board, not exceeding $o per month.

Sec. 12. A record of the minutes of the proceedings of the board shall be kept and recorded in a well bound book, in proper form, which shall be open to inspection of the public.

Sec. 13. The board of trustees shall annually appoint a suitable person to take the necessary census of all children within the district entitled to be enrolled and numbered in the scholastic census for the current year, to the end that said district shall receive its full proportionate share of the available school funds, and to make report thereof in the prescribed form, as now provided by general law, to the proper State and county authorities. Said person so appointed to take the census shall receive as compensation for his services, to be allowed by said board, a sum not in excess of the amount now allowed by general law for like services.

Sec. 14. The president and secretary, when acting in their official capacity as herein provided, are hereby authorized to administer oaths or affirmations, and may use the seal of the board in attestation thereof.

Sec. 15. The board shall provide a suitable seal, with a suitable device of its selection, indicative of its official authority, to be used in the authentication of all bonds, warrants, contracts or other documents executed by authority of the board.

Sec. 16. The board of trustees of said San Saba Independent School District are hereby authorized and empowered to levy and have assessed and collected taxes on all property in said district subject to taxation for the purpose of purchasing or constructing public free school buildings and sites therefore, within the limits of said district, and for such purposes shall have power to issue coupon bonds of said district, and to levy and have assessed and collected taxes for the support and maintenance of the public free schools of said district, in addition to the pro rata of the available school fund received from the State, to the same extent, in the same amount, in the same manner, and subject to the same conditions, restrictions and limitations as is now or shall hereafter be provided by general laws of this State regarding the levy, assessment and collection of such taxes and the issuance of such bonds by towns and villages incorporated under the general laws of this State for free school purposes only; provided, that all bonds issued under this act shall be issued subject to all of the provisions and conditions of Articles 918a, 918b, 918c, 918d, 918e (as amended), 918f of the Revised Statutes of this State.

Sec. 17. To facilitate the* prompt collection of the taxes and to effectually avail itself of the lien therefore upon any property delinquent, the board of trustees may, in its discretion, waive the regular proceedings prescribed by general law for the enforced collection of taxes, and adopt extraordinary remedy of a direct suit therefore against the owner or owners of the property delinquent and for the foreclosure of the lien in the form of suit for debts and foreclosure, according to the statutory form and rules of procedure in such cases, obtaining service upon the defendant or defendants in such suits in the manner as now provided by general law. Such suit or suits shall be instituted and prosecuted in the name of the San Saba Independent School District as plaintiff.

 

 

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