and county, and the judicial decisions thereon, and give advice on subjects connected with the public schools gratuitously to officers, teachers, pupils, and their parents and guardians.

schools.

SEC. 260. The Superintendent of Schools shall visit and Shall visit examine the schools, and see that they are efficiently conducted, and that the laws and regulations of the Board are enforced in all things, and that no religious or sectarian books or teachings are allowed in the schools, and to report monthly to the Board. He shall also report to the State Superintendent at such times as such officer shall require. SEC. 261. Any vacancy in the office of School Director Vacancy, shall be filled for the remainder of the term by a person to be appointed by the Board of Aldermen.

how filled.

Vacancy in office of

SEC. 262. In case of a vacancy in the office of Superintendent, the Board of Aldermen may appoint a person to fill superinthe vacancy until the next regular election, when the office holled. shall be filled by the people.

SEC. 263. The School Fund of such city, or city and School Fund. county, shall consist of all moneys received from the State School Fund; of all moneys arising from taxes which shall be levied annually by the Municipal Council of such city, or city and county, for school purposes; of all moneys arising from sale, rent, or exchange of any school property, and of such other moneys as may, from any source whatever, be paid into said School Fund. Said fund shall be kept in the city, or city and county, treasury, separate and distinct from all other moneys, and shall only be used for school purposes under the provisions of this chapter. No fees or commissions shall be allowed or paid for assessing, collecting, keeping, or disbursing any school moneys; and if, at the end of any fiscal year, any surplus remains in the School Fund, such surplus money shall be carried forward to the School Fund of the next fiscal year, and shall not be, for any purpose whatever, diverted or drawn from said fund, except under the provisions of this chapter.

how used.

SEC. 264. The said School Fund shall be used and applied School Fund, by said Board of Education for the following purposes, to wit:

First-For the payment of the salaries or wages of teachers, janitors, School Census Marshals, and other persons who may be employed by said Board.

Second-For the erection, alteration, repair, rent, and furnishing of school houses.

Third-For the expenses of high, normal, and experimental schools.

Fourth-For the purchase money or rent of any real or personal property purchased or hired by the Board. Fifth-For the insurance of all school property.

Seventh-For the discharge of all legal incumbrances now or hereafter existing on any school property.

Eighth-For lighting school rooms, and the office and rooms of the Superintendent and the Board of Education. Ninth-For supplying the schools with fuel, water, appa

Claims, how allowed.

Demands on

School Fund.

Auditor to designate fund.

Audited bills

receivable for taxes.

All demands shall be

paid in the

usual man

ner.

ratus, blanks, blank books, and necessary school appliances, together with books for indigent children.

Tenth-For supplying books, printing, and stationery, for the use of the Superintendent and Board of Education, and for the incidental expenses of the Board and department.

Eleventh-In grading, fencing, and improving school lots. SEC. 265. All claims payable out of the School Fund (excepting coupons for interest on school bonds), shall be filed with the Secretary of the Board, and after they shall have been approved by a majority of all the members elect of the Board, upon a call of "yeas" and "nays" (which shall be recorded), they shall be signed by the President of the Board and the Superintendent of the Public Schools, and be sent to the City and County Auditor. Every demand shall have indorsed upon it a certificate of its approval by the Board, showing the date thereof, and the law authorizing it, by title, date, and section. All demands for teachers' salaries shall be payable monthly.

SEC. 266. Demands on the School Fund may be audited and approved in the usual manner, although there shall not, at the time, be money in the treasury for the payment of the same; provided, that no demand on said fund shall be paid out of or become a charge against the School Fund of any subsequent fiscal year; and further provided, that the entire expenditures of the said school department, for all purposes, shall not, in any fiscal year, exceed the revenues thereof for the same year.

SEC. 267. The City, or City and County, Auditor shall state, by indorsement upon any claim or demand audited on the School Fund, the particular money or fund out of which the same is payable, and that it is payable from no other source.

SEC. 268. Audited bills for the current fiscal year for wages or salaries of the teachers in the public schools shall be receivable for school taxes due upon real estate.

