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severally in first, second, third and fourth place, and so on, upon the several ballots an equal number of times with each of the other candidates for the said term. There shall be nothing on the face of said ballots except as otherwise provided herein and except the names of the candidates and the respective terms for which they are candidates, together with a square in front of each name and a statement at the head of each column of the number of candidates for that term for whom the elector may vote, and that the elector shall indicate his choice by marking a cross in the square opposite the name of each candidate for whom he votes, and not elsewhere. Such ballots shall be voted at the regular city election and deposited in a separate ballot box to be provided for the purpose. Each elector may vote for as may candidates as there are members to be elected, by marking a cross in the square opposite the name of each candidate for whom he votes. No election officer, challenger, or poll book holder shall indicate to any elector offering himself to vote what he believes or understands to be the political affiliation of any candidate for school commissioner. The candidates, in number equal to the number of members to be chosen, for the respective terms for which they shall have been nominated, who have the highest number of votes of those cast for such term, shall be declared elected. If at any election a member is to be chosen to fill a vacancy and to serve out an unexpired term, candidates may be chosen as above provided, but they shall in all cases be nominated or proposed for such vacancy and designated in the petition and on the ballot as candidates to fill such vacancy, and the date of the expiration of the unexpired term shall be stated. The vacancies in said board of school commissioners shall be filled temporarily by the board as soon as practicable after such vacancy occurs. Such member so chosen shall hold office until his successor be elected and qualified. His successor shall be elected at the next regular city election, when the vacancy shall be filled for the remainder of the term. Any person violating any of the provisions of this section shall be fined upon conviction in any sum not exceeding two hundred dollars.
This section amends section 39042, Burns' R. S. 1901. See sections 3904x-3904d2, Burns R. S. 1901, for statutes regulating schools in cities of 100,000.
| Acts 1905, p. 155. In force March 4, 1905.]
Organization of board - Secretary - Treasurer - Salaries.-5. The board of school commissioners shall organize annually at their first regular meeting in January by choosing one of their number president, another vice-president, electing a secretary, who shall not be one of their number, and who shall receive a salary to be fixed by the school commissioners, which salary shall not exceed $2,000.00 per annum. The term of office of the secretary shall be one year, but whenever the secretary, who shall have served one year, shall be re-elected to succeed himself his term shall be four years. Provided, however, That he shall be removable at any time by a vote of four-fifths of the entire board. The treasurer of the city shall be treasurer of the board and he shall receive a salary to be fixed by the school commissioners, which shall not exceed fifteen hundred dollars per year. The treasurer shall make a monthly statement to the board of the amounts received and expended during the month, and the amount on hand to the credit of the board. He shall give bond to the approval of the board in such sum as it may determine and with not fewer than two sureties or a surety company.
This section amends section 3904b1, Burns' R. S. 1901.
3658. School boards—Auditor-Assistants—Duties.—18. The auditor shall submit to the commissioners annually and oftener if required by them a report of the accounts of the board, verified by his oath, exhibiting the revenues, receipts, disbursements, assets and liabilities, the sources from which the revenues and funds are derived, and in what manner the same have been disbursed. He shall give bond for the faithful discharge of his duties in the sum of five thousand dollars ($5,000.00), with not fewer than two sureties, or a surety company, to the approval of the commissioners, which bond shall be filed with the secretary. The auditor of said board shall receive no compensation for his services as auditor, but the board shall provide for the appointment of such assistants for the auditor as it shall deem necessary, and fix their compensation, which shall be paid monthly out of the school funds, but such assistants shall be appointed by the auditor. The time of such assistant or assistants shall be at the command of the board to render such seryices in addition to those already prescribed by law as the board shall require.
This section amends section 390401, Burns' R. S. 1901.
