Private Acts of 1957 Chapter 286

COMPILER'S NOTE:  This act amended Section 1 of Private Acts of 1919, Chapter 374, but the act also contained additional provisions affecting Huntingdon Special School District.  Accordingly, this act must be read in conjunction with Private Acts of 1919, Chapter 374 (reproduced herein).

SECTION 1.  That Chapter 374 of the Private Acts of the General Assembly of the State of Tennessee for the year 1919, be amended by striking out all of that portion of Section 1 after the word "embracing" in line 4, and substituting in lieu thereof the following:

"[The language which appeared between the quotation marks amended Section 1 of Private Acts of 1919, Chapter 374, replacing the boundary description for the school district.  This language, as amended by Private Acts of 1978, Chapter 255, and Private Acts of 1982, Chapter 193, is reproduced in Section 1 of the 1919 act, which appears in this compilation immediately preceding this act.]"

The aforementioned and described boundaries include and to be excluded from this School District is a tract of land owned by the Carroll County Board of Education on which is located Hale School, situated in the Eleventh Civil District of Carroll County, Tennessee, and described in two lots as follows:

Parcel No. 1:  Beginning at a stake in the northeast corner of the present lot of the Carroll County Board of Education in the Town of Huntingdon and in the west line of Bill McDonald [sic] land, runs thence north 22 degrees 45 minutes west 300 feet to a stake, the same being the southeast corner of the Hampton lot, thence south 70 degrees west 766 feet to a stake in the east line of the Esch lot:  thence south degrees 30 minutes east 338 feet to a stake in the north line of Ben Higigns [sic] lot; thence north 67 degrees east 739 feet to the point of beginning and containing 5.741 acres by calculation.  Recorded in Deed Book 110, page 49.

Parcel No. 2:  Known as Lot No. 18 in the Bryant addition to the Town of Huntingdon, Tennessee, and bounded and described as follows:  Beginning at the southeast corner of Lot No. 17 and runs north 65 degrees east 21 poles and 10 links to a stake on Rogers Greers [sic] line, thence north with said line 11 poles and 20 links to the southeast corner of Lot No. 19, thence south 65 degrees west 21 poles and 10 links to the northeast corner of Lot No. 17; thence south 30 degrees east 11 poles and 20 links to the beginning, containing about one-half acres, more or less.  Recorded in Deed Book 96, page 126.

SECTION 2.  That for the purpose of holding elections in said Special School District there are hereby created voting precincts in each respective civil district within the Huntingdon Special School District.  There shall be voting precincts at the Court House and at the School House for the voters of the 11th Civil District, and voting precincts at the regular voting places for the voters of the 8th, 10th, 12th, 19th and 23rd Civil Districts, and the voters of each Civil District within said School District shall vote at the regular precinct where they live and are qualified to vote in regular elections.  All elections for the Huntingdon Special School District of whatever nature shall be held under the supervision of the Board of Election Commissioners for Carroll County, Tennessee, upon proper petition of the Board Members of the Huntingdon Special School District.  The qualification of voters shall be that provided by law for participation in general elections, and all laws applicable to general elections shall apply.

SECTION 3.  That this Act shall have no effect unless the same shall have been approved by a majority of the voters residing in the area to be embraced within said Special School District in an election to be held for such purposes.  It shall be the duty of the Board of Election Commissioners of Carroll County, Tennessee, after final legislative action upon this Act, to call an election to be held on the second Thursday in September, 1957, at the two voting precincts provided for in this Act.  Not less than thirty (30) days notice shall be given by said Election Commissioners of said election.  Ballots used in said election shall have printed thereon the title or substance of this Act, and the voters shall vote for or against its adoption.  The votes cast at such election shall be canvassed by the Board of Election Commissioners upon the first Monday occurring five (5) days or more next after the date of such election and the results shall be proclaimed by such Board and certified to the Secretary of State.  The qualification of voters shall be that as provided by Section 2 of this Act.

SECTION 4.  That this Act shall take effect from and after its passage, the public welfare requiring it.

Passed:  March 20, 1957.

COMPILER'S NOTE:  This act was held constitutional in Perritt v. Carter, 325 S.W.2d 233 (Tenn. 1959).  The establishment of voting places in Section 2 was held constitutional because there is no general law governing elections for special school districts.  The referendum provision in Section 3 was elided as surplusage after the Court held that special school districts do not fall within the Home Rule Amendment to the Tennessee Constitution.