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tional territory and additions to such city or village as may be added thereto), as declared by ordinances to be the boundaries of such city or village, having a population of more than fifteen hundred (1,500) inhabitants, including such adjacent territory as now is, or hereafter may be attached for school purposes, shall constitute one school district, and be known by the name of "the school district of (name of city or village), 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 any city or village, shall upon the organization of the district under the provisions of this article vest immediately in the new district; and the board of education, by this article provided, shall have exclusive control of the same for all purposes herein contemplated; Provided, any territory not included in the corporate limits of any city or village and containing territory or a number of children sufficient to constitute a school district under the provisions of this chapter, may, by petitions signed by at least a majority of the legal voters of such territory, and a majority of the board of education of such city or village, be, by the county superintendent, erected into a separate district under the conditions imposed by this chapter. [Amended 1909.]

Consolidation of district; payment of debts.. 15 Neb., 4. Cited 10 Id. 12.

6949 Sec. 250. General control-free schools. All schools organized within the limits of said cities shall be under the direction and control of the boards of education authorized by this article. Such schools shall be free to all children between the ages of five and twenty-one years, whose parents or guardians live within the limits of the district, and all children of school age non-residents of the district who are or may be by law allowed to attend said school without charge.

6950 Sec. 251. Board of education. The boards of education contemplated by this article shall consist of six members who shall be elected upon a general ticket from among the legal voters who are tax payers at the time for holding the general city election in each year. At the first election in cities organized under this article two members shall be elected for a term of three years, two for two years and two for one year, and annually thereafter two members shall be elected for three years and until their successors are elected and qualified and installed in office: Provided, in cities of the first class having a population of less than forty thousand and more than five thousand inhabitants the board of education shall at the option of the school district consist of nine members who shall be qualified electors of such city, and shall be actual tax payers, who shall be elected at the times and hold their offices for the terms hereinafter prescribed, to wit: At the first annual city election held after organizing under this article, three members shall be elected for the term of three years, three for two years and three for one year; and an

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nually thereafter their successors shall be chosen for the term of three years, and all members so elected shall serve until their successors are duly elected and qualified: Provided further, in cities of the first class having a population of more than forty thousand and less than a hundred thousand the board of education shall consist of six members who shall be elected in manner following: At the general city election to be held in the year 1905, and every six years thereafter, there shall be elected two members of the board of education for a term of six years. At the general city election to be held in the year 1907, and every six years thereafter, there shall be elected two members of the board of education for a term of six years. At the general city election to be held in the year 1909, and every six years thereafter, there shall be elected two members of the board of education for a term of six years: Provided, incumbents in office, whose terms expire subsequent to the general election of said city for the year 1905, shall be privileged to continue in office until their successors are elected and qualified as herein provided; those whose terms shall first expire shall be superseded by those first elected under the provisions of this article. The members of the board of education shall enter upon the duties of their office on the first Tuesday succeeding their election. In event of a vacancy among the members of the board of education, such vacancy shall be filled by nomination by the mayor and confirmation by the city council, and such appointment shall continue for the unexpired term. Provided further, that nominations of candidates for members of the board of education shall be chosen at the primaries at the same time and in the same manner as candidates are chosen for members of the city commission and no filing fee shall be required of such candidates.-Emergency.

6951 Sec. 252. Elections.-That the ballots for the election of members of the board of education, for authorizing the issuance of bonds, or the purchase of sites and erection of buildings, shall in all cases be deposited in boxes especially prepared for that purpose, and be received, and returns made by the regular election board; the returns for the election of members shall be convassed in the same manner as provided for in the case of city officers; the returns for the issuance of bonds, purchase of sites, and erection of buildings shall be made to and canvassed by the board of education

6952 Sec. 253. Oaths-vacancy.—All persons elected as members of boards of education shall, on or before the first Monday of the month following their election, take and subscribe the usual oath of office. In case any person elected shall fail so to do, his election shall be void, and the vacancy thereby occasioned shall be filled by the board as hereinafter provided.

6953 Sec. 254. Meetings.-The regular meetings of the boards of education shall be held upon the first Monday of each month; but special meetings may be held from time to time, as circumstances may demand, and all meetings of the board shall be open to the public, unless otherwise specially ordered.

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6954 Sec. 255. General powers-compensation.—The boards of education shall have power to select their own officers and make their own rules and regulations subject to the provisions of this subdivision and of this act; but no member of the board, except the secretary, shall accept or receive any compensation for services performed in discharging the duties of his office.

6955 Sec. 256. Officers superintendent. The term of members elected shall begin with the first Monday in May succeeding their election each year, and the members of the board shall thereupon elect a president and vicepresident from their own number, and a secretary either from their own number or outside, in the discretion of the board, and they shall determine the salary of such secretary, not to exceed, however, $720.00 per annum, provided that the limitation of salary shall not apply to school districts comprising territory within the corporate limits of cities of the first class having a population of more than 40,000 and less than 100,000. Each of the officers shall serve for the term of one year or until their successors are elected and qualified. They may also elect at any regular meeting one superintendent of public instruction with such salary as the board may deem best, and they may enter into contract with him at their discretion, for a term not to exceed three years. The election of the officers of the board, of the superintendent and teachers, and all elections for filling vacancies on the board shall be by ballot, and no person shall be declared elected except he receive the vote of a majority of all the members of the board.

6956 Sec. 257. President.—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.

6957 Sec. 258. Vice-president. It shall be the duty of the vicepresident to perform all the duties of the president in case of his absence or disability.