3659. Buildings, repairs—Business director—Bids.—23. When the board determines to build or enlarge a school house, or make any improvement of [or] alterations thereon, the cost of which shall exceed five hundred dollars ($500.00), save when by formal vote the board decides to make sueh improvements at a cost of not to exceed two thousand five hundred dollars by the labors of its own employes, the business director shall advertise weekly for bids for a period of three weeks, beginning at least twenty-one days before the opening of the bids. The advertisement shall be inserted in two newspapers of general circulation in the city and shall be entered in full in the records of the board. The bids duly sealed shall be presented to the board at the time fixed in the advertisement for bids, at which time the board shall meet, and none shall be received after that hour, and they shall immediately be opened by the business director, be publicly read by the secretary and be immediately thereafter entered in full in the records of the board. The board shall provide by general rules the conditions of all bids, but none but the lowest responsible bids shall ever be accepted. The business director may, at his discretion, reject all bids and whenever there is any reason to suspect collusion the bids of all concerned therein shall be rejected. If the amount of the expenditure does not exceed two thousand five hundred dollars ($2,500.00). two weeks' notice shall be sufficient.
This section amends section 3904t1, Burns' R. S. 1901.
[Acts 1903, p. 5. In force January 29, 1903.] 3660. Taxes, levy, limit.25. The board of school commissioners in any such city is hereby authorized and empowered to levy annually, in addition to other taxes authorized by law, a special tax of not exceeding five cents on each one hundred dollars of taxable property in the city for the purchase of real estate and the erection and improvement of school buildings. The proceeds of such tax shall be segregated from other funds of the board, and a separate account of the same shall be kept, and shall not be used for any other purpose than the purchase of real estate and the erection and improvement of buildings for school
The said board is hereby authorized to levy annually, in addition to all other taxes authorized by law, and as an addition to its special fund, seventeen cents on each one hundred dollars of taxable property, which sum shall with such limits be large enough to insure the payment of all interest to accrue on the real estate and improvement bonds to be issued under the provisions of this amendatory act, and to keep school property in repair. Out of the last above levy by this section authorized provision shall be made for the payment in cash from year to year and the final retirement of such maturing indebtedness and the payment of such interest charges as are not payable out of other funds of such board and are not properly chargeable to any such other fund: Provided, That the aggregate sum levied by such board for all purposes shall not exceed in any one year fifty-seven cents on each one hundred dollars of taxable property in said city, and said sum of fifty-seven cents shall include all sums to be levied by said board in pursuance of any other existing law on account of free kindergartens, compulsory education, or any other purpose.
This section amends section 3904vl. Burns' R. S. 1901.
3661. Indebtedness limited.-28. The said board of school commissioners shall not have the power to create any debt other than funding obligations, and the real estate and improvement bonds provided for by this act and by the other sections of the act which it amends, in excess of the sum of twenty-five thousand dollars in the aggregate, save as provided in section twenty-nine of the act which this act amends and except that it shall be liable upon its lawful contracts for the ordinary current expenses of its schools and library to the persons rendering services and furnishing materials therefor, when contracts are entered into as herein provided in accordance with the law, but said board shall not have any power to borrow money to pay such obligations so as to create a debt in excess of said twenty-five thousand dollars to others than to such persons so rendering services or furnishing materials, and any contract or obligation that may be issued in contravention of the provisions
of this section shall be void. Obligations to persons rendering services or furnishing materials to said Board of School Commissioners in the current conduct of such schools and library will not be considered as a part of the twenty-five thousand dollars of indebtedness above authorized.
This section amends section 3904yl, Burns' R. S. 1901.