SEC. 269. All lawful demands authorized by this chapter audited and for school purposes, shall be audited and approved in the usual manner, and the Auditor and Treasurer of such city, or city and county, are respectively authorized to audit and pay the same, when so ordered paid and approved by the said Board; provided, that the said Board shall not have the power to contract any debt or liability, in any form whatsoever, against such city, or city and county, in contravention of this chapter; and provided further, that the allowance or approval by the Board of demands not authorized by this chapter shall be no warrant or authority to the Auditor or Treasurer to audit or pay the same.

Board of Education to make estimate.

SEC. 270. It shall be the duty of the Board of Education of such city, or city and county, on or before the second Monday of September of each year, to report to the Municipal Council an estimate of the amount of money which will be required during the year for the purpose of meeting the current annual expenses of public instruction in such city, or city and county, specifying the amount required for supplies furnished pupils, for purchasing and procuring sites, for leasing rooms or erecting buildings, and for furnishing,

fitting up, altering, enlarging, and repairing buildings; for the support of schools organized since the last annual apportionment; for salary of teachers, janitors, clerks, and other employés, and other expenditures authorized by law; but the aggregate amount so reported shall not exceed the sum of thirty-five dollars for each pupil who shall have actually attended and been taught in the preceding year in the schools entitled to participate in the apportionments. The number of pupils who shall be considered as having attended the schools during any one year, shall be ascertained by adding together the number of days' attendance of all the pupils in the common schools during the year, and dividing the same by the number of school days in the year. Said Municipal Council is authorized and empowered to levy and cause to be collected, at the time and in the manner of levying State and other city, or city and county, taxes, the amount of tax, not to exceed thirty-five dollars per pupil, determined and reported by the Board of Education. The amount so levied and collected shall not include the amount received annually from poll taxes.

school shall

school

money.

SEC. 271. No school shall receive any portion of the school No sectarian moneys in which the religious doctrines or tenets of any receive particular Christian or other religious sect are taught, inculcated, or practiced, or in which any book or books, containing compositions favorable or prejudicial to the particular doctrines or tenets of any particular Christian or other religious. sect, is used; nor shall any such books or teachings be permitted in the common schools.

of Board

burse school

SEC. 272. No member of the Board of Education shall ever No member become the disbursing agent of such Board, or handle or pay shall disout any of its money under or upon any pretense whatever. money, or Any violation of this provision shall be a misdemeanor, and accept gift. shall subject the offender, besides the punishment, to removal from office. Any member or officer of the Board of Education who shall, while in office, accept any donation or gratuity in money, or of any valuable thing, either directly or indirectly, from any teacher, or candidate, or applicant for a position as teacher, upon any pretense whatever, shall be deemed guilty of a misdemeanor in office, and shall be ousted by the Board, or by any Court of competent jurisdiction, from his seat, on proof thereof. Any member or officer of the Board Penalty. of Education who shall accept any money, or valuable thing, or the promise thereof, with an agreement or understanding, express or implied, that any person shall, in consideration thereof, get the vote or influence of such member or officer for a situation as a teacher or employé of any kind in the school department, shall be deemed guilty of a felony, and on conviction, shall be punished accordingly.

ARTICLE VII.

MISCELLANEOUS PROVISIONS.

SEC. 286. All the existing provisions of law defining the duties of county officers, excepting those relating to Supervisors and Boards of Supervisors, so far as the same are not

do not con

flict with

continued in

force.

indebted

ness.

Laws which inconsistent with, repealed, or altered by the provisions of this chapter, shall be considered as applicable to officers of any this Act are consolidated cities and counties, acting or elected under this chapter. Provisions shall be made from the revenues of any city, or city and county, heretofore existing and reorganized Payment of under this Act, for the payment of the legal indebtedness of the municipal incorporation to which such reorganized city, or city and county, shall succeed, or of which it is a reorganization, as well as for that of such city, or city and county, after its organization, and all funding Acts and other laws providing for the payments of principal and interest on any funded debt of such former corporation snall remain in force. The taxes which may be levied and collected in such city, or city and county, shall be uniform throughout the same.

