xt7ksn012x7g https://exploreuk.uky.edu/dips/xt7ksn012x7g/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1936-03 volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. bulletins  English Frankford, Ky. : Dept. of Education  This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Educational Bulletin (Frankfort, Ky.) Education -- Kentucky Educational Bulletin (Frankfort, Ky.), "Supplement to Kentucky Common School Laws", vol. IV, no. 1, March 1936 text Educational Bulletin (Frankfort, Ky.), "Supplement to Kentucky Common School Laws", vol. IV, no. 1, March 1936 1936 1936-03 2021 true xt7ksn012x7g section xt7ksn012x7g 0 Commonwealth of Kentucky 0

EDUCATIONAL BULLETIN

 

SUPPLEMENT TO

KENTUCKY
COMMON SCHOOL
LAWS

Enactments of 1936
and
Extraordinary SessiOn 1934

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Published by

DEPARTMENT OF EDUCATION

H. W. PETERS
Superlntendent of Public Instruction

 

 

ISSUED MONTHLY
Entered as second

-class matter March 21, 1933, at the post office at
Frankfort, Kentucky, under the Act of August 24, 1912.
N

Vol. 3 0 March, 1936— .5 NQTfi

 

  

 

 

 

 

 

 

FOREWORD

This bulletin contains laws relating to education enacted by the
General Assembly of Kentucky at its 1936 regular session, and at the

extraordinary session of 1934.

The laws passed at the extraordinary session of 1934 were not
included in the 1934 compilation of law. For that reason I am plac-
ing them in this pamphlet. Decisions of the Court of Appeals relat-

ing to sections of the new school code are also included.

This bulletin, together with a copy of the new school code, will

make an up-to-date reference for school law.

H. W. PETERS,
Superintendent Public Instruction.

’gMarch 4, 1936

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 the

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1936

LAWS RELATING TO EDUCATION IN KENTUCKY ENACTED
AT THE 1936 REGULAR SESSION OF THE
GENERAL ASSEMBLY OF KENTUCKY

AID FOR STUDENTS IN EDUCATIONAL INSTITUTIONS OUT OF
THE STATE

AN ACT providing state aid for education in certain courses of study for
state students pursuing certain courses of study at educational insti-
tutions outside of the state for Whom no such courses are provided in
educational institutions of the state.

Section one. That pending the full development of the educa-
tional institutions of the Commonwealth of. Kentucky, all bona tide
residents of this state at the time of making written application for
the benefits provided in this act and have been such residents con-
tinuously for live (5) years next preceding the time of filing said
application, and who are duly qualified for matriculation in courses
of study offered at the University ot’ Kentucky, but who, because
of section one hundred eighty—seven (187) of the constitution of
Kentucky cannot pursue such, courses at the University ot‘ Kentucky
or other state institutions at which such courses are offered, or who
have otherwise qualified to pursue such courses therein, and who are
now pursuing or may hereafter pursue such courses in educational
institutions outside of the state whereof no courses of study are pro—
vided for such persons within this state, shall have their tuition and
fees paid at such institution by the Commonwealth of Kentucky.

Section two. That such tuition and fees be ascertained by the
State Superintendent of Public Instruction and paid upon requisi-
tion of him out of funds not otherwise appropriated.

Section three. That the State Board of Education shall prescribe
the rules and regulations governing the granting of state aid under
this act. In the event. the funds appropriated for the purpose of
carrying out the provisions of his act are insufficient for the purpose,
in any year, said Board of Education shall have the right to prorate
the same among such persons whose applications are approved there—
for pursuant to the provisions of this act; and provided further,
that not more than one hundred and seventy—five ($175.00) dollars
shall be allowed to any such person for the purposes and under the
provisions of this act during any one school year of nine (9) months.

Section four. That for the purpose of carrying out the provi—
sions of this act and for no other purpose. there is hereby appropri-
ated for the State Board of Education of Kentucky, out of funds in
the. State Treasury not otherwise appropriated the following: sums:
five thousand ($5,000) dollars for the fiscal year ending June thirtieth
(30th) one thousand nine hundred thirty-seven»; andfive thousaixl P

II)!
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($5,000) dollars for the fiscal year ending June thirtieth (30th) one
thousand nine hundred and thirty—eight.

