/::

. Hon. L. A, Woods

state Superintendent Department of Education Austin, Texas opinion lo. 'Y-&j0
Be: Consolidation o? Springlake Park CornmanSohool District Ho. 19, andTexarkana Independent School Dlstriat, both.ia Bowie County, andrelated questions. ' Dear str:
Werefer to your recent request from which we qllote In part:

"'lb Board of Trustees of Texarkana ; Inde ndent School District iri Bow&eCounty, &as "

desires an offfcial’ruliag on the legal'quest&ons herein propounded.
?l!he facts: TheTexarkana Independent 8ohobl District was created by special bet ,.ofthe Legislature of the State of T-as by Senate BI11"lio. 9, Third Called Session 

### of the 36th Legislature. TheTexarkans Independent School.Dlstrict, aubse@&nt to the above act of the Legislature, has e.%iet&d and is nowIn legal existentie anddischarging appropriate functions through its Board of Trustees.
"The Texarkana Independent School Diatrlct, by appropriate and legal action, has added someterritory to the area originally ', : incorporated in said district. "During the year 1927 the Board of Trustees of the Texarkana Independent School District, through legal andappropriate action, established ths Texarkana Junior College nlthin the boundaries of the Texarkana Independent School District, and at all tlmee

..

.I&& L. A, Woods, page 2 (V-650)

subsequent thereto the Texarkana Independent School District has operated andmaintained and there has functioned anaccredfted andapproved junlo~ colleges within the Texarkana Independent School District, the said college being under the superqlslon, direction and control of the Board of Truetees of the Texarkana Independent School District.

“The qualified property tax paying votem of the Texapkana Independent School Dlstplct have voted a special tax fop the supEart andmaintenance of the Texarkana Junior ollsge 9

“Springlake Park Common School Dlstr&t No. 19 in Bowie County, Texas, adjoins and has a commonboundary line with the Texarkana Independent School District for approx- ,imatelg one-half of the bouudary line of eaid. GoamonSchool Distpic%., Said Common School Dfstrict was created andthe bowwlarlea thereof legally fixed py an ordep of the,ColrissionepsO Court of Bow10County; Texas, during the year 1915, and said Dlatrict has functloned as a Common

School District at all times subsequent thereto. "Manyinterested oitizens living with%; * Sringlake 18 Part Common School District NO, in Bowie County, Texas, desire said CoamanSchool Dlstriot to be annexed to andbeoomea f?rt of %heTexarkana Indegendent School istrlot and Texarkana Junlo~ Colle e Dl8tpQt and the QUi?pOSe of this in-. f qury Is to determine howsaid consolidation maybe legally effected andtherefore’the followlag questions: j’

.

. *1. Can the Sprl lake Park Gomrmn

School Mstpiot Eio. 197PBowfe County, Toxae, ‘i
,. be legally consolidated to andw%ththe Tuarkana Independent Sohool Diatrict and Texarka~ JUANP Golle oMetrlat In the yII11) gpovided for la Artfcle 28G6. VernonDI &metatod Stat.uteap Pocket Pasta; Acts 1P5, 49th k@lslrturs, ?age 4&6, Chapter 264# rotlon at. .,

#a#, it A. WOoda,page 3 (V-650)

“2, If the above section of the statUtOeis held to apply only to thr Independent School dlstrlot aa~dIstinguIshed froa the Jnniar College District, then In suoh event can the Springlake PaFkCommon Sohbol Dlatrict Ho, 19 in Bowie County, Texas, be &nnexed,to,the Texarkana Junior Golle e Distrlat, aa ptiovided’ln Article 281533,feotlon 21, voraon’s Annotated Statutes? ‘).

,,~

“3. In the event either OF. both~of Questions NumberedI.and 2 are laswered la the affiamative, then in auoh event can all taxes voted by the people in the Texarkana Independent School DlatH.et, including the Junior Colle the area of f3

e District, be extended over ommonSchool .D%strlct lo. 19?

“4, If Questions 1 or .2is. answered In the affirmative andQuestion 3 Is answered in the negative, then In such event are the voters of Springlake PankCommon School District No.~19required to vote to assume b&t taxes legally levied for the .support~of the Texarkana Independent School District sad Junior College District before said taxes can,% levied upon the property in said commonschool district,

“5. There.has heretofore legally been voted by the voters of the present Texarkana Junior College District boaas f ’or the purchase of a site and erection of abuilding for the Junior College. Assuming the future legal aonsolida@on of the Texarkana bidendent School District andthe Texarkana

e District; andthe Springlake Park Commonchool District N Trustees of the (Consolidated 7’ 19, will the, Junior College &strict be authorized to spend such bond funds for the purchase of a site and the ereotion of abuilding inthe area nowwlth- %nCommon

Sohool District Ho. 19, but outaide the present boundaries of the Texarkana Zhd$ptmdent Sohool District and Texarkana .Sunlor College District?