6958 Sec. 259. Secretary. It shall be the duty of the secretary to be present at all meetings of the board, to keep an accurate journal of its 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 person to whom such funds are payable by law, and deposit the same with the treasurer of the board, and to perform all such other clerical duties as the board may require; and for his services he shall receive such salary as the board may deem adequate.

6959 Sec. 260. Same-bond. Before entering upon the discharge of his duties the secretary of the board shall give bonds in the sum of not less than one thousand dollars, to be determined by the board, 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.

6950 Sec. 261. Treasurer-bond. The city treasurer of such city shall be ex officio treasurer of the school district. He shall attend all meetings of the board when required so to do, and he shall prepare and submit in

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writing a monthly report of the state of its finances, and he shall pay school moneys only upon warrants signed by the president of the board or, in his absence, by the vice president, and countersigned by the secretary. He shall give a bond payable to the county in such sum as may be fixed by the board of education, which bond shall be signed by one or more surety companies of recognized responsibility, and the cost of such bond shall be paid by the school district.

6961 Sec. 262. Property of districts merged. Within ten days after the permanent organization of a board of education as provided for in this subdivision, it shall be the duty of all officers of school districts within the limits of cities aforesaid to deliver to the officers of the board all property, funds, and papers entrusted to their care, for the use of the public schools of such cities, and all funds thus received shall be immediately paid to the treasurer of the board, and be by him placed to the credit of the school district provided by this article.

6962 Sec. 263. Vacancies.-The boards of education shall have power to fill any vacancies which may occur in their body from among the legal voters who are tax payers; Provided, any vacancy occurring more than ten days previous to the annual city elections, and leaving an unexpired term of more than one year, shall be filled at the first city election thereafter, and the ballots and returns shall be designated as follows: "To fill unexpired term."

6963 Sec. 264. Quorum.-A majority of all the members of each board of education shall constitute a quorum, but a less number in attend ance at any regular meeting shall have, and a quorum at any special meeting may have, power to conpel the attendance of absent members, in such a manner, and under such penalties as such board shall see fit to prescribe; and the absence of any member from four consecutive regular meetings of the board, unless on account of sickness or consent of the board, removal from the district, or resignation accepted by the board shall vacate his position on the board, and such vacancy shall be filled in accordance with the provisions of this article.

6964 Sec. 265. Accounts-money, when appropriated. All accounts shall be audited by the secretary, approved by a committee, to be styled the committee on claims, and no expenditure greater than two hundred dollars shall be voted by the board, except in accordance with the provisions of a written contract; nor shall any money be appropriated out of the school fund, except on a recorded affirmative vote of a majority of all the members of the board, and said accounts and the records of the board in cities of the first class shall at all times be subject to the inspection and examination of the auditor of such city, whose duty it shall be each month to examine the records and check the accounts and from time to time, as may be required by ordinance or resolution of the city council, report to the council the nature and state of the accounts, and any facts that may be required concerning the records.

6965 Sec. 266. Census.-The boards of education shall annually cause to be taken an enumeration of all persons between the ages of five and twenty-one years, residing in the district, who shall report the same, together with such other information as required by article 4 of this chapter, to the

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county superintendent of public instruction, at the time specified by law for like returns from other districts.

In order that the county superintendent may legally apportion to a city school district its full share of the state apportionment of public school moneys, the secretary of the board of education of the city school district must file with the county superintendent, under oath, a statement showing that each and every teacher in such school district is legally qualified to teach therein. This statement must show the grade of the certificate held by each and every teacher, when, where, and by what authority issued, and on what qualifications. This report should be made to the county superintendent at the time the city school district files its report of the school census.

6966 Sec. 267. City certificate required of teacher. No person shall

be elected to a position in any city school as teacher, principal, supervisor, or superintendent who does not hold the legal city certificate entitling him to teach the grades or subjects to which elected.

See Section 149, article 12 for law governing issuance of city certificate.

6967 Séc. 268. Board not interested in contract.-It shall be unlawful for any member of the board of education to have any pecuniary interest, either directly or indirectly, in any contract for the erection of schoolhouses, or for warming, ventilating, furnishing, or repairing the same, or to be in any manner connected with the furnishing of supplies for the maintenance of the schools.

6968

Sec. 269. Disposal of property.-No school property of any kind belonging to any school district shall be sold by the board of education, except (upon an order passed) at a regular meeting of the same, and not then without an affirmative recorded vote of at least two-thirds of all the members of the board.

6969 Sec. 270. Payment of debts-funding bonds. Each of the school districts provided for in the first section of this article shall have the power, and it shall be the duty of the board of education to provide for the payment of debts created by school districts or other school organizations superseded by the districts herein provided for, when such debts shall have been incurred in the erection of schoolhouses, or for other school purposes; if any portion of such debts shall be in the form of bonds, if issued for a valuable consideration, and in accordance with law, the validity of which has not been called in question, or if called in question have been declared by courts of last resort to be valid, the holder or holders thereof, on surrendering the same to the board, shall have the right to demand, and it shall be the duty of the board, in the name of the district created by this article to cause to be issued other bonds of like amount, of the same tenor and effect as to payment of principal and interest as the bonds surrendered. This provision shall also apply to cases where only a part of a district shall be embraced within the district created by this article, whenever said fractional part shall petition and become a part of said district, as provided for in the first section of this article; Provided, the latter shall assume and pay only such proportion of the debt of the divided district as the assessed valuation of the part taken therefrom shall bear to the assessed valuation of the part remaining. In case of a division of one or more school districts for the purpose of forming one school district within the limits of a city of the first class, it shall be the duty of the county superintendent of public instruction, the president of the board of education, and the director of the school district, to appraise and adjust all claims or assets in such a manner that each