Section five. That if any part of this act shall be held uncon-
stitutional, such holding shall not invalidate any other portion thereof.

Section six. It being immediately necessary for educational op-
portunity to certain persons of this Commonwealth, and for the pres-
ervation of the public peace, health, and safety, an emergency is
hereby declared to exist by reason whereof this act shall take effect
and be in full force from and after passage and approval.

Independent Districts may Contract for Eleventh and Twelfth
Grade Service for its White Children, and Provide an Ap-
proved Twelfth Grade Service for its Colored Children.

 

AN ACT repealing and reenacting Section 4399-3, Kentucky Statutes, Bald-
win’s Kentucky Statute Service, 1934 Edition, relating to independent
school districts.

Independent school districts. All school districts embracing
cities of the first five classes together with the territory within their
limits, including any territory which has heretofore been added for
school purposes outside of the limits of such cities or districts, and
any territory which, may be included by any future change in the
limits of such cities, and all independent graded common school (lis-
tricts having a school census enumeration of two hundred fifty (250)
or more white children shall hereafter be known and designated as
independent school districts, provided that no such district other than
cities of the first, second, third, fourth, and fifth classes, operating as
independent districts at the time this act becomes effective, shall con-
tinue to operate when its school census enumeration of white children
falls below two hundred fifty (250) pupils unless it appears to the
State Board of Education that the district can maintain a more
efficient program of school service by operating as an independent dis—
trict. The State Board of Education may permit an independent
graded common school district existing at the time of the passage of
this act with a census enumeration of white children below two hun-
dred and fifty (250) to operate as a temporary independent school
district for four—year periods beginning with July first (1st), one
thousand nine hundred and thirty-four (1934), if it appears to the
State Board of Education that such district can maintain a more
effiicient program of school service by operating as a temporary inde-.
pendent district, and the decision of the State Board of Education
shall be final; provided, at the end of each four-year period the State
Board of Education may permit such independent district to operate

. for an additional four-year period on the condition that such inspec-
tion as the State Board of Education may make shows that it is oper-
ating a school in accordance with the school law and the standards,
rules, and regulations set up by the State Board of Education. The

° State Board of, Education may by order make any temporary inde-

“ _ 4

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 one

1001]-
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elfth

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ed as
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ng as
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ldren
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ge of
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school
, one
o the
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:ation
State
)erate
1spec-
oper—
lards,

The
inde-

pendent school district and a part of the county district whenever the
same is (it) not complying with the school law and the standards,
rules, and regulations of the State Board of Education, and after it
has been given a reasonable time, to be fixed by the State Board 01'?
Education, within which to so comply. The first application of such
district to operate as a temporary independent district shall be filed
with the State Board of Education not later than July first (lst),
one thousand nine hundred and thirty-tour (1934). Each subsequent
application of such independent district to operate as a. temporary
independent district for an additional four—year period shall be filed
with the State Board of Education not later than May first (1st), of
the last year of the four—year period. Each independent school dis—
trict shall. maintain at least an approved twelve—grade school service
for the white children residing in its district. Provided, however,
any independent school district that maintains Within the district
at least an approved ten-grade school service for the white children
residing in its district, may furnish free transportation for white
children residing within the district to attend school in an adjoining
district for completing the eleventh and twelfth grade school work
and provide by contract with an adjoining district, which maintains
at least an approved twelve-grade program of school service, for such
children procuring eleventh and twelfth grade service in such ad-
joining district. Provided further that each independent school dis—
trict shall provide by establishment or by contract with another dis-
trict for at least an approved twelve—grade program of school service
for its colored children.

All laws in conflict herewith are hereby repealed.

Government of Teachers Colleges and POWers of Boards of Regents
in Appointing Teachers.

AN ACT to amend and re-enaet Section 4527-44, Baldwin’s Revision of Car-
roll's Kentucky Statutes, 1934 Edition.

