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AN ACT to authorize counties to issue bonds for the purchase or erection of court houses and jails, and providing for the manner of issuing and paying the same.
Be it enacted by the Legislative Assembly of the Territory of
vide for erection of court house
SECTION 1. Whenever the board of county com- commissionmissioners of any county in the Territory of Okla-zed to prohoma considers it to be to the best interest of the county to purchase or erect a court house or jail, they and jail and shall have power to contract for the purchase or therefor, erection of same, and to issue bonds in payment election held therefor: Provided, however, That the bonds shall not upon petition be issued until the question shall have first been submitted to the people of the county and a majority of the qualified electors voting at any general election, or special election called by the board of county commissioners for the purpose, shall have declared by their votes in favor of issuing such bonds: Provided, however, That no such election shall be ordered unless a petition, stating the purposes for which the bonds are to be issued, and signed by at least one-sixth of the qualified electors and taxpayers as shown by last preceding enumeration of said county, shall have been presented to the county commissioners praying that a
No election to be called
edness exceeds four
per cent. of assessed valuation.
vote be taken for the issuing of such amount of bonds as may be asked for therein.
SECTION 2. Before the board of county commiswhen indebt- sioners shall determine to call an election as provided under section one of this act, to purchase or erect a court house or jail, they shall cause to be made upon the records of their proceedings a statement showing the assessed valuation of the taxable property within the county, as shown by the last annual equalized assessment roll of taxable property within said county taken for the purpose of taxation, and in force and effect at the time, together with all outstanding indebtedness of every class and character whatsoever, and the cash in the hands of the county treasurer for county use with the amount of the bonds proposed to be issued: Provided always, however, That no election can be called for, nor bonds issued in any amount, which, together with other outstanding indebtedness, would exceed four per centum of the assessed valuation of the taxable property within said county as shown by the statement therein provided.
Notice of election must be given.
If majority vote is in favor of bonds they shall issue,
and must sell for certain price.
SECTION 3. The board of county commissioners shall give thirty days' notice of the election upon the question of issuing said bonds, by publication in two weekly newspapers of general circulation published at the county seat of the county, unless there be but one weekly newspaper, in which event that one shall be sufficient; and if there be no weekly newspaper, then by five notices posted in five public places within the county. The notices of election shall contain the statement of the county commissioners, as provided by section two of this act, date of election, amount of bonds proposed to be issued, and whether for court house or jail, or for both court house and jail. The notices shall be signed by the chairman of the board of county commissioners and attested by the county clerk.
SECTION 4. If a majority of the votes cast at the election be for the issuing of the bonds, the county commissioners shall proceed at once to the issuing of same and shall deliver the bonds to the treasurer of the county, who shall be chargeable therefor upon
his official bond. The treasurer, by and with the advice of the commissioners, shall proceed to sell said bonds and retain the proceeds thereof to be paid upon the orders of the commissioners as the same shall be needed: Provided, however, That said bonds shall not be sold for less than ninety-five cents on the dollar.
SECTION 5. Bonds issued under the provisions of Character of this act shall be made payable to bearer, bearing interest at a rate not to exceed seven per centum per annum, payable semi-annually, and of denomination of not less than one hundred dollars nor more than one thousand dollars each. The entire amount shall be divided into ten equal annual payments and payable either in a series running from ten to twenty years, or twenty to thirty years from date. In case of series running from ten to twenty years the first payment shall become due on the eleventh year from date, and in case of series running from twenty to thirty years, the first payment shall become due on the twenty-first year from date, and so on, one payment in either series payable each year thereafter until the bonds are fully paid. The bonds shall be of usual form and contain a reference to this act and be so worded as to bind the county absolutely to the full payment of both principal and interest, and shall be signed by the chairman of the board of county commissioners and countersigned by the county clerk. They shall be recorded by the county clerk and by the Territorial Auditor, both of whom shall endorse the same on the back thereof. The interest shall be evidenced by coupons attached, of proper dates and maturities, which shall be signed by the same officers who signed the bonds.
SECTION 6. It shall be the duty of the officers Levy for charged by law with the levying of taxes for county bonds and purposes to annually levy an amount sufficient to pay thereon. the interest due each year on the bonds issued under this act, and at the proper time, in addition thereto, to levy an amount sufficient to pay part of the principal as the same becomes due.
SECTION 7. All acts and parts of acts in conflict herewith are hereby repealed.
SECTION 8. This act shall be in force and effect from and after its passage and approval. Approved March 11, 1897.
Length of session of commission
AN ACT amending sections 5, 7, 19 and 31, of article 9, chapter 22, statutes of
Be it enacted by the Legislative Assembly of the Territory of
SECTION 1. That section 5, article 9, chapter 22, of the statutes of Oklahoma for 1893, be, and is, hereby ers and their amended to read as follows: Section 5. In addition to the special sessions for equalizing assessments, levying taxes, and all other special sessions now provided by statute, the county commissioners shall meet and hold sessions for the transaction of business in the county clerk's office at the county seat in their respective counties, or at the usual place of holding its sessions, on the first Monday in January, April, July and October of each year, and may, if necessary, continue in session five days in counties of ten thousand population or less, and eight days in counties of more than ten thousand [population] to be determined by the last preceding assessor's census returns, and the passing upon or allowing or rejecting of claims against the county, among other business, shall be taken up and passed upon by the commissioners in the order in which claims have been filed, and the allowing of claims shall not be considered at any called session. The county clerk shall have power to call special session to transact any business the same
as at regular meetings where the interest of the county demands it, upon giving five days' notice of the time and object of calling the commissioners together by posting up notices in three public places in the county, or by publication in a newspaper in the county: Provided, That there shall be but two days of a called meeting between regular sessions and there shall be no claims against the county considered at such called session: Provided, That in case of vacancy in the office of county clerk, the chairman of the board shall have power to call a special session for the purpose of filling such vacancy until an election shall be held to fill the same as provided by statute.
SECTION 2. That section 7, article 9, chapter 22, of Duties of the Statutes of Oklahoma for 1893, is hereby amended ers in allowto read as follows: Section 7. No account shall be accounts. allowed by the county commissioners unless the same shall be made out in separate items, and the nature of each item stated; and when no specific fees are allowed by law, the time actually and necessarily devoted to the performance of any service charged in such accounts shall be specified, which account so made out shall be verified by affidavit setting forth that the same is just and correct and remains due and unpaid, which account shall be regularly filed with the county clerk five days before the first day of the meeting of the county commissioners, which accounts shall be regularly numbered in the order of filing and placed on a calendar by the county clerk for public inspection and convenience: Provided, That nothing in this section shall be construed to prevent any such board from disallowing any account in whole or in part, when so rendered and verified, nor from requiring any other or further evidences of the truth and propriety thereof as they may think proper, and it shall be unlawful for any board of county commissioners to allow any claim or account against the county at any special or adjourned meeting of the board, except for election expenses, and jury fees, and all other claims or accounts against the county shall be allowed only at the regular meetings of the board in January. April, July and October of each year. When any allowance, either in whole or in part, is made upon