Honorable R.L. Crosler
County Attorney
Johnson County
Cleburne, Texas
Dear sirr Opinion No. O-4511
Rer Assumption of bonded Indebte&e&.
We have received your letter of reoent date whir&reads in
part a8 followsr
‘IN 1923 and 1925 respectively the Frlend-
ship CommonSchool Dlntrlct voted bonded lndebtedneea
‘against the district In two separate series of bonds.
Subsequent to this date territories have. been attached
to this dlatrlct by action of the County School Board
and since the attachment of said territories the
district has been redefined. The said attachment has
.been Incorporated within the metes and bounda of the.
new dletrlct.
.
“The district now desires td refund bond ‘. ‘.
series of the bondo Issued In 1923 and 1925. The
County School Superintendent here was advised by a
private bond attorney that hefore these bonde could
be refunded It wa8 neceoeary for the district to vote ‘.
an assumption of the outrctandlng bond lndebtednesa
before these bond8 could be refunded, Pursuant there-
to an election was held last Saturday and onlg twenty-. : ~‘.
.. five persons voted and the assumption failed to carry ..:~., .,:
due to lack of Interest ahd dIscusalon:of the electiona’.;:, ,.
ae It was aesumed by the trustees that the same would
carry without any oppoeition. They desire to hold ,an I’ ‘.
election at the earlieet possible date to vote on :.
this issue agaIn. I, therefore, submit the following. :’
queetiont I .. :
“‘Is there any limitation udon the length of
time they would be required to Wait before holding
another election to irote upon the Issue of assuming
the outstanding bonded Indebtedneas?l’ a
You do not state ln your letter facts relating to the en-
largement of the original common school district. There fore,. we assume
the attachment wae legal, and that the only point In which you are Intere
Ie whether any particular period of tlme’muet elapse before the holdins’
of a second aesumptlon election where the first aseumption eldction fails
to terry. .,
*. libnorable R.L. Crosler, Page 2 O-4511
Article 2j’86b, Vernon’s Annotated Civil Statutes, reads In
Part 1s followsr
“SectIon 1, Thlo Act shsll be applicable to
;owns and villages Incorporated for free scl~~ol pur-
,oses only, common school districts, Independent
school districts, consolidated common school districts, ’
zonsolldated Independent school districts, county wide I*
school districts, consolidated county wide school dls-
trlcts and rural high school districts and to every
other class or type of school district, which have been
heretofore or hereafter shall have been extended or en-
larged under such circumstances that at the time of ’
such extension or enlargement there were or are bonds
outstanding payable from tsxes.levled against terrltory
which does not comprise all of the, territory of such
extended or enlarged district.
“Sec. 2. .~The governing bosrd of any such .,. :
dlatrict, without the prerequisite filing of a petition
requesting such action, 13 hereby authorized to order i
that an election be held In said district as enlarged ..
or extended on the question of the assumption of such
bonded Indebtedness by said district as enlarged or ex-
,tended and the levying and collecting of a taxiherein
to pay the principal and Interest thereof. The law In !
‘. reference to the calling of elections and the holding -,
of elections for the Issuance of school house bonds by any
such district shall be applicable to such election to _
the extent that 6UCh law Is applicable.. and not In con-
.:.‘.‘.
r’
fllct herewith, and In event of conflict the provisions
of this Act shall control. Only qualified eleotors who : !. :
. own taxable property In said dIstrIct and who shall
have duly rendered the same for taxation shall be quallfled~ -
to vote, If a majority of persons voting at said election
, shall vote In favor of the assumption of said Indebtedness T.~ .:
and the levying and collectin& of said tax said Indebted- ..,..I’
. ness shall from and after the canvassing of the returns :. :’.. ’
and declaration of the result of said. election be .the
general obligation of such school’dlstrlcts as enlarged 1 ‘I: 1
or extended, pa.yable from taxes that shall be levied :.
upon all taxable property therein, subject only. to l,ImIta-
tlons prescribed by law. I,
“It shall be the duty of the governing botid of ~.‘. : :~
such district from and after the’assumptlon of such lndebt- .~ ‘.
edness to levy and collect annually taxes against all of .~a’
the taxable property In said dgstrlct sufficient to pay
the Interest and to pay or to,provlde forthe payment of
.. _
the printilpal thereof. ‘: ,: .: .
Section 4’of. ArtIole .2786b makes the lath with rtiference ~to
the Issuance of refunding bonds available tqithe.Indebtedness aSsWmed
under this statute. i : ai ,. i .
I .. . j : .. .
,.. ..’, “, l ., 3
I
.
Ro$able R.L. Crosler, Page 3 O-4511
You will notice that no time limit 16 specified In the
a>ove quoted sections, and we feel that we would not be Justified In
r??..rllw PN~+.I? provision into said statutes. It is to be noted In this
connection that Article 2742f, which authorizes the detachment and
attachment of territory, Is similar to Article 2706b In that no time
limit between the holding of a88UnptIOn elections Is specified.
In view of the foregoing, you are respectfully advised that
no particular period of time must elapse before a second bond aseumption
election may be held where the first election failed to carry.
Very truly yours
AlTORNEy0-m OF TEXAS
By a/ George W. Sparks
George W. Sparks
Assistant
GWS:db:wc I
I
! ::
‘j.
/ ‘.
APPROVEDAPRIL 13, 1942,
a/ Grover Sellers
FIRST ASSISTANT
ATTORNE!l GXNRRAL ‘. ..
Approved Opinion Committee By s/ BWBChaJ&an :
I _
:
. I.
:
.: ~.
:;
.: .
!
:
j.
.,
(
‘
i.
: .
t ‘.
.~
./
2
;~
: