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OFFICE OF ‘THE ATTORNEY GENERAL OF TEXAS AUSTIN
**.;Ro ”**  **ER SELLERS**  **,,TORNEY GENERAL** 

Hm. T. H, l?rlnhlc, First firsietant state Supertitoudent of Public Imtructlon (

He rm3 in r July 25th. tl-itlc., 0uF request of

. **Oriffin ’** **s** 1:ett.m as
undes Article 2815, Sectione cormon scf)ool

dl8trictha3 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,

or29 it alro toa;:

i*r c!xi

ret.0 RS **of** tha dcCs of the t%rce it consolidated. !i%ha two 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 consolidation. Please adviseme if this will be necessary. He would ccrtslnlghate to hold this electionin the district, but if it is necessary to make the tax levy valid, of coursews could do it. Slncc a specificplan wao set out for the bonded indebtednessI,believedthat the tax

. rate was &utomatScallythat which the district had at the time of the consolidation. Please advise r2e

at your very earliest convenience In regard to this) because if ve must hold nn election

we want to do it at the earliestdate practicalA

Article 2815, V, A. C.,S., reads as follows: "(a) Such consolidated districts may, In'

the same manner provided for their consoiidation

be dissolved and the dietrictsincl\;ded thcr4.n restore& to tIx3I.r orifiinel

status, except tliit

it shall not be necessary to provide pollingplaces in each district. Each such districtwhen so restored shall assume and be liable for its prorata part of the outstanding financialohligation of the consolidateddistrict, such prorata part to be based on the relationthe total assessed valuationof all propertyin the district bears to the total assessedvaluation of property in the consolldated district,as shown by the assessmentrolls~ of the district for the cu'rrent year. No election for the dissolutionof said consolidated districts shallbe held until three (3) years have elapsed after the date of the electionat which such districts

were consolidated. "(b) On the petition of twenty (20), or a majority of the legally qualifiedvoters of any oomon school district,or independent 3ehooldistrict,praylug for the withdrawalfrom a consolidated

distrkt, If three (3) Fears have elapsedafter the date of the electionat which slrch diztrlctseere conzolidatcd, ,tho County J:7jre shs~ll give notice of &tie data of such election bi &bllcation of the order Lr.sononewspaperpubllshed In the countyfor tventy (20) days priornon. T. Pf; T&ble - PR@ 3

to the datc.on which such electionsare ordered, or by ppoctin~

a notice of much electlon in the district do6irirLr: the 61eCtiOZ,.The Ccmalsslonsrs”Ccurti shell nt its next meting canfor its proratn pmt of tha outscdndPn~flnc.zclalobligationsof ths consoltdatsd dlntrict,~

mch prorata p~!r.trt

to he base& on th.5 ral.et;ion

the total as~eo8cd vekmtlon of all prop,-rtg In 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.t for ‘1. the cimmnt ye&u.” (-und.eracrorlng elm) The above quatod articlaprovide8 that the schooldlstrictaxhen bevored Sron conso~ldetlon 8hall be restored (with certain cxoeptionsau& condttiono)to thc%~r orfg!nalstatue.

It ia OUP apir.ion

under the faata stated thet it 58 not mccsaary to have the tax clectlozi inqulrcd 8bout to m&e the $1.00 tax Pate levy **valid.** Very truly yours ATTOR.XE OEMGtAL OF TEXAB

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