“In this connection, you are advised that the Trustees of the Texarkana Indepen-HOG.L. A. Woods, page 4 (V-650)

dent School District have control of and supervision of the Texarkana Junior College andbonds have been legally voted andwill be sold for the purchase of a site andthe erection of anewjunior college building. TheTrustees of the Texarkana Independent School District and Junior College District, after diligent search, have been unable to find suitable grounds within the boundaries of aaid Independent School District and College District uponvhich to erect the junior college building, but manyadmirable rites are available in CwanonSchool District Ho. 19 (which la adjacent to the Texarkana Independent S&o01 District and convenient for students)."
TheTexarkana Independent School District IS a 41stlnct oorporate entity apart from the municipal cori!c oration constituting the city of Texarkana. B. 9, 3rd C. s., Chapter 31,

36th Legislature, Acts 1920.
Section l-a, Chapter 49, S, B. 297, Special Laws, 1st C. S., 39th Leg., Acts 1926, provides a procedure for the annexation of territory to the Texarkana Indepenclent School District, 8ee Oplnlon O-3823 attached hereto wherein Section l-a IS copied in part.

KoweveP, Section 19 of S. B. 297vests In the sruetees of the Texarkana Independent School Dlstriot 811 the rights, powers and privileges and duties conferred and imposed by the General Lawaoi this State, now in force, OP that maybe hePaaSter effacted, upon the trustees OSindependent school districts andprovides further that '"the boundaPies of said distplct maybe extonded by the annexation OSoontiguoua terrltogy in the manner authorized andprescpibed in this Aot.

Article 2806, as amended, Is a general law authoPizing and setting out the procedure SOPthe oonsolidation of school distziote in this State and is available to independent as well aL8 commonschool dlstricts, It provides that "Whereone or mopeindependent school distpicts are consolidated together or with one or more commonschool districts the consolidated district shall constitute an independent school district, and shall have all the rights, powers andprovilsges granted to Andependent sohool distriots by the laws of this State. Article 2806 does not provide that when..



### Ifon, L.A.Woods, page 5 (V-650)

. &8xindependent school district is consolidated with other districts under the procedure therein set out that the newdistrict thereby created shall have all the rights, privileges andpowers granted to junior college districts of this State,

Clearly, Springlake District llrf be annexed to the Texarkana District under the proordwa w.Wmrlxed in the Speaial Act governing the Texarkana dlatrlot~or it aar be consolidated with Texarkana Diatrlot w&r the provisions oi Article 2806, as amended. Dut under either procedure, the newdistrict with boundarlee extended is enlarged only for independent school district pur)oses. Wefind noprovision in the Seclal Lawscreati Texarkana Independent School gletrict nor in Art o&o, 7 tha
2806, vhioh provides that whenever the bouadurlea or lialte of an independrnt sohool dietriot ara 110extendl d that tho territory or dlatriot 80 curtbdlod WIthin the linite of the Independent school dietriot eW% l&erei 8fter beaome &part of the lt aontrols

Seotion 21 OSArticle 281% provides in

### part8 ~

a* tl0A commonsohool diatrlo my be annexed to aJunior Co&&#@@ for SunSor College purporra 0Ug A

# it&it W U eleotloa aa provided in Seotion %Wmof, ahbavbtttioaa of tlve par cent of tha pogqpt;l tu-pying voters in such dlstlrlat aa&Mg to be annexed, vrovldbd fwih;f ’tbat rush emnrxation shall h8owbeoa pp#rlxrwl~ a teea oi #a unior College Distriot aM prosprov8d **by** the Bo8rUo? hue vldqd iwther that election for suoh anxwxw tloa rMZ1 be orllrd and the rrsuItr omlrr& m& d@olwed by the County tid oi ifiL3alon a‘I 0provided further thcrt the

uded in such annexed **ditMiOt**

.

e of of tl¶ on to d diatx'i.Ot, rad also shall become flab10 fat tuos fos ~ti@Lnlng the Junior **cOllb(;b.**&a, L. A. &ala, page 6 (v-650)

Acoo~tlihgly, the **Texarkana** Indb **wlbnt** Sohool Distriat, acting under Section l-a of S.

