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CHAPTER 13

(House Bill No. 515-Mr. Ash)

AN ACT to amend chapter forty-five of Barnes' code of one thousand nine hundred and sixteen as mended by chapter two of the acts of one thousand nine hundred and nineteen, regular session, by adding thereto section eighty-six-a, requiring all teachers to take an oath of allegiance to support the constitution of the United States before being qualified to teach a term of school.

[Passed April 27, 1923. In effect ninety days without the approval of the

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from passage. Became a law Governor]

of misdemeanor if payment is made to teacher who has not taken oath.

Be it enacted by the Legislature of West Virginia:

That chapter forty-five of Barnes' code of one thousand nine hundred and sixteen as amended and re-enacted by chapter two of the acts of one thousand nine hundred and nineteen, regular session, be and the same is hereby amended by adding thereto section eighty-six-a to read as follows:

Section 86-a. Every teacher shall at the time of signing the 2 the yearly contract to teach take the following oath, that is to 3 say an oath to support the constitution of the United States 4 and the constitution of the state of West Virginia, and to 5 honestly demean himself or herself in the teaching profession, 6 and to the best of his or her ability execute his or her position. 7 of teacher; said oath shall be taken before a notary authorized 8 to take oaths, or by a school trustee or member of the board of 9 education of the district in which said contract is made. Pro10 vided, further, that no trustee or member of the board of edu11 cation shall charge for the taking of said oath. If any such 12 teacher enter upon the discharge of the duties pertaining to 13 his or her employment without having taken the prescribed 14 oath, he or she as the case may be shall be guilty of a misde15 meanor and liable to a fine of not less than five dollars nor 16 more than twenty dollars, each month to be classed as a separate 17 offense; and further, if the secretary of the board of education 18 issue and deliver an order or draft to any teacher in payment of 19 his or her compensation, without the said oath having been filed 20 beforehand in his said office, he shall be guilty of a misdemeanor 21 and liable to a fine of not less than ten dollars nor more than 22 twenty dollars; and the order so issued and delivered to said 23 teacher shall be illegal, invalid and of no effect.

CHAPTER 14

(Senate Bill No. 118-Mr. Coffman)

AN ACT to authorize counties, magisterial districts, municpal corporations, school districts, and independent school districts, to become indebted by the issuing and sale of bonds.

[Passed April 26, 1923. In effect ninety days from passage. Approved by the Governor May 2, 1923]

SEC.
1. County courts, magisterial dis-

tricts, etc. to issue bonds on
conditions set out in other sec-
tions.

Elections for bond issue; when

SEC.

19.

20.

21.

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7.

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Tax to be imposed to pay interest on bonds.

Sale of bonds.

Proceeds of bonds; application of

same.

Authority for bonds; publication necessary; how made.

Bonds made negotiable paper and
incontestable.

Notice to attorney general; at-
torney general to pass upon val-
idity; publication of notice, how
made: taxpayer may present
petition to supreme court for
reversal; bond to be furnished
by petitioner, with whom filed,
amount of same; hearings; whe
amount of same; hearings; when
action of attorney general shall
be final; bond issue to be in-
contestable; endorsement upon
bonds by attorney general; ex-
pense to be paid by authority
issuing bonds; attorney general
to keep record of findings.
This act not to affect proceedings
heretofore begun; same to be
completed under former statute.
Repealing certain acts in conflict;
exceptions to repealer.

Be it enacted by the Legislature of West Virginia:

Section 1. Any county, by and through its county court, 2 either for and on behalf of the county or for and on behalf of 3 any magisterial district, or group of magisterial districts there4 in; any municipal corporation, by and through its council or 5 other governing body in lieu thereof; any school district, by 6 and through its board of education or any independent school 7 district by and through its board of education or other fiscal 8 body in lieu thereof, may issue and sell its bonds, in the manner, 9 and subject to the limitations and conditions hereinafter con10 tained in this act.

Sec. 2. Debt may be incurred and bonds issued under this 2 act for the purpose of acquiring, constructing and erecting, en3 larging, extending, re-constructing or improving any building, 4 work, utility or undertaking, or for furnishing, equipping and 5 acquiring or procuring the necessary apparatus for any build6 ing, work, improvement or department, and for other similar 7 corporate purpose, for which the political division is authorized 8 to levy taxes or expend public money. But no bonds shall be

9 issued for the purpose of providing funds for the current ex10 penses of any body or political division. Interest accruing dur11 ing the construction period, that is to say, the time when an 12 improvement is under construction and six months thereafter, 13 shall be deemed a part of the cost of the improvement, and shall 14 not be deemed current expenses. All engineering and inspec15 tion costs, including a proper proportion of the compensation, 16 salaries and expenses of the engineering staff of the political 17 division properly chargeable to any work of improvement, as 18 determined by the governing body, or the estimated amount of 19 such costs, shall be deemed part of the cost of an improvement. 20 All costs and estimated costs of the issuance of bonds shall be 21 deemed a part of the cost of the work or improvement, or of the 22 property, or the carrying out of the purposes for which bonds 23 are to be issued. The power to acquire or construct any build24 ing, work or improvement, shall be deemed to include the power 25 to acquire the necessary lands, sites and rights of way therefor. 26 Bonds may be also issued under this act for the purpose of 27 refunding the bonds of any political division which have be28 come or are becoming due and payable, for the discharge of 29 which there are or will be when the bonds mature no funds or 30 insufficient funds available; or when in the opinion of the gov31 erning body of the political division obligated to the payment 32 of such bonds, the rate of levy necessary to provide funds for 33 their discharge will impose excessive taxes upon the taxpayers 34 of such political division.

