Honorable R.L. Crosler

County Attorney Johnson County Cleburne, Texas Dear sirr Opinion No. O-4511 Rer Assumption of bonded Indebte&e&. Wehave received your letter of reoent date whir&reads in part a8 followsr

‘IN 1923 and 1925 respectively the Frlendship 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 nowdesires 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 wa8neceoeary for the district to vote ‘. an assumption of the outrctandlng bond lndebtednesa before these bond8 could be refunded, Pursuant thereto an election washeld 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 samewould 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
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“‘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 enlargement of the original commonschool 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

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. “Sec. 2. .~Thegoverning bosrd of any such .,. : dlatrict, without the prerequisite filing of a petition requesting such action, 13hereby 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 6UChlaw Is applicable.. andnot In con- _ fllct herewith, and In event of conflict the provisions .:.‘.‘. of this Act shall control. Only qualified eleotors who : !.: owntaxable property In said dIstrIct and whoshall have duly rendered the samefor 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 or extended, pa.yable from taxes that shall be levied 1‘I: 1 :. upon all taxable property therein, subject only. to l,ImItatlons 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. ‘: ,: .: . . _
. the Section 4’of. ArtIole .2786b makes the lathwith rtiference ~to Issuance of refunding bonds available tqithe.Indebtedness aSsWmed under this statute. i : ai,. i . I... ,.. ..í , ì, l ., 3 j : ... I Article 2j’86b, Vernon’s Annotated Civil Statutes, reads In 1s followsr

“SectIon 1, Thlo Act shsll be applicable to ;owns and villages Incorporated for free scl~~ol pur- ,oses only, commonschool districts, Independent ’ school districts, consolidated commonschool districts, zonsolldated Independent school districts, county wide I* school districts, consolidated county wide school dlstrlcts 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 enlarged 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..Ro$able R.L. Crosler, Page 3 O-4511 You will notice that no time limit 16 specified In the a>ove quoted sections, andwe feel that wewould 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 maybe held where the first election failed to carry. Very truly yours AlTORNEy

0-m OFTEXAS By a/ George W. Sparks George W. Sparks Assistant GWS:db:wc APPROVED

APRIL 13, 1942, a/ Grover Sellers FIRSTASSISTANT ATTORNE!lGXNRRAL ‘. I I ! :: ‘j. / ‘.

.. Approved Opinion Committee By s/ BWBChaJ&an : :

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