CHAPTER 97. AN ACT AUTHORIZING AND EMPOWERING THE BOARD OF EDUCATION OF THE CITY OF SANTA FE AND TERRITORY OF NEW MEXICO, TO PROVIDE FOR THE ERECTION OF A PUBLIC SCHOOL BUILDING, AND MAKING PROVISIONS FOR MEANS TO ERECT THE SAME. C. S. for H. R. No. 143; Approved March 18, 1903. CONTENTS. Sec. 1. Bond issue to erect school building authorized. Form. Maturity. Rate of interest. On petition question of bond issue to be submitted to vote. Form of ticket. Sec. 2. Sec. 3. Sec. 4 Special tax levy to pay interest on bonds. Provision for sinking fund. Material and labor to be furnished by penitentiary. Proviso. Sec. 5. Board of education to provide grounds, material and labor. Donation of land. Description. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. For the purpose of erecting a suitable and commodious public school building in the City of Santa Fe in this territory, the board of education of the City of Santa Fe, of the Territory of New Mexico, is hereby authorized and empowered on or after the 1st day of June, A. D. 1903, and prior to the 1st day of November, A. D. 1903, to issue the bonds of said board of education of the City of Santa Fe in the Territory of New Mexico, as a body corporate, to the amount of twenty-eight thousand dollars ($28,000.00), or so much thereof as may be required, said bonds to be of the denomination of one hundred dollars ($100.00) or any multiple thereof, not exceeding one thousand dollars ($1,000.00), to be made payable to bearer and redeemable at any time after twenty years after the date thereof and to become absolutely due and payable thirty years after the date thereof, to bear interest from the date thereof at the rate of five per centum per annum, payable semi-annually at some national bank or trust company in the City of New York, State of New York, such interest to be evidenced by coupons representing each six months period of interest, attached to said bond; said bonds shall be signed by the board of education of the City of Santa Fe of the Territory of New Mexico, by its president and sealed with the seal of said board and attested by the secretary of said board and the coupons thereof shall bear a fac-simile of the signature of the secretary of said board, which shall be engraved thereon; said bonds shall be numbered commencing with one and running upwards, the coupons of each bond shall bear the number of the bond and its relative number to other coupons on the same bond and shall show the date thereof, when due and payable and that it is for interest on the particular bond to which it is attached for the six months terminating on the date when it becomes due and payable. Should seventy-five of the legal voters of the City of Santa Fe, who are the owners of taxable property not exempt from taxation for school purposes in the said city of Santa Fe on which each of them has paid taxes for the year 1902, within thirty days after the passage of this act, petition the said board of education of the said City of Santa Fe to cause to be submitted to a vote of the legal voters in the said City of Santa Fe the question whether or not said bonds hereinbefore provided for shall be issued, it shall be the duty of said board of education to request the mayor and the city council of the said City of Santa Fe to order an election to be held within forty days thereafter to vote upon the question as to whether said bonds shall be issued or not, and thereupon the said mayor and city council shall order an election to be held in the various wards of said city, at which all persons, who may be qualified voters in said city under the laws of the Territory of New Mexico and who were registered as such at the last city election of the City of Santa Fe, shall be entitled to vote. The ticket which they shall vote, shall be in either of the following forms: "For public school house bonds of the City of Santa FeYes." or: "For public school house bonds of the City of Santa Fe-No." And if a majority of those voting shall vote "yes," such vote shall be considered as consenting to the issue of said bonds and the said board shall be authorized to issue the same; but if a majority of those voting shall vote "no," such vote shall be considered as being opposed to the issue of said bonds and the said board of education shall not have the right to issue the same. Should no petition be made, as herein provided, by seventyfive owners of taxable property as before mentioned within thirty days from the date of this act, then the said board of education shall be authorized and empowered to issue said bonds without further delay or any further authorization. Sec. 2. To secure the payment of interest on each of the bonds which may be issued, according to the provisions of the last preceding section, as it falls due and also the principal of said bonds, the said board of education of the City of Santa Fe is hereby authorized and required, after it shall have determined to issue said bonds, to fix a rate of tax levy, to be levied on all of the property subject to taxation in the said City of Santa Fe and not exempt by law from taxation for school purposes at its meeting to be held on the first Monday in June in each year or as soon thereafter as possible, making due allowance therein for taxes which may not be collected, which rate of taxation when so fixed shall be certified by the president and secretary of said board of education under the name of said board and the seal thereof, to the board of county commissioners of the County of Santa Fe, which said board of county commissioners shall include the amount of such rate of taxation so fixed in the order making levies for taxation for the various purposes, required to be made by them for the county and the same shall be and become a special levy on all the property subject to taxation in the City of