event said trusteesare unable to agree, decisionshall be made by the countyboard Hon. E. W.Easterling,Page #3 (0-2236)
of schooltrusteesfor said funds, property,rights, and liabilitiesto be apportionedto the said common school districtsin an equitableand just manner, taking into consideration the propertyowned and the assetsand liabilitiesof said commonschool districtsat the time such independentschool districtwas createdand also taking into consideration the assetsand liabilitiescoming into existenceafter the formationof said independent school district. Any bonds issuedby one of said comubcn school districtsprior to the creationof said independent schooldistrictshall be paid and retiredby the common school districtissuingsame, and taxes for that purpose shall be leviedand collectedby said common schooldistrict. Any moneys paid by such abolishedindependentschool district in connectionwith any such bond issue to take care of interestor sinkingfund, shall be paid back by the common school districtissuingsuch bonds in such an amount as will be necessaryto reimbursethe other commonschool districtor districtsin the territoryof such abolished independentschooldistrict. High school childrenin any co-n school districtwithin the territoryof any such abolishedindependentschool districtwhich independent school districtwas createdout of two commonschool districts shall have the right to attend school in the other common school districtwithin the territorycomposingany such abolishedindependentschool districtvithout tuition, providedsuch other common school districthas not more than 350 scholastic population. Any debt incurredby any such abolishedindependentschool districtthe benefits of which accureparticularlyto one of said commonschool districtsshall be taken over by said commonschool district."
It will be noted that this Article does not provide,thstupon the abol- ishmentof an independentdistrict,out of territorytheretofore containingtwo or more common school districts,the territoryshall revert to its formerstatusbefore incorporation, but that the common schooldistrictsshall immediatelycome into existenceby operationof law with the same boundariesthey had prior to incorporation.The interveningstep of groupingfor high school purposesdid not affect the boundariesof the commonschool districts,but in our opinion,the act of creatingan independentdistrictcompletelydestroyedthe act of the Countyboard in groupingthe commonschool districtsunder Article 292b. Hon. E. W. Basterling,Page #4 (0-2236)
It is our opinionthat the independentschooldistrictreferredto In your lettermay be dissolvedunder the provisionsof Article2767, R. c. s., 1925, and upon the abolitionof such district,the two former common schooldistrictswill come into existenceby operationof law as commonschooldistrictsand not as a rural high school district. It will thereforebe unnecessaryto also complywith the provisionsof Article29228,R. C. S., 1925.
Yours very truly
ATTORNEYmiERALoFTExAs
s/ Cecil C. Cammack
BY Cecil C. Camweck Assistant
APPBOVBBJU!?.1, 1940 s/ GeraldC. Menu AllQRUET ciEuER&aFTExAs
AFPmvEB OPIIUON~C~ BP B.W. B. CHAIRMAE