Sec. 3. No political division herein authorized to issue bonds, 2 shall, by any bond issue, become indebted to an amount, includ3 ing all other indebtedness, exceeding two and one-half per 4 centum of the value of the taxable property therein, as shown 5 by the last assessment thereof for state and county purposes 6 next prior to the issuing of said bonds. Provided, however, 7. that any county, magisterial district, or any group of magisterial 8 districts, for the construction of any county-district road, or 9 bridges thereon, and any municipal corporation of one thousand 10 inhabitants or more, for the purpose of grading, paving, sewer11 ing, nad otherwise improving its streets and alleys, may become 12 indebted and issue bonds in an additional sum not exceeding 13 two and one-half per centum of the value of the taxable prop14 erty therein, ascertained as aforesaid.

15 The term "sewering" as used herein shall be treated in a

16 comprehensive sense, so as to include all mains, laterals, con17 nections, traps, incinerating and disposal plants, and other nec18 essary and convenient accessories to a modern, sanitary and effi19 cient sewerage system; and shall include storm sewers.

Sec. 4. No debt shall be contracted or bonds issued under 2 this act until all questions connected with the same shall have 3 been first submitted to a vote of the qualified electors of the 4 political division for which the bonds are to be issued, and shall 5 have received three-fifths of all the votes cast for and against 6 the same. The governing authority of any political division 7 herein referred to may and when requested so to do by a peti8 tion in writing, praying that bonds be issued and stating the 9 purpose and amount thereof, signed by the legal voters of the 10 political division equal to twenty per cent of the votes cast in a 11 county or magisterial district for governor, or in a municipal 12 corporation or school district, for mayor or member of the board 13 of education, as the case may be, shall, by order entered of 14 record, direct that an election be held for the purpose of sub15 mitting to the voters of the political division, all questions con16 nected with the contracting of debt and the issuing of bonds. 17 Such order shall state:

18 (a) The necessity for issuing the bonds, or, if a petition has 19 been filed as provided herein, that such petition has been filed; 20 (b) If for the construction of a county-district road or 21 bridge thereon, summary of engineer's report provided for in 22 section five setting forth the approximate extent and the esti23 mated cost of the proposed improvement, and the kind or class 24 of work to be done thereon;

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(c) Purpose or purposes for which proceeds of bonds are to 26 be expended;

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(d) Valuation of the taxable property as shown by the last 28 assessment thereof for state and county purposes;

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(j) If a special election, names of commissioners for holding

35 same;

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(k) If registration of voters is necessary, notice of the time, 37 place and manner of making same.

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(1) That the levying body is authorized to lay a sufficient 39 levy annually to provide funds for the payment of the interest 40 upon the bonds and the principal at maturity, and the approxi41 mate rate of levy necessary for this purpose.

42

Any other provisions which do not violate any positive pro43 vision of the law, or transgress some principal of public policy 44 may be incorporated in the order.

Sec. 5. Before ordering an election on the question of 2 issuing bonds, to construct a county-district road or bridge, 3 either on its own motion, or on petition, the county court shall 4 instruct the counyt road engineer or some other engineer desig5 nated by it for the purpose, to make an investigation and report 6 to the court an estimate of the probable cost of the proposed 7 improvement.

Sec. 6. The order or ordinance submitting the proposition 2 of issuing bonds to vote may specify more than one purpose for 3 which bonds are to be issued. Provided, that the amount of 4 the proceeds of the issue to be used for each purpose shall also 5 be specified therein.

Sec. 7. Elections for the purpose of voting upon the ques2 tion of issuing bonds may be held at any general, primary, or 3 special election, which the fiscal body in its order submitting the 4 same to vote may designate, except, that, when a petition is filed 5 asking that bonds be issued, the fiscal body with which same is 6 filed, if it be not designated in the petition that the election shall 7 be held at a general or primary electoin, shall order a special 8 election to be held within sixty days from the date of the filing 9 of such petition; or, if it be a petition for bonds for the con10 struction of county-district roads or bridges thereon, the elec11 tion shall be held within sixty days from the filing of the engi 12 neer's report as provided for in this act.

Sec. 8. Notice of all bond elections shall be given by the 2 publication of the order provided for in section four of this 3 act at least once each week for four successive weeks prior to the 4 date of the election in two newspapers of different politics, if 5 there be such published in the political division in which the 6 election is to be held. If there be only one newspaper published 7 in such political division, the notice shall be published as afore8 said therein. If no newspaper be published therein, then in 9 some newspaper published in the county within which such

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