Santa Fe and not exempt therefrom for school purposes and the amount thereof when collected shall be kept in a separate fund to pay said interest. Ten years after the date of said bonds and each year thereafter, a sufficient tax shall in like manner be levied and collected to pay each year one-twentieth part of the principal of said bonds, and the moneys so collected to pay such interest and principal shall be used for no other purpose. Sec. 3. The said bonds, authorized by this act to be issued, shall be disposed of at not less than par, out of which shall be paid the costs of issuing, printing and disposing of the same, and all the rest or remainder of the proceeds thereof shall be used solely and only for the purpose of preparing the plans and specifications of such building and in aiding and assisting in the construction of the same, as a suitable and commodious building for the public shools of the City of Santa Fe of the Territory of New Mexico and in paying all the necessary expenses thereof and furnishing the same with suitable, modern furniture. Sec. 4. To aid and facilitate the construction of said building, the board of penitentiary commissioners and the superintendent of the penitentiary are hereby directed and required to furnish, free of charge, convict labor for the excavation for the foundation of said building, with the aid of skilled superintendents, should such be necessary; said penitentiary authorities shall also furnish all the brick and lime which may be necessary for the construction and completion of said building, and also all other materials which can be furnished through the convict labor, machinery and appliances of said penitentiary, and which may be necessary for the completion of said building: Provided, that the penitentiary shall be paid and advanced the funds necessary to defray expenses of guards, and actual cost of materials furnished. Sec. 5. The board of education of the City of Santa Fe, of the Territory of New Mexico, shall provide suitable grounds. on which to construct the building provided for by this act and shall also prepare, or cause to be prepared, all the plans and specifications for said building and hire and pay all architects, necessary superintendents, foremen and skilled labor which can not be supplied from the penitentiary convicts, and all other labor which may not be supplied by the penitentiary convicts. Sec. 6. There is hereby donated and granted in fee simple to the board of education of the City of Santa Fe and Territory of New Mexico, in order that it may be used as a school house site, for the building in this act provided to be erected, if it should be suitable therefor, all that certain lot, piece and parcel of land situate within the City of Santa Fe, County of Santa Fe and Territory of New Mexico, described as follows: "Beginning at a point on Washington Avenue where the southern line of the abandoned Fort Marcy military reservation terminates, being the southeast corner of the premises now occupied by Governor Otero, and running thence southerly more or less along Washington Avenue 158 feet 9 inches to the corner of a brick wall enclosing a corral on the north side of the Old Palace building; thence running westerly more or less along the north side of the adobe wall of the corral of the Old Palace building and along the wall enclosing the corral or yard to the north of the building occupied by the post office at Santa Fe, 261 feet and 6 inches to the northwest corner of the corral or yard on the north side of said building occupied for the post office; thence running northerly more or less along Lincoln Avenue 165 feet 4 inches to the southern line of the abandoned Fort Marcy military reservation and the property thereof now occupied by Governor Otero as his residence; thence easterly more or less along the southern line of the said abandoned Fort Marcy military reservation and part thereof now occupied by Governor Otero 267 feet to the place of beginning, being all of that portion of land lying between Washington and Lincoln Avenues and between the southern boundary of the abandoned Fort Marcy military reservation, where it is occupied by Governor Otero as his residence, and a north line described by a line extended from the north end or corner of the brick wall aforesaid along the wall extending therefrom in an east and west direction, and also extending straight along the projection of said wall, to the next wall in line therewith lying to the north of the yard or corral occupied by the post office at Santa Fe, to the northwest corner of the wall forming said corral or yard on Lincoln Avenue, except that there is not included in this grant the portion of said lot and tract of land which has heretofore been granted to the Woman's Board of Trade and Free Library Association of the City of Santa Fe. Sec. 7. This act shall be in force and effect from and after its passage and all acts and parts of acts in conflict therewith. are hereby repealed. CHAPTER 98. AN ACT TO AMEND SECTION 8 OF THE COMPILED LAWS ON CONTENTS. Sec. 1. Section 8, Compiled Laws of 1897, regarding community ditches being considered corporations. Amended. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. That after the last word of section 8 of the Compiled Laws on community ditches or acequias there shall be added as follows: "And every one of said community ditches beginning at the dam or entrance of the water, in continued course to the end of the same, shall be considered as one ditch or acequia only, to be superintended by three commissioners and one mayordomo as now provided by law, except that where two community ditches or more take water from a common ditch or head, they shall be and remain separate and under separate management." Sec. 2. This act shall take effect and be in force from and after its passage. |