The government, administration, and control of each of the said
state teachers colleges is hereby vested in its respective board of
regents which when its members have been appointed and qualified,
shall constitute a body corporate and shall have perpetual succession
with power to contract and be contracted with, to sue and be sued,
to plead and be impleaded, to receive by any legal mode of conveyance
property of any description, and to have and to hold and enjoy the
same; to receive grants of money and to expend the same for the use
and benefit of the said college; also, to sell and convey any real
estate, buildings, or equipment belonging to it, but the proceeds from
such sale shall be reinvested in other real estate and/or buildings
and equipment for the use and benefit of the said college; to make
and use a corporate seal with power to alter and enjoy the same;
to adopt by-laws, rules, and regulations for the government of their
members, officers, agents, and employees, and to enforce obedience to

5

 

  

 

 

such rules; to elect a secretary and a treasurer and to fix the bond
of the treasurer which shall not be less than $10,000, and the treas-
urer shall not be a. member of the board of regents; to designate
a depository or depositories for its funds and to fix the bond thereof;
to require such reports from the president, officers, faculty, and em-
ployees as it deems necessary and proper from time to time; to deter-
mine the number of divisions, departments, bureaus, offices, and agen-
cies needed for the successful conduct. of the affairs of the said col-
lege; to invest the faculty or a committee of the faculty with the
power to suspend or expel any student for disobedience to its rules;
or for any other contumacy, insnbordination, or immoral conduct;
to appoint a president and, on the recommendation of the president,
appoint, in its discretion, all officers, teachers, and employees and fix
their compensation and tenure of service, provided no person shall
be employed for a longer period than four years; and provided fur-
ther that no person shall be employed who is related to any member
of said Board of Regents, as father, mother, brother, sister, husband,
wife, son, daughter, aunt, uncle, sister—in-law, or daughter—in-law,
except that upon written reconnnendation of the President of the re-~
spective institution, one such relative of each, member of the Board
of Regents may be appointed upon confirmation by the remaining
three members of said board; to dismiss any president and, upon the
recommendation of the president, any officer, teacher, or employee
for cause as hereinafter provided; to grant diplomas and confer de-
grees upon the recommendation of the president and the faculty, and
to possess all other immunities, rights, privileges, and franchises usu-
ally attaching to the governing bodies of educational institutions.

Teacher Retirement in Cities of the First, Second and Third Glasses=

AN ACT repealing and re-enacting Sections 4506-1, 4506-2, 4506-4, 4506—6 and
4506-7, Kentucky Statutes, Carroll’s 1934 Supplement.

Section 4506-1. Boards of Education of Independent School dis-
tricts embracing cities of the first, second and third classes may and
are hereby empowered to establish retirement systems for the purpose
of providing retirement allowances and other benefits for teachers and
other school employees. A retirement system so created shall have
the powers and privileges of a corporation and shall be known as
“The Teachers Retirement System of the Schools of . ....................... ,
Kentucky,” and by such name all of its business shall be transacted,
all of its funds invested, and all of its cash and securities and other
property held.

Section 4506—2. In Independent school districts embracing cities
of the first, second and third classes which are already operating
insurance and annuity systems, for teachers or for teachers and other
employees, full authority to adopt, modify, change or revise the pres-
ent systems, including pensions already granted, is by this act con-
ferred upon the boards of education of such school districts, subject

6

 

 bond
treas-
gnate
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agen-
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to the approval of the board or governing body of the existing system
and subject also to the provisions hereinafter stated.

Section 4506-4. Each board of trustees of retirement systems in
independent school districts embracing cities of the first, second and
third classes may adopt, subject to the provisions of this act, such
regulations as are necessary to the effective operation of the retire-
ment systems without regard to regulations adopted by any other such,
board of trustees.

Section 4506—6. The participating teachers and other employees.
and the board of education in districts in which such retirement sys—
tem is continued, reorganized or established may contribute to the
retirement fund and the rates of the contribution shall be fixed by the
board of trustees of the retirement system on the basis of careful
actuarial investigations, and shall be adequate and sufficient to sup—
port the benefits granted in the system set up: provided that the total
contribution of the board of education shall be at least the equal of the
total contributions of the members of the system. The board of trustees
of the retirement system may increase or decrease the rates of contri-
bution whenever such action is deemed by them to be necessary to pre—
serve the solvency and equity of the system as determined by actuarial
studies, provided that the contribution of the board of education of a
city of the first class shall in no case exceed the returns from a tax rate
of four and one-half cents (41/2c) on each one hundred dollars ($100)
of assessed valuation subject to local school tax in said district, and
that the contribution of a board of education of a city of the second
or third class shall in no case exceed the returns from a tax rate of
tour cents (4c) on each one hundred dollars ($100) of assessed valua—
tion subject to local school tax in said district.

