Section 388.687 - Optional election methods for adoption of reorganization plans; conduct.
REORGANIZATION OF SCHOOL DISTRICTS (EXCERPT)
Act 289 of 1964
***** 388.687 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 388.693 *****
388.687 Optional election methods for adoption of reorganization plans; conduct.
Sec. 7.
Not less than 90 days nor more than 6 months following approval of an intermediate district plan as provided in section 6 of this act elections shall be held according to one of 2 methods. The intermediate district committee shall determine which election method shall be used.
Method 1. The entire area encompassed by the intermediate district plan shall vote as a unit on the question: “Shall the approved reorganization plan for the ............ intermediate district be adopted?
Yes ( )
No ( )”
If a majority of the qualified electors present and voting approve the plan it shall be declared adopted and shall become effective throughout the area on the date of the election if the election is held after April 30 but before September 1. The effective date shall be July 1 following if the election is held after August 31 but before May 1.
Method 2. The proposed districts provided for in the approved plan shall vote by proposed districts on the question: “Shall the approved reorganization plan for a proposed local district ........... within the intermediate district of ......... be adopted?
Yes ( )
No ( )”
If a majority of the qualified electors present and voting in a proposed district approve the plan for that proposed district it shall be declared adopted and shall become effective throughout the proposed district on the date of the election if the election is held after April 30 but before September 1. The effective date shall be July 1 following if the election is held after August 31 but before May 1.
If election method number 1 is adopted by the intermediate district committee and if the question voted on fails to obtain an affirmative majority, then another election using method number 2 shall be held not less than 90 days nor more than 6 months after the date of the first election. The results of this election using method number 2 shall be final and the requirements of this act shall have been met.
If the intermediate district plan provides that the boundaries of an existing school district shall remain the same such district shall not participate in an election held under either method number 1 or method number 2.
If the election is held under method number 1, the plan to be voted on shall not cause an existing school district to be divided between 2 intermediate districts but property transfers may be made later according to the provisions of chapter 5, part 2 of the school code. The plan may provide for division of districts within an intermediate district.
If and when voting method number 2 is used, the plan shall not cause an existing school district to be divided between 2 proposed local districts within the intermediate unit but property transfers may be made later according to chapter 5, part 2 of the school code.
No property transfers shall be made after the approval of the intermediate district plan by the state committee until after the elections provided for in this section have been held.
The question of assumption of bonded indebtedness shall not be included in any election held under the provisions of this act but the provisions of sections 412 and 413 of the school code regarding assumption of debt shall apply.
The qualifications of electors shall be the same as now provided in the statutes for votes on consolidation and annexation and the provisions of the general election laws shall apply.
The board of education of the intermediate school district shall conduct the election or elections provided for in this section according to the general election laws and according to chapters 7 and 8 of part 2 of the school code.
History: 1964, Act 289, Eff. Aug. 28, 1964