Section 8471. Assessments Paid in Installments.] The owner of any tract of land against which an assessment for drainage is made, who shall, within thirty days after the making of such assessment, file with the County Auditor an agreement in writing that in consideration of the right to pay his assessment in installments he will not make any objections to the illegality or irregularity of his assessment, if any there be, and will pay the same with interest as fixed by the Board of County Commissioners, shall have the privilege of paying such assessment in ten annual installments, interest payable annually. Assessment certificates shall not issue until after the expiration of the period for filing such agreements with the County Auditor, and when issued for assessments to be payable in installments may be issued in coupon form. The first installment shall be payable within ten days after a certified copy of the assessment has been filed in the office of the County Treasurer, and subsequent installments shall be payable one, two, three, four, five, six, seven, eight and nine years from the date of such assessment, respectively, with interest on the whole sum unpaid payable annually at maturity of the several installments. Such subsequent installments shall become delinquent after the expiration of thirty days from the time the same are payable and thereupon a penalty of five per cent shall attach thereto. Provided, that where bonds shall have been issued for the construction of such drainage, as provided in Section 8472, such assessments shall be made payable in installments sufficient to meet the payments on the bonds, as the same shall become due. Payments of assessments may at any time be received and full discharge thereof given by the County Treasurer to any property holder, but after issue of bonds, such payment of assessments can be received only according to the terms of such bonds. Section 8472. Board May Issue Bonds.] The Board of County Commissioners, whenever it has ordered the establishment of any drainage, shall have authority by resolution to be spread upon its records, to provide for the issuance of bonds in such sums as may be necessary for the purpose of defraying the expenses incurred or to be incurred in obtaining the right of way or in locating or constructing any such drainage. Such word "expenses" shall be construed to mean and cover every item of cost of such drainage from its inception to its completion, such bonds to be payable only out of the funds to be derived from special assessments upon the lands benefited thereby. Such bonds shall bear interest at a rate not exceeding 7% per annum, payable annually and be payable not exceeding twenty years from issue. Such bonds shall be signed by the Chairman of the Board of County Commissioners and countersigned by the Auditor, who shall keep a record of all such bonds. Such bonds shall be issued for the benefit of the particular drainage, numbered, recorded and indexed in the office of the County Auditor, and shall in no case be issued for a sum exceeding the benefits to the lands affected by such drainage. The Board of County Commissioners shall have the power to negotiate such bonds at not less than par value, as it may deem best for the interest of all persons affected by such drainage, any premium received on such bonds to be credited to the fund of the particular drainage. Such bonds shall contain a recital that the same are issued pursuant to the authority of this article and that they are to be paid out of the funds to be obtained as herein provided. Assessments shall be made upon all of the lands benefited by such drainage for the payment of the principal and interest of such bonds when the same shall become due: Such assessments may be made by separate assessments for installments of interest and principal or in one proceeding with but one set of notices. When the assessments are finally fixed the same shall be certified to the County Treasurer by the County Auditor, and the money paid in thereon shall be received by the County Treasurer and paid over to the holders of such bonds. Separate funds shall be kept by the Treasurer for each drainage project, and no funds for one drainage project shall be applied to any other drainage. No county shall be liable for the payment of any bonds issued under this article, but such bonds shall be paid only out of the funds derived from the special assessments herein provided for. Such bonds may be made payable at such times as the Board of County Commissioners shall find for the best interests of the persons benefited by the drainage, and may be issued for all or any portion of the expenses of such drainage. Section 8473. Agreement for Combined Drainage.] Owners of lands that require combined drainage, and townships, towns, cities and counties benefited by the proposed drainage, may provide for drainage of their own lands, streets and highways by an agreement, in writing duly signed, acknowledged and filed with the County Auditor. Such agreement may include the location, the character of the work to be done, the adjustment of the damages, the classification of the lands to be benefited thereby, the amount of special assessments to be laid, when the same shall be laid or so many of