Section 4506—7. it shall be the duty of the board of education in
cities of the second and third classes, the board of aldermen in cities
of the first class, or such other agency to which the General Assembly
may in the future delegate the function of levying taxes for local
school purposes in independent school districts embracing cities of
the first, second and third classes, to levy the tax rate recommended
by the board of trustees of the retirement system; provided that the
rate of taxation in a city of the first class shall not exceed four and
one—half cents (41/2c) on each one hundred dollars ($100) of assessed
valuation subject to local school tax in said district, and provided the
rate of taxation in a city of the second or third class shall not exceed
four cents (40) on each one hundred dollars ($100) of assessed valua—
tion subject to local school tax in said district.

011 account of the immediate necessity for the inauguration of
retirement systems to take care of infirm and incapacitated teachers,
an emergency is declared to exist and this act shall become effective
immediately upon its passage by the General Assembly and its ap-
proval by the Governor.

All laws or parts of laws in conflict herewith are hereby repealed
to the extent of such conflict.

 

  

Certification of Property Assessment in Annexed Territory to the
Annexing Authority.

 

AN ACT to provide for the certification of property assessment in annexed
territory to the annexing authority; to provide for the equalization of
such assessment and levy of tax thereon by the annexing authority.

Section 1. That all assessments of property heretofore made or
hereafter made in territory annexed thereafter to another civil divi-
sion, prior to such annexation shall be certified by the assessor making
the same, to the annexing civil division and by the proper authority
thereof, submitted to its board of equalization to be equalized as pro-
vided by law; and When so equalized the regular annual tax of the
annexing division shall be levied by the proper authority thereof
and placed upon its tax bills made therefor and collected as its other
taxes; and said taxes if allowed to become delinquent, shall be subject
to the same interest and penalty charged and enforced in the manner
provided by the law governing such annexing division

Section 2. Should the equalization board be about to adjourn
when, or have adjourned before said assessment is certified as pro-
vided in the preceding section, ‘the time of such board may be ex-
tended for a reasonable time or it shall be reconvened for the purpose
of passing upon such certified assessment; and should, for any reason,
such assessment and equalization be completed after the regular levy
of taxes for that year have been levied, a levy may thereafter be
made as soon as practicable for that year ’s tax.

Section 3. Whereas territories in this state have been annexed
at the last election, and the property therein could otherwise not
be taxed for the ensuing year because the levies are directed in the
months of March and April, an emergency is hereby declared to exist
and this act shall take effect immediately upon its passage.

 o the

,nexed
ion of

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aking
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) exist

1934

LAWS RELATING TO EDUCATION IN KENTUCKY ENACTED
AT THE 1934 EXTRAORDINARY SESSION OF THE
GENERAL ASSEMBLY OF KENTUCKY.

Free Textbooks

That the State Board of Education shall have full authority to
purchase textbooks as provided by Chapter forty-eight, Acts of nine-
teen hundred twenty-eight, and shall have full authority to adopt
such rules and regulations for the purchase and distribution of such
books as in its judgment may be necessary, provided such rules
and regulations are not in conflict with law. In the purchase
and distribution of textbooks the State Board of Education shall
begin with the first grade and shall furnish textbooks to the first grade,
before any are bought for the second grade. After books have been
furnished to the first grade, if additional funds are available the State
Board shall furnish books to the second grade, and so on, until the
fund is exhausted; provided if, in the judgment of the State Board
of Education sufficient funds are not available to furnish all the text-
booxs to any grade, then that Board shall have authority to determine
for What subject or subjects in that particular grade textbooks shall
be provided. There is hereby appropriated annually, out of the
General Fund, the sum of five hundred thousand dollars for the pur-
chase and distribution of textbooks as provided in this Act, and any
unused balance left from one year shall be carried to the following
year and shall be used for the purposes provided in this Act. This
sum is irrevocably set aside for purchase and distribution of textbooks
as provided in this Act. The State Board of Education is hereby
given full authority to administer the purchase and distribution of
textbooks in the Commonwealth of Kentucky, and shall expend from
the funds appropriated by this Act a sufficient: amount to bear the
expense of Acts providing for the purchase and distribution of text-
books in this Commonwealth, provided that no amount shall be ex-
pended out of this fund except on proper approval of the State Board
of Education, and by requisition of the Superinternlent of Public In-
struction drawn upon the Auditor of Public Accounts. As the time
is drawing so near for many rural schools to open, there is hereby
declared an emergency to exist and this bill shall. become effective
immediately upon the passage of the tWo houses of the General As-
sembly and the signature of the Governor.

