72-7304. Disorganization and attachment to one other district; board of education initiates procedure; approval by election; approval by other board of education; bonded indebtedness option; effective
72-7304
72-7304. Disorganization and attachment to one other district; boardof education initiates procedure; approval by election; approval by otherboard of education; bonded indebtedness option; effective dates; procedurehereunder alternative to other procedures.(a) A school district may be disorganized and attached to another schooldistrict as provided in this section. An election shall be held in theschool district proposed to be disorganized for the purpose of voting on aproposition for such disorganization and attachment. Any such propositionshall be specified by resolution of the board of education of the schooldistrict proposed to be disorganized. Any such resolution shall specify adate for holding an election on the proposition, and a copy of theresolution shall be transmitted to the county election officer of the homecounty of the school district proposed to be disorganized, who shallconduct such election. Such proposition may provide that the territory tobe attached shall assume its proportionate share of any existing bondedindebtedness of the school district to which it is attached. In all casesthe territory of any school district disorganized under authority of thissection shall be liable for payment of bonded indebtedness, no-fundwarrants and special assessments of the school district disorganized asprovided in K.S.A. 10-119. If the proposition for disorganization andattachment shall carry, the county election officer shall certify theresults thereof to the clerk of the boards of education of the schooldistrict to which territory is to be attached and the school district to bedisorganized, and to the state board of education.
Within thirty (30) days after receipt of any such certification, theboard of education of the school district to which such territory isproposed to be attached shall by resolution approve or reject theproposition of attachment and the clerk of the board of education of suchschool district shall transmit a copy of such resolution to the clerk ofthe school district making the proposition of attachment and to the stateboard of education. Within thirty (30) days after receipt of a resolutionof a board of education to which territory is to be attached approving anysuch attachment, the state board of education shall issue an order inaccordance with this section for such disorganization and attachment.
(b) If the proposition for disorganization and attachment provided forthe assumption by the territory attached of its proportionate share of theexisting bonded indebtedness of the school district to which such territoryis attached, from and after such attachment, all of the property, both realand personal, within the territory so attached shall be subject totaxation, the same as property within the school district to which suchterritory is attached, for the payment of such existing indebtedness andthe interest thereon. If any portion of the territory so attached issubsequently transferred from the school district to which it is attachedhereunder, the property within such transferred portion shall not besubject to further taxation for the payment of such assumed indebtedness.
(c) All disorganizations under this section shall be effective forschool instruction and attendance purposes on the July 1 following theelection approving the disorganization. The school district to which theterritory is attached under this section shall, for the purpose oftaxation, have included in its taxable territory, the territory so attachedas of the December 31 preceding the July 1 upon which the disorganizationis effective for school instruction and attendance purposes. For thepurposes of budgeting and levying of taxes therefor and for the purposesspecified in K.S.A. 10-119 the disorganization shall be effective forbudgets and tax levies to be certified in the August following theeffective date for school instruction and attendance purposes. For thepurpose of elections the disorganization shall be effective at the firstelection of school district officers occurring one hundred twenty (120)days or more after the election for approval of the disorganization, andfor bond elections occurring ninety (90) days or more after the electionfor approval of the disorganization.
(d) On the July 1 that a disorganization under this section is effectivefor school instruction and attendance purposes, the property, records andall funds, on hand and to be collected, of the school district beingdisorganized shall be turned over and paid to the school district to whichthe territory of the disorganized school district is attached. Lawfulindebtedness of the school district being disorganized, exclusive ofindebtedness for bonds, no-fund warrants or special assessments, shall beassumed and paid by the school district to which such territory isattached. On such July 1 it shall be the duty of all county officers andofficers of any school district disorganized under this section to transferthe funds (including funds collected from taxes, interest, and penaltiessubsequent to such disorganization), records and property of suchdisorganized district in accordance with this section.
(e) The provisions of this section shall be deemed to provide anadditional and alternative method for the doing of the things authorizedthereby, and shall be regarded as separate from procedures for approval ofdisorganization of school districts prescribed by other laws.
History: L. 1971, ch. 238, § 1; July 1.