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Honorable Theo Ash
County Attorney, Taylor County
Abilene, Texas
Dear Sir: Opinion No. O-6123
Re: Under the given facts, what
officer has the authority~ to’ ”
order a bond election in a
common consolidated school
district of Taylor County?
Attention: Mr. Dan Abbott,
Assistant County Attorney.
We have your letter of recent date in which you state
that there is some question as to what officer has authority to order
a bond election, because it has never been decided whether such dis-
trict is a common school district or a rural high school district.
In our Opinion No. o-2035, which was approved April
8, 1940, we beld that this district was not a legally created common
consolidated school district nor was it a legally created rural high
school district, and we suggested that proper action be taken under
the general law to obviate the difficulty concerning the status of the
district. With the proceedings which you submit with your letter, it
is shown that on the 15th day of May, 1941 an election was held to
consolidate Iberia Common School District No. 38, Taylor County,
Texas, with Wiley Common Consolidated School District No. 11 of
Taylor County. This election carried unanimously and the order of
the Commissioners” Court pursuant to said election, establis,hed
Wiley Common Consolidated School District No. 11 of Taylor County,
and you are, therefore, advised that said district is a common con-
solidated school district, and that the County Judge of Taylor County
is the only proper person authorized to order a bond election upon
petition of twenty (20) or more property taxpayers, whose property
has been duly rendered in the district.
-~‘!c:/:. ~&&able Theo Ash, page 2 (O-6123)
The election to consolidate the two districts held on May
,: 15, 1941 was held in strict compliance with Article 2806, Revised Stat-
utes of 1925. The bond election should be held in accordance with the
laws governing bond elections in common school districts.
Yours very truly
ATTORNEY GENERAL OF TEXAS
By Is/ C. F. Gibson
C. F,. Gibson
Assistant
CFG:EP/cm
OK
F.D.
APPROVED JUL 31. 1944
/s/ Geo. Blackburn
(Acting) ATTORNEY GENERAL OF TEXAS
APPROVED
Opihion
Committee
BY/s/ BWB
Chalrman
Untitled Texas Attorney General Opinion
Combined Opinion