3662. Bonds, issue and sale.—4. The board of school commissioners in any city having a population of more than one hundred thousand is hereby authorized and empowered to issue and sell bonds of such school city in such sums and denominations as such board may deem advisable to realize money for school uses with which to purchase real estate, erect building [s], and equip buildings for lighting, heating and sanitation. Such bonds shall be known as school, real estate and improvement bonds. They shall bear interest at a rate not exceeding four per cent. per annum, payable semiannually, shall be sold at not less than par and shall mature, as nearly as may be, at the rate of fifty thousand dollars per year, commencing to mature on the first day of July twentyseven years from the year of the issue of the first bonds issued under the authority conferred by this section. Such bonds may be issued from time to time as the needs of the schools of such city shall require: Provided, That not more than three hundred thousand dollars, par value, of said bonds shall be issued in any one calendar year and not more than four hundred and fifty thousand dollars of said bonds, par value, in the aggregate shall be delivered under the provisions of this law. No bonds shall be issued until the money therefor is paid to the treasurer of said board and interest shall not begin to accrue until such delivery. Preparatory to offering such bonds for sale, the board of school commissioners shall give notice for not less than four weeks, of the date fixed for the sale of such bonds, together with a description of such bonds and of such offer and invite bids therefor; such notice to be given by advertisement each week in at least one newspaper published in the city of Indianapolis, and one newspaper published in the city of New York, and such other advertisements as the board may make. Such board shall sell such bonds to the highest and best bidder, provided that it shall have the right to reject any and all bids. The proceeds arising from such sale shall be used for no other purpose than to purchase real estate and erect buildings and improvements upon the real estate of said board.
[Acts 1905 p. 107. In force March 1, 1905.] 3663. Sale of property, sales legalized.—1. That all sales and conveyances of real estate and all sales and transfers of personal property heretofore at any time made by school cities of this state having a population of over 100,000 according to the last preceding United States census are hereby ratified, approved and validated and the deeds and other instruments of conveyance and transfer executed by such school cities evidencing such sales are hereby validated and made effective, as of their respective dates, to vest in the purchaser the title thereby sought to be conveyed or transferred; and in the future any such school city shall have full power to sell real real estate and transfer personal property and to execute deeds of conveyance and instruments of transfer therefor, with or without covenants of warranty, whenever in the opinion of any such school city, properly made matter of record in the minutes of its board of school commissioners, such real estate or personal property cannot longer be advantageously used for school or library purpose and can be sold for its fair cash value.
[Acts 1903 p. 306. In force March 9, 1903.] 3664. Pest houses, hospitals, cities of 100,000.-1. That in all incorporated cities of this state having a population of one hurdred thousand or more, according to the last preceding United States census, it shall be unlawful for any such city to locate, establish, erect or maintain any pest house or hospital for the treatment of infectious or contagious diseases within fifteen hundred feet of any public or private hospital now erected or in the course of erection and construction, used or to be used for the reception and treatment of patients and persons not afflicted with contagious or infectious diseases, or within fifteen hundred feet of any public or private school building now erected and used for school purposes, or within five hundred feet of any building now used or occupied for residence purposes: Provided, That in all cases where any such pest house or hospital for the treatment of contagious and infectious diseases is now established and maintained in any such city within fifteen hundred feet of any such public or private hospital, or within fifteen hundred feet of any such public or private school building, or within five hundred feet of any building used or occupied for residence purposes, said pest house or hospital for the treatment of contagious and infectious diseases may be continued and used as such for a period of four months from and after the taking effect of this act.
[Acts 1905, p. 430. In force March 6, 1905.] 3665. Street or boulevard assessments-Cities of 43,000 to 49,000.1. That whenever the improvement of any public street or boulevard located upon and along the bank or margin of any river or stream in any city in this state having a population of not less than forty-three thousand (43,000) nor more than forty-nine thousand (49.000), according to the last preceding United States census, shall have been petitioned for by one or more persons owning property fronting upon such street or boulevard, the board of public works may order such work to be done; the law governing street improvement and collection of assessments herein, in cities of such population, shall govern and be followed by the board of public works in all matters relating to improvements herein designated except as to the manner of making assessment for the payment of the same, which assessment shall be made as follows: In making an asessment for the payment of any such improvement as herein designated, the board of public works shall assess each piece of property beneficially affected by such improvement in proportion to the ben