623
.
OFFICE OF ‘THE ATTORNEY GENERAL OF TEXAS
AUSTIN
.;Ro”ER SELLERS
,,TORNEY GENERAL
Hm. T. H, l?rlnhlc,First firsietant
state Supertitoudentof Public Imtructlon
(
He rm3 in r 0uF request of
July 25th. tl-itlc.,
. Oriffin’s 1:ett.mas
undes Article 2815, Sectione
cormon scf)ooldl8trict ha3
oneolfdstion. This dis-
33113 .whenIt voted into
tics, ma'ti $1.00 tnx rste. I
ranted tint vhen the District
voted out of ths cmcoliGrti3n it took its
ori@nal bo-m&3ry linen a2 or the tim it
conz07.f?latc2,or29it alro toa;:i*r c!xiret.0
RS of tha dcCs of the t%rceit consolidated.
!i%hatwo bow& agmed on the mount of bonded
ind,obtedne%thla ~:istrl.cc should assme. Ho
, tax sic-ctfoa was hold.,
lion.T. M. Trimble :- Page 2
"After thinking this thing through
it occurred to me that there w33 a possibility
that it would be necessary to hold a tax election
In the district after it withdrew from the con-
solidation. Please advise me if this will be
necessary. He would ccrtslnlg hate to hold this
election in the district, but if it is necessary
to make the tax levy valid, of course ws could
do it. Slncc a specific plan wao set out for
. the bonded indebtednessI,believed that the tax
rate was &utomatScally that which the district
had at the time of the consolidation. Please ad-
vise r2eat your very earliest convenienceIn
regard to this) because if ve must hold nn
electionwe want to do it at the earliestdate
practicalA
Article 2815, V, A. C.,S., reads as follows:
"(a) Such consolidateddistricts
may, In'the same manner provided for their con-
soiidationbe dissolved and the dietricts in-
cl\;dedthcr4.n restore& to tIx3I.r
orifiinelstatus,
except tliitit shall not be necessary to provide
polling places in each district. Each such
district when so restored shall assume and be
liable for its prorata part of the outstanding
financialohligation of the consolidateddis-
trict, such prorata part to be based on the
relationthe total assessed valuation of all
property in the district bears to the total
assessed valuation of property in the consoll-
dated district, as shown by the assessmentrolls~
of the district for the cu'rrentyear. No election
for the dissolution of said consolidateddistricts
shall be held until three (3) years have elapsed
after the date of the election at which such
districtswere consolidated.
"(b) On the petition of twenty (20),
or a majority of the legally qualifiedvoters
of any oomon school district, or independent
3ehool district, praylug for the withdrawalfrom
a consolidateddistrkt, If three (3) Fears have
elapsed after the date of the election at which
slrchdiztrlcts eere conzolidatcd,,thoCounty
J:7jreshs~llgive notice of &tiedata of such election
bi &bllcation of the order Lr.sono newspaper pub-
llshed In the county for tventy (20) days prior
non. T. Pf;T&ble - PR@ 3
to the datc.on which such elections are ordered,
or by ppoctin~a notice of much electlon in the
district do6irirLr:
the 61eCtiOZ,.The Ccm-
alsslonsrs” Ccurtishell nt its next meting can-
for its proratn pmt of tha outscdndPn~flnc.zclal-
obligations of ths consoltdatsddlntrict,~mch
prorata p~!r.trt
to he base& on th.5ral.et;ion the
total as~eo8cd vekmtlon of all prop,-rtgIn the “.
district bear8 to the total &scosr&d Vtiuktion .~
OS property in t!m consolidatsd~ district, @.a,
shown by the ae6esmcnt rolls OS the dLstr1c.tfor ‘1.
the cimmnt ye&u.” (-und.eracrorlng elm)
The above quatod articla provide8 that the
schooldlstricta xhen bevored Sron conso~ldetlon8hall be
restored (with certain cxoeptions au& condttiono)to thc%~r
orfg!nalstatue.
It ia OUP apir.ionunder the faata stated
thet it 58 not mccsaary to have the tax clectloziinqulrcd
8bout to m&e the $1.00 tax Pate levy valid.
Very truly yours
ATTOR.XE OEMGtAL OF TEXAB
J