 

  

 

AN ACT authorizing Boards of Education of county school districts and
independent school districts of unincorporated villages to deed property
to county fiscal court for purpose of erecting school buildings.

1. That for the purpose of providing buildings for elementary
and/ or high school purposes, boards of education of county and inde-
pendent school districts located within counties, exclusive of incor—
poratcd cities of such counties, are hereby authorized and empowered
to convey a fee simple title with covenant of general warranty of
title, to a site for any such building now held or hereafter acquired
by such boards of education, to such counties.

2. Every such county to which a building site for a building
has been conveyed, as provided in section one hereof, shall enter into
a contract or contacts with some person or persons, corporation or
corporations, for the erection on said site of a building with the nec-
essary appurtenances according to plans and specifications adopted by
such county and approved by the board of education of the county
or independent school district in which such, building is proposed to
be constructed and by the Superintendent of Public Instruction. '

3. immediately upon the approval of the plans and specifica-
tions as provided in section two hereof, such board of education shall
offer to lease such building for a term of one or more years from the
time such buildings shall be completed and ready for occupancy,
which termshall be for a number of years acceptable to such, county.
The said lease by its terms shall give such lessee the right and option
to extend the term of such a lease for a term of one or more years
from the expiration of the original term of such lease and for one 01'
more years from the expiration of each extended term of such lease,
until the original term of such lease shall have been extended for a
total number of years, not exceeding thirty years, at a rental which,
if paid for the original term and for each of the full number of years
for which the term of said lease may be extended, will amortize the
cost of the erection of said building and appurtenances, provide an
adequate maintenance fund and in addition thereto a sum sufficient to
pay the cost of insuring the building against loss or damage by fire
and Windstorm or other calamity in such sum as may be agreed by the
parties thereto.

Ll. This act shall be deemed ,to create an additional and alter-
nate method for the acquisition of elementary and/or high school
buildings by any county board of education or board of education ofi
independent school districts and shall not be deemed to include, alter,
amend or repeal any other statute and shall apply solely to school
buildings constructed with financial assistance from the Federal
Government.

 

AN ACT authorizing the fiscal court to accept property deeded by boards
of education for constructing and financing school buildings and to
issue bonds.

. That counties Whether organized under the general law or spe-
c1al charter law are hereby authorized and empowered to establish

10

 ; and
iperty

itary
inde-
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vered
ty of
uired

lding
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'in or
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ed to

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til the
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ent to
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ederal

boards
ind t0

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and erect elementary and/or high school buildings, together with nec-
essary appurtenances thereto under the provisions of this act for
the purpose of supplying the board of education of such county 01'
independent school districts located outside of the incorporated cities
of such county, adequate buildings necessary to carry out their cor—
porate duties and powers.

For the purpose of defraying the cost of acquiring any such ele-
mentary and/or high school building by construction and appurte-
nances thereto. any such county may borrow money from the Public
\Vorks Administration or other agency of the Federal Government
and issue negotiable bonds, provided no such bonds shall be issued
unless and until authorized by a resolution specifying the proposed
undertaking, the amount of bonds to be issued and the maximum rate
of interest such bonds are to bear, which shall not be more than six
per cent ( 92) per annum. Such resolution shall further provide
that the proposed elementary and / or high school buildings and appur—
tenances thereto are to be constructed Or acquired pursuant to the
provisions of this act.

All bonds under "the provisions of this act may be issued bearing
interest at a rate not exceeding six per cent per annum, payable
semi—annually, and shall be executed in such manner and be payable
at such times, not exceeding thirty years from the date thereof, and
at such place or places as such fiscal court or board of commissioners
shall determine.