. 297, supra, r mayannex Springlake ,?ark Common Sohool District for independent school diatriat purpoqer, or it ma eOnEmUdate with said distriot acting under &tiale 2 806, hs mended, for independent school di8triCt purposes. In &Mition thereto, or deaiding not to takb in Spriaglaks Dilrtriot for Independent aahool biytrlat IF po8et3, it my, aating under Section 21 of ~tlalb 2 19, ahnex g@ringlake Park district for junior **aoltegb PUrpOSbS**  only.

Seatlon l-b of Senate Bill 297, supra, autharl~a the Board of Trustees of Texarlpma Imlopendont Soboot Distriot, whenever any t&r&tory la annexa 

### thereto, to,order nnelectlon for the vhethor tubs for the support u&lZE l0of dete*iag tmaaoe of its Qtlblie fmo.rohoola and alao forthe purpose of 

### r~dmBiag OFp8ying the S@mol~

### Dl6tri of the Texarkana Iade~bddbat vied aha oolleated ahau4lly
onJl tbxablb ppopertg within thellmitEi andboundaries o? uid dietrlot as extended by remon of the annexation of any such territory.

TheAttorney Oenerbl hab prbvloosly &dvisbd hi opin~olr **HO,** v-375 thd l **nmy** 00n60iidwd s~h00i diatrlot orated uuder proaadure of Artiole 2806 has no authority to levy a loos1 malntenanoe tax until such has bean voted by the newly cro4ted distriot. See also Seatioa 4 **OS**Article 2784e, a8 **~aded;ud** Section 3, of Artiole VII, Conetitutioh of Texa8, whioh requires a rjalty of the quallflul proqterty kxp8ylag votars of l dlrtriot voting at an election held far, the vurpobb of voting 8 rlntenance tax beforo the emmemaybe levlefl ml ool~aated within 811 school diStrlot8 heTetofore imd or hereafter foraabd. .

It Sol~lors tbrrt &#J the event the Springlake (Uetrlot 18taken into tha Tuarkaha district under Seotloa **14,** 3. 8, 297, a-8, **or** under &tiole.2806, or \1pb0rthe procedure **Sbt Out**  **b SeOtiOn**  **21** Of **&tide** 28X5h,ho authority would &%ein t&aToxarhha Board of Thmteee to levy an6 0oUiot * rlmtehaaoe tax from the enlarged distriat for anypm@re Ontil the Barn@ had been authorized by **votb** Oft& pPoperty'taxpaying VOt- ~2: thb diatxmt u w or uteaaed at thb tiam

F oposba omsolldrtlQe OFaaabxation for laabp6ad@at ~a001 dl6trlOt urposea. baads 06 either dirtr, at P If there are OUtatUdln(r than at an election there may be mb8Wt.6 to th. gPrl;iilbd tsrqpsying voters of ,auoh

.~,, - :

. %h L. A. Woods, page 7 (V-650) :’

aev district the question a8 to whether the aaid new district as enlarged or extended shall assumeandpay 9 Off said outstanding bonds andwhethsr a tax shall be 14vi4d therefor. Section la and l-b, S. B. 249, supra; Article 2807, Article 27862,; AA. Opinion No. O-4511. Until suoh obligations are assunzedby

### proper proceed- %nga, they remain the obligations of the territory in the respective districts. Opinion V-375.

In the event the Sprlnglake Park district is annexed to the Texarkana District for

purposes under Section 21 of Article dunlor college 2 15b, a proviso th4rein requires that the territory included in such annexed district shall thereby assume its share of outstanding bonded indebtedness of the junior collage dx 1t i t1 t tne assessed valuation within t~ec&dnd%%,o~ndoshall also become liable for taxes for maintaining the junior college. Weinterpret this to meanthat unless the territory desiring to be annexed to the junior colleg4 dlatrlct for junior collego purposes at the election to be held under Section 2of Article 281511votes to aabuPs Its proportiotite part of said outstanding bonded debt of the junior colLeg4 district and to become liable for taxes for main-. talning the junior college, the sane will not become a part of the junior college district.