Where provisions of

SEC. 287. The provisions of this chapter concerning the this chapter following named officers, to wit: Sheriff, County Clerk, shall apply. Recorder, Coroner, and Public Administrator, shall apply only to consolidated cities and counties. The provisions of this chapter relating to the District Attorney shall, except in consolidated cities and counties, be deemed to apply to the City Attorney; and no Sheriff, County Clerk, Recorder, District Attorney, Coroner, or Public Administrator shall be elected in any municipal corporation under the provisions of this chapter, except in consolidated cities and counties.

Duty of
Municipal

Council in
the levy of

taxes.

Powers of municipal

corporations

class.

SEC. 288. The Municipal Council of any such consolidated city and county shall perform such duties in and about the levy and equalization of State and county taxes, and all other matters and things as are or may be prescribed by law for Boards of Supervisors of counties in like cases, and not inconsistent with the provisions of this chapter.

CHAPTER III.

MUNICIPAL CORPORATIONS OF THE SECOND CLASS.

(A charter for cities having a population of more than 30,000 and not exceeding 100,000.)

ARTICLE I.

GENERAL POWERS.

SEC. 300. Every municipal corporation of the second class shall be entitled the City of - (naming it), and by of the second such name shall have perpetual succession, may sue, be sued, in all Courts and places, and in all proceedings whatever shall have and use a common seal, alterable at the pleasure of the city authorities, and may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of the same for the common benefit; provided, that it shall purchase without the city no property except such as shall be deemed necessary for establishing hospitals, prisons, cemeteries, and industrial schools.

ARTICLE II.

GENERAL PROVISIONS RELATING TO OFFICERS.

when held.

number of

SEC. 301. The municipal election shall be held on the Election, second Monday of March of each even numbered year, and such election shall be subject to all the provisions of the law regulating elections for State officers, except as otherwise provided in this chapter. At such election there shall be elected, for the government of the city, the following officers: Seven Councilmen, who shall constitute a Board to be Name and known as the City Council; a Mayor; a Treasurer, who shall officers. be ex officio Clerk of the City Council; a City Attorney; a School Superintendent, and a Street Superintendent, who shall respectively hold office for the term of two years, and until their successors are elected and qualified. One Councilman shall be elected from each ward, by the vote of the city at large, and shall hold office for the term of two years, and until his successor is elected aad qualified.

SEC. 302. The Clerk and Treasurer, Superintendent of Bonds. Public Schools, Street Superintendent, and all other officers when required by the City Council by ordinance, shall each, before entering upon his official duties, and within ten days after receipt of his certificate of election or appointment, execute a bond, in such sum as the Council may direct, payable to the city; which bond shall be subject to the law concerning the official bonds of officers, and to approval by the Mayor. And the Council may at any time require an additional amount, or new sureties, upon any bond which it may deem insufficient. If such addi- Additional tional security be not given, the Council, upon notification thereof by the Mayor, may by a vote of two thirds of the members, declare the office vacant.

bond.

be paid into

SEC. 303. All fees, percentages, and all other moneys Fees, etc., to received or collected by any officer of the city, shall be paid treasury. by such officer, at the end of each month, into the city treasury, for the use of the city; and no payment shall be made to any officer for salary until he shall have taken, and filed with the Clerk, an affidavit that he has paid into the city treasury all fees, percentages, and all other moneys by him theretofore received or collected.

officer shall

any

SEC. 304. No member of the City Council, or of the Board No city of Education, nor any officer of the city, shall be surety upon be surety on the official bond of any corporate officer, nor shall he be, bond of a directly or indirectly, interested with or be surety for any officer. person who may be interested in any franchise, contract, appropriation, work, or business, or in the sale of anything the price of or consideration for which is paid or payable by the city, or by assessments levied under an ordinance of the Council; nor shall any contract be awarded or franchise granted to any person who may be surety on the official bond of any officer of the city.

Vacancy,

SEC. 305. If any officer of such city, or member of the how filled. City Council, or Board of Education, shall remove from the city, or absent himself therefrom for more than thirty days,