Any and all. bonds shall have and are hereby declared to have
in the hands of bona tide holders all of the qualities of negotiable
instruments under the laW merchant, and shall not be subject to taxa-
tion. In case any of the officers whose signatures or counter signa-
tures appearing on the bonds or coupons shall cease to be such offi—
cers before the delivery of such bonds, such signatures or counter
signatures shall nevertheless be valid and sufficient for all purposes
the same as if they had remained in office until such delivery. Such
bonds shall be sold in such manner and upon such terms as the fiscal
court or board of commissioners shall deem for the best interest of
such county. Such bonds when issued shall be payable solely from
the revenue funds derived from such elementary and/or high school
building as provided in sections eight and nine hereof and shall not
constitute an indebtedness of such county within the meaning of the
constitutional provisions or limitations. it shall be plainly stated
on the face of such bond that same has been issued under the provi—
sions of this act and that it does not constitute an indebtedness of
such county within the meaning of any constitutional provisions or
limitations.

All moneys received from any bonds issued pursuant hereto shall
be applied solely for the establishment or erection of such elementary
and/or high school building and necessary appurtenances thereto,
provided such moneys may be used also to advance the payment of
the interest on bonds during the first three years following the date
of such bonds. And there shall be and there is hereby created a'
statutory mortgage lien upon the elementary and/or high school

11

 

  

building and appurtenances so acquired to and in favor of the holders
of said bonds and each of them and to and in favor of the holders
of the coupons of said bonds.

The elementary and/ or high school building so acquired, together
with the appurtenances thereto, shall remain subject to such statutory
lien until the payment in full of the principal and interest of the
bonds. Any holder of said bonds or of any of the coupons may, either
at law or in equity, protect and enforce the statutory mortgage lien
hereby conferred and may by suit, action, mandamus or other pro-
ceedings, enforce and compel performance of all duties required by
this act, including the making and collecting of sufficient rates, the
segregation of the income and revenue, and the application thereof.

If there be any default in the payment of the principal or in-
terest of any of said bonds, any court having jurisdiction of the action
may appoint a receiver to administer said elementary and/or high
school building on behalf of the county, with power to charge and
collect rentals sufficient to provide for the payment of any bonds or
obligations outstanding against said elementary and/or high school
building and for the payment of the operating expenses and apply
the income and revenues in conformity with this act, and the resolu—
tion referred to in sections eight and nine hereof.

When any such county shall desire to construct such elementary
and / or high school building, the fiscal court or board of commissioners
of such county shall, by resolution, cause plans and specifications of
such building to be constructed, to be duly made and filed in the
office of the county court clerk, which plans and specifications shall
give a full description of the building to be constructed, the details
thereof and the manner of construction.

The plans and specifications of such building shall be prepared
by an architect selected by the fiscal court and approved by the board
of education of the school district and shall be submitted to the board
of education of the school district in which said building is proposed
to be constructed and to the Superintendent of Public Instruction for
approval and if approved, and if such board of education shall offer
to lease such building for a term of one or more years from the time
such building shall be completed and ready for occupancy, with the
right and option in such lessee to extend the term of such lease for
a term of one or more years from the expiration of each extended
term of such lease, until the original term of such lease shall have
been extended for a total number of years, not exceeding thirty years,
at a rental which, if paid for the original term and for each of the
full number of years for which the term of said lease may be ex-
tended, will amortize the total cost of the erection of said building
and appurtenances, provide an adequate maintenance fund and in
addition thereto a sum sufficient to pay the cost of insuring the build-
ing erected against loss or damage by fire and Windstorm or other
calamity in such sum as may be agreed by the parties thereof, the
fiscal court or board of commissioners shall by resolution authorize
the issuance of bonds, in the manner and form as herein provided,
sufficient to pay the cost of constructing such building, and shall

12

 LOldel‘S
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nds or
school
apply
resolu-

entary
sioucrs
.ons of
in the
s shall
details

epared
board
board
oposed
ion for
ll offer
l8 time
ith the
ise for
tended
.1 have
years,
of the
be ex-
iilding
and in
build-
‘ other
of, the
thorize
)vided.
i shall

cause the county court clerk to advertise for bids, and thereafter the
fiscal court or board of commissioners, by and through the county
judge of such county, may contract for the construction of such
building.

At or before the issuance of such bonds the fiscal court or board
of commissioners of such county shall, by resolution, set aside and
pledge the income of such building into a separate and special fund
to be used and applied in payment of