Untitled Texas Attorney General Opinion ( 1944 )

275 OFFICE OF THE AlTORNEY ,GaERAL OF TEXAS AUSTIN Hpoorable T. bl. Treble tfirtAmlstant bMte superktendent ot ku?U,o Instruotion &&in, T*xrr war sir: ‘ire have your lette te In whioh you re- diesolution of a cons011 results in a tion of diat and hold ano d am only wsldenta to participate loaed TOi- dissolution oar- ednass have to be eppor- r part of lndebtednesa. ority re find in the statute8 for the idater! dietriot 1s Artiole 2815, Ver- aon* 8 3avlr which Artlole reads as follows: Y&oh ocnsclldated districts key in the XUUI rianner proylded for their oonaolidotloc, be dissolved and the districts tioluded therein roatorsd to their Ori~lnal status, exoept that it shall not be neoe8- sary to provide polling plaoea in eaoh distrlot. 6aoh suoh district when so motored ahall aaaume hocorabla ‘I’. 2:. ‘Trlmble - Pace 2 and be liable iOr it8 pro rat8 part Or the OUttWml- he finanoial obligations ot the oonrolldated dlotrlot, ruoh pro rata part to bo baaed on tho relation the total asrerred valuation ot all property in the dlr- triot boar8 to the total assemad'val~ation Or prop- erty in the oonaolldafed dletriot, as ahown by the aase8~sht rolls of the distriot ror the current year. ho eleotlon for the dlsrolutlon ot said oonrolidated districta @hall be held uctll three (3) years havr elapsed otter the date of the election at whloh euoh dietrlota were consolidated. *on the petition of twenty (20), or a majority or the logally qualified voter@ of any ooumon aohool dlstriOt, or independent echool dlstriot, preying ror the withdrawal rrom 8 ooneolidated dlstriot, it three (3) years have elapsed after the date of the eleotlon at whioh suoh dietrlotr were oonsolldated, tha county Judge rhall give notioo of thj date OS such eleotlon by publloatlon of the order in acme newspaper published in the oounty ror tncnty (20) days prlor to the date on which suoh elsotlona are ordered, or by postln~ a notice of such election in the district deolrln;, the tilection. The ComzLsalon- era’ Court shell at It8 next metlr,g oanvcsa the re- turne or such alectlon, and If the votes o&at i.c said dlstrlot ohox a aaJorlty lfi reVOr or wlthdras& tron the consolldotlon, the Court shall declare the dln- trlot revered azd it shall be raatored to lto origi- ral status, iaoh such dlatrlot when 80 restored shall assume enu‘be liable ror Its pro rata part or tho outstanding rlnanolal obll~atlohr of the coneolidated dlatrlot, auoh pro rata part to be baaed oc the re- lation the total assessed veluatlon of all property in the dlotrlot beers to the total assareed valuation of property in th” consolidated dlstrlot, as shown bg the asrreamant rolla of th; dlstrlot COT the our- rent year .* ite do not find any requirement in the atotuta for my lapse of time when 612 eleotion fail8 with reapsot to when Mother eleotlon ma7 bd ordered, and you are therefore advised that another eleotlon my be orderod at any tLne upori the sonorable T. L. Trtible - $‘age 3 raaentatlon of another otltlon signed by twenty, or a major- P ty, oi the logally diatriot dealrlne qua1Pilod rotera oi the oommon aohool to withdraw from thu oonaolldated diatrlot, if three yoara have elapsed after tho date of the oonaollda- ti0n eleotion. Only resident8 of the oommon lohool dlstrlot whloh desirer to withdraw from the oonaolldated dlatrlot my vote u the rleotlon. Under the terma or Artlole 2815, aupra, meaoh dia- trlot when 80 reotored, shaU aBau!na and ba liable for ita pro rata pert of the outatandlne flnanolal obll~ctlona of the ooneolldated dtatrlot, auoh pro rata part to be based on the relation of the total assessed valuation of property ln the dlatrlot boars to the total asreaeod valuation of property ln the oonaolldated dlatrlot, a8 ahown by the aaaeament rolla of the dlatrlot for the current year.” We regret the delay In anarerlw this requeat ror m opinion, but the letter was aaalgned to an assistant who ia now In the ilevy and after hi8 departure it was discovered anone hla papers and ha8 juet been assigned to the writer, Yours very truly ATTOiZNtYGiiLsIUI, Or’T&AS C. F. Gibson CFGh Asalatant