71-1308. Transfer of property and funds upon consolidation.
71-1308
71-1308. Transfer of property and funds upon consolidation.The assets of the community college districts being consolidatedshall be transferred to the consolidated community collegedistrict on a day agreed upon in the consolidation agreement but notsooner than the first day of the first month after the electionapproving such consolidation. The property, records and all funds onhand and to be collected of each of the community collegedistricts being consolidated shall be turned over and paid to theconsolidated community college district and shall become theproperty thereof, and the consolidated community college districtshall thereupon be entitled to possession thereof. The consolidatedcommunity college district shall thereupon become liable for andpay all lawful debts of the community college districts whichwere consolidated except as may be otherwise provided by theconsolidation agreement for bonded indebtedness. It shall be the duty ofall county officers and officers of the community collegedistricts being consolidated to transfer the funds (including statefinancial aid funds and funds collected from federal aid, taxes,interests and penalties subsequent to such consolidation), records andproperty of the community college districts being consolidated inaccordance with the provisions of this section and the consolidationagreement. Any county treasurer or community college districtofficer or former officer having in his possession any property, recordsor funds of any of the community college districts beingconsolidated who shall fail or refuse to turn over such property,records or funds to the consolidated community college districtshall be ordered to do so by the state board. Upon the request of thestate board the attorney general is authorized to file a mandamus, quowarranto or other appropriate action to accomplish the proper transferof such property, records and funds.
History: L. 1968, ch. 77, § 8; L. 1980, ch. 207, § 69; July 1.