72-7302. Petition for disorganization by electors; approval by election; order for disorganization; effective dates; bond proceeds; limitations on time and frequency of elections hereunder.
72-7302
72-7302. Petition for disorganization by electors; approval byelection; order for disorganization; effective dates; bond proceeds;limitations on time and frequency of elections hereunder.(a) Except as provided in subsection (d) of this section, whenever apetition signed by a number of electors as is provided in subsection (b) ofthis section, requesting the disorganization of the unified schooldistrict, is filed with the county election officer of the home county ofsuch school district, such officer shall call an election in accordancewith law upon the proposition: Provided, however, That no suchelection shall be held between January 1 and July 1 in any year. If amajority of those voting in such election shall vote in favor ofdisorganization of the unified school district such county election officershall so notify the state board of education, and it shall issue its orderdisorganizing the unified school district. The orders so issued shallcomply with the provisions of this act and the disorganization shall beeffective for the same purposes and at the same times as is provided inthis act for disorganization of other unified school districts.
(b) The number of valid signatures on petitions filed as provided insubsection (a) of this section shall be determined as follows:
(1) The county election officer of any such school district which hadthe election at large method at the last preceding election of membersshall determine the total number of ballots cast and counted in suchgeneral school election. In any such school district, a number equal totwenty percent (20%) of the number of ballots cast and counted at suchpreceding general election determined as provided in this subpart (1),shall be the number of signatures required for a valid petition.
(2) In school districts in which the last preceding election of memberswas by a member district method, the number of signatures required for avalid petition shall be computed as provided in subpart (1) of thissubsection, if one or more members were elected in each of the memberdistricts of the school district, or if voting plan-B was in effect. Inschool districts in which the last preceding election of members was by amember district method, if members were not elected in all the memberdistricts of the school district and if voting plan-C was in effect at suchpreceding election, the number of valid signatures required shall becomputed as follows: Divide the total number of ballots cast and counted inthe general school election by the number of member districts in whichmembers were elected and multiply the result by number of member districtsin the school district; then, multiply the amount so determined by twentyhundredths (.20).
(c) The proceeds of any bonds of any school district disorganized underthe provisions of this act, which proceeds are not encumbered bycontractual obligations of such school district being disorganized, shallbe transferred to and deposited in a special fund in the office of thecounty treasurer of the home county of the school district beingdisorganized not later than the July 1 that such disorganization iseffective for school instruction and attendance purposes. All moneys in anysuch fund shall be appropriated and used by such county treasurer to paythe principal, interest, and other charges on the bonds from which suchfunds were produced, and the tax levy provided for under article 10 ofKansas Statutes Annotated for payment of such principal, interest, andother charges shall be reduced accordingly, so long as there remains abalance in such fund. Such county treasurer shall make a levy in accordancewith article 10 of Kansas Statutes Annotated on the assessed taxabletangible property in the territory of the school district disorganizedunder this act, to pay the principal, interest, and other charges on anysuch bonds to the extent not paid from bond proceeds as provided above. Anysuch bond proceeds shall be invested by the county treasurer in accordancewith K.S.A. 10-131 to the extent not needed for current payment ofprincipal, interest, and other charges on such bonds, and the interest onsuch investments shall be deposited in such special fund with such bondsproceeds and shall be used for the same purpose.
(d) No petition for disorganization of any school district under thissection shall be filed with the county election officer sooner than twoyears after the date of any election for disorganization of such schooldistrict held under this section.
(e) All disorganizations under this section shall be effective forschool instruction and attendance purposes on the July 1 following the dateof issuance of the order for disorganization. Any school district to whichterritory 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 date of issuance of the order of disorganization,and for bond elections occurring sixty (60) days or more after the date ofissuance of the order of disorganization. The provisions of this sectionshall be deemed to provide an additional and alternative method for thedoing of the things authorized thereby, and shall be regarded as separatefrom procedures for approval of disorganization of school districtsprescribed by other laws.
History: L. 1967, ch. 367, § 2; L. 1969, ch. 347, § 2; L. 1971, ch. 237, § 1;April 3.