Ouransw4r to your fourth question being to the effdct that the qualified taxpaying voters of Springlake Park district are required to vote b4fore a tax may be levied and collect4d. onthe,taxable~property within,

. ite territory for the T4xarkana Independent Sohool Dietrlct andJunior Collegs District purposes, it follows iha”
, the answer to your third question is in the nega-

. Wehave underscore4 herein the words “oatstanding bont)ed indebtsdn$sa ,found in Section 21, Art-

.’ 1010 2815h, boaded debts in sections l-a andl-b of 8. 1. e&g suppa, and “outstanding bonds” appearing in
, &tiol4 2607. z

Anybonds voted,but which have not beea Issued and sold do not constitute bonded indebtedness.

Under the faata herein submitted weape advised that bonds ,$ndtax pa edby the Texarkana Junior Fents heve been legally votolleg4 District for the plIrchase or a site and tha erictlon of a newjunior collage building. The bond reaord previously approved by 'this offiae indicates that the bond election wasauthoric4dHon. L. A. Woods, page 8 (v-650)

ax&held in accordance with AFtiole 2815&-3b.

P-t: Seotion 1 of Artiole 2815h-3b prorldw, %a

" the l;c”J&lo~ floverning Boards of all puballeges organised, created and established under the laws of Texas, in anymanner, shall have power to SSsu4 **bonds** for the construction and 4quip8ent or school buildinga and the **aOqUiOitiOa** of sites therefor, and to provlds for the interest and sinking fund for such bond8 by levying of such taxes as will be neteasary in this connection, subject to the limitations hereafter imposed. Suahgoverning boards shall also have power to levy end collect taxea r0r the rupport and maintenance or such Juntor Oolleges, provided that no bonda shall be iasoed and notaxes collected until authoriud by vote or the majority or the qualiried votict w

. . .

This ofrice, in Opi*on O-4573, 

### hasprevioualy andproperly advised that by virtue of th4 provirlona

Or S4ction 6or Article 2815h, ajunlar college Boar4 is without authority to purchbse e site fop **a~jWiloP** oollege building outside the junior college diatPlct. w4 think Section 1 of'Artiole 2815h-3b is addItIona r&laority ror such opinion.

Furthermore, at the time of the junior college bond election, Springlake Park district constituted no part or the Texarkana Junior College District, nor does It at this date. Thus~ the bonds and tax in qneation~w4~e authorieed.by vote or the majority of qualified voters of the Texarkana Junior College District 

### aBit then exuded, It mustbe presumed the voters intended andbelieved thOy were voting for the puPchase of a site andthe election of ajunior college building in the junior college district as it then 4xist4d for there wat3no authority In ,# the herd to build It elaewh4Pe. It is elementary ~that bonds maybe Issued, sold and used only for the purpose for which they were authorized, Fletcher v. HowaPd, 39 8.V. (26) 32, Thebonds in question ~4~4 euthorirsd to bo i#8ued, sold andused for the PuPchase of a site andM, L, A. Wood*, page 9 (V-~650)

donstruotion of a **junior** college building in the T#Xar* kana Junior College District **as** it existed at the t&u the election was held authorizing 8ame. Tohold atIM+ wiee would not only do violence to Seation 6 of k4lcl.o 2$15h and Section 1 of Article 2815h-Tb, but also thwart the will of the qualified voters of Texarkana Junior ColIege District as exercised in the junior college bond &#ctltm held in accordance with Article 281!jh-3be

TheTexarkana Independent School District, acting under Section l-e of S: 8. (’ ;g& S51”

clal Laws, 1st C,S,, 36th Leglalr: cts 1920, mayannex Springlake Park Co&n School District, or It mayoonsoli-~ data with said district under Article 2806, V, C, S. for Independent school distrlat parpores. In addition, it mayannex.the dirjtrict for juetor college urposes in aaoor- &me with Section 21 of &fcle~ 28X%, V.
c. 8,
In the event the Texarkana DirWiat trkes the contiguous dlstriot #m4W dthw of the said statutor proCeQww#, it would be without authori % y to levy urn8 collect taxes for the annexed dietriOt -0 til samehadbeen authoPl%sd by m oleot,Lea ~:
ITi rtlolpated in by the qtdirisd voters 0r e newly embraced territory. ht. VII, Sec. 3, Coast. of Tex,; A.Q. Opinion V-375.

Fundcollected from the sale Of bonds authorized by the qualified votere of Texarkana Junior College District bI 4a election held in accordance with Artio e 2815h-3b, V.C.S,, maynot be used ror the. ,I’
urohe44 of

’e cite and-the 

### sreotioa Ofa s

### wilhr bollege outside the’ limltr or boundmles 62’the junlm college dlstrlot lB they 4xist at,tha t&u o$

:’