these or any other provisions as shall be agreed upon, and all provisions so agreed upon shall be as valid and binding as though the same objects were sought and obtained under the provisions of this article. Upon the filing of such agreement the Board of County Commissioners shall at its next meeting establish and locate the drainage agreed upon and the same shall be named, recorded and indexed, and such board shall thereafter have complete and full jurisdiction of the persons and the subject matter involved in such drainage and may order such further procedure under the provisions of this article as may be required to carry out the purpose of such agreement and to complete and construct the desired improvement, and shall thereafter retain jurisdiction of such drainage as provided in this article. It shall not be obligatory upon the Board of County Commissioners, upon the filing of any such agreement for drainage, to establish such drainage, but such board shall be required to consider whether such drainage is practicable and will best serve the interests of the owners of the lands in the immediate section of such agreed drainage, and the townships, towns, cities and counties interested, and if it finds that the same will interfere with the practical drainage of such section and is not for the best interest of all landowners in such section, and the townships, towns, cities and counties interested, it shall not establish the agreed drainage. Section 2. Whereas, there is now no adequate law covering this subject and this Act is necessary for the immediate protection of the public peace, health and safety, an emergency is hereby declared to exist and this Act shall take effect immediately upon its passage and approval. Approved June 30, 1920. Education CHAPTER 47. (H. B. 7.) RELATING TO CONSOLIDATED SCHOOL DISTRICTS AND LEGALIZING THE SAME. AN ACT Entitled, An Act to Amend Section 7569 of the South Dakota Revised Code of 1919, as Amended by Chapter 170 of the Session Laws of 1919, Relating to the Consolidation of School Districts, and Expressly Providing for the Consolidation of an Independent School District and Any Part or All of Any One or More Other School District or Districts, and Legalizing and Validating Incorporation of Any and All Independent Consolidated School Districts, or Districts Which Have Consolidated, and Which Included an Independent School District and Any Part or All of Any One or More Other School District or Districts, and Legalizing All Proceedings for the Election of Officers and All Acts, Elections and Proceedings of the Officers Relating to Bonds, Taxation and Expenditures of Moneys, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 7569 of the South Dakota Revised Code of 1919 as amended by Chapter 170 of the Session Laws of 1919, is hereby amended to read as follows: Section 7569. It shall be lawful for two or more School Districts of any kind to consolidate, either by the formation of a new district or by annexation of one or more districts to an existing district in which is maintained a graded school or high school authorized by law. An existing district of any kind may organize as a consolidated district; a portion of any existing district may organize as a Consolidated District, or may consolidate with any one or more existing districts or with part or parts of same by the formation of a new district; and an Independent School District and any part or all of any one or more other School District or Districts may organize as a Consolidated District under the provisions of this Act and of Chapter 5 of the Revised Code of 1919. For the purpose of improving the school system of this State and encouraging industrial training, including the elements of agriculture, manual training and home economics, a centralized system of schools shall be established and maintained in every Consolidated School District organized under the provisions of this Act. Section 2. That all acts and proceedings relating and pertaining to the organization and incorporation of any Consolidated School District organized or attempted to be made, organized and incorporated under the provisions of Chapter 5 of the Revised Code of 1919, formerly Chapter 194, Laws of 1913, and Acts amendatory thereof are hereby legalized and validated, as of the date when said Consolidated School Districts were organized and incorporated under said laws, notwithstanding any irregularity or errors, omissions or defects, clerical in law or otherwise, in the organization and incorporation thereof, or any defect, ambiguity or omission, want or lack of power in the Statute authorizing such organization and incorporation; and in all cases where a former Independent School District and any part or all of any one or more other School District or Districts have proceeded to organize as a Consolidated District, all proceedings relating or uertaining thereto, are hereby legalized and validated as of the date of any such organization or incorporation, notwithstanding any errors, omissions or defects in the organization or incorporation thereof, or any defect, ambiguity or omission, want or lack of power in the Statute authorizing such organization and incorporation; and all of said Consolidated School Districts are hereby declared to have existed as Independent Consolidated School Districts under the laws of the State of South Dakota since said organization and incorporation, and composed of the territory described and defined in the proceedings for consolidation and incorporation, and all acts of the officers of said State or County or School Districts and all proceedings for bonding and taxation and for school purposes had therein relating to Independent Consolidated School Districts, are hereby ratified, legalized and validated, notwithstanding any errors, omissions or defects, ambiguities, clerical or otherwise, or want or lack of power in the Statutes, in the organization and incorporation of said Districts. Section 3. Whereas this Act is necessary for the immediate preservation of the public peace and safety of the State and for the immediate support of the State Government and its existing institutions, an emergency is hereby declared to exist and this Act shall be in full force and effect from its passage and approval. Approved June 26, 1920. CHAPTER 48. (H. B. 30.) RELATING TO SCHOOL SITES FOR CONSOLIDATED SCHOOL DISTRICTS. AN ACT Entitled, An Act Amending Section 7577 of the Revised Code of 1919, Relating to the Purchase of Land by Consolidated School Districts, Providing for Condemnation Proceedings in Certain Cases, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 7577 of the Revised Code of 1919 be and the same is hereby amended to read as follows: Section 7577. Power to Purchase Land.] Authority is expressly given to the School Board of each Consolidated School District to purchase any land which may be necessary for school house sites and to provide the demonstration plat necessary to meet the requirements of the law governing such District and the same shall be and become the property of such District forever; provided, that in case it is necessary to expend more than two hundred dollars for the purchase of additional lands, the question of purchasing such lands shall be first submitted to a vote of the voters of such district, and if a majority of the voters voting at any regular meeting of such District, or at any special meeting of such district called according to law for that purpose, shall vote in favor of buying the additional land, the board shall at once proceed to purchase the same; in case the School Board is unable to agree with the owners of such land on the purchase price thereof, the board is authorized to damage, acquire and condemn such private property for the public purposes authorized by this Act and to pay for such damage and condemnation out of any fund available for that purpose as hereinbefore provided. Laws-4. When such board shall deem it necessary to take, damage and condemn any private property for any of the purposes authorized by this Statute, it shall by proper resolution declare the necessity of such damaging, taking or condemnation, stating the purpose and extent thereof, and thereupon the proceedings to take, damage or condemn such property shall be had, as provided in Chapter 8, Part 9, Title 2 of the South Dakota Revised Code of 1919 in the name of the School District as plaintiff; provided, also, that whenever the land so selected is common school or endowment lands, it shall be lawful for the Governor and Commissioner of School and Public Lands to convey title thereto in the manner now provided by law for conveying title to school house sites, in tracts of from two to ten acres inclusive. Section 2. All Acts or parts of Acts in conflict with this Act are hereby repealed. Section 3. Whereas, this Act is necessary for the support of the State Government and its existing institutions, an emergency is hereby declared to exist and this Act shall be in force and effect from ard after its passage and approval. Approved June 30, 1920. CHAPTER 49. RELATING TO POWERS OF INDEPENDENT SCHOOL DISTRICTS. AN ACT Entitled, An Act to Amend Section 7546 and 7602 of the South Dakota Revised Code of 1919, Relating to Independent School Districts, and Declaring an Emergency. Be It Enacted by the Legislature of the State of South Dakota: Section 1. That Section 7546 of the South Dakota Revised Code of 1919 is hereby amended to read as follows: Section 7546. Powers Common to All Boards.] Such Board of Education shall have power: 1. To organize and maintain a system of graded schools, to establish a high school whenever in its opinion the interests of the school corporation demand the same, and to exercise control over the schools and school corporation. 2. To levy an annual tax on all taxable property within the district for the support of the schools of the corporation for the fiscal year next ensuing, not exceeding the amount limited by law. 3. To borrow money by issuing bonds as hereafter provided. 1919 is hereby amended to read as follows: Section 7602. Authorized.] Boards of Education of Independent School Districts are authorized and empowered to issue negotiable bonds in the manner hereinafter provided for the following purposes. 1. To refund bonds that may be outstanding. 2. To fund outstanding warrants. 3. To raise money for the purpose of a site or sites and the erection of suitable buildings for school purposes, and suitable cottages or dwellings for teachers' homes. |