72-7305. Disorganization and attachment to more than one district; board of education initiates procedure; approval by election; approval by other boards; bonded indebtedness option; effective dates;
72-7305
72-7305. Disorganization and attachment to more than one district;board of education initiates procedure; approval by election; approval byother boards; bonded indebtedness option; effective dates; procedurehereunder alternative to other procedures.(a) A school district may be disorganized and the territory thereofattached to two or more other school districts as provided in this section.An election shall be held in the school district proposed to bedisorganized for the purpose of voting on a proposition for suchdisorganization and attachment. Any such proposition shall be specified byresolution of the board of education of the school district proposed to bedisorganized, subject to the approval of the state board of education. Suchproposition may provide that territory to be attached to any schooldistrict which has existing bonded indebtedness shall assume itsproportionate share of such indebtedness. In all cases, the territory ofany school district disorganized under authority of this section shall beliable for payment of bonded indebtedness, no-fund warrants and specialassessments of the school district so disorganized as provided in K.S.A.10-119. Upon adoption of any such resolution, a copy thereof shall betransmitted to the state board of education for its approval. If the stateboard approves such resolution, it shall transmit a copy thereof to thecounty election officer of the home county of the school district proposedto be disorganized, and such county election officer shall conduct anelection upon the question so submitted on such date as is specified in theresolution. If the proposition for disorganization and attachment shallcarry, the county election officer shall certify the results thereof to theclerks of the board of education of the school districts to which territoryis to be attached, to the board of education of the school district to bedisorganized, and to the state board of education.
Within thirty (30) days after receipt of any such certification, theboards of education of the school districts to which any such territory isproposed to be attached, shall by resolution approve or reject theproposition of attachment, and the clerk of each such board of educationshall transmit a copy of such resolution to the clerk of the schooldistrict making the proposition of attachment and to the state board ofeducation. Within thirty (30) days after receipt of resolutions from all ofthe boards of education to which territory is to be attached under thissection, and if all of such resolutions approve such attachments, the stateboard of education shall issue an order in accordance with this section forsuch disorganization and attachment.
(b) If a proposition for disorganization and attachment under thissection provided for the assumption by the territory attached of itsproportionate share of the existing bonded indebtedness of the schooldistricts to which territory is attached, from and after such attachment,all of the property, both real and personal, within the territory soattached shall be subject to taxation, the same as property within theschool district to which such territory is attached, for the payment ofsuch existing indebtedness and the interest thereon. If any portion of theterritory so attached is subsequently transferred from the school districtto which it is attached hereunder, the property within such transferredportion shall not be subject to further taxation for the payment of suchassumed indebtedness.
(c) All disorganizations under this section shall be effective forschool instruction and attendance purposes on the July 1 following theelection approving the 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 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 school districts towhich territory is attached shall be entitled to the property and all fundson hand and to be collected of the disorganized school district. Suchproperty (other than real property) and funds shall be divided among theschool districts to which territory is attached in proportion that theassessed tangible valuation of the territory of the disorganized schooldistrict is divided. The records of the disorganized school district shallfollow each school building to the school district taking possessionthereof. Each school building and other real property located in territoryattached to a school district shall become the property of the schooldistrict to which such territory is attached. Lawful indebtedness of theschool district being disorganized, exclusive of indebtedness for bonds,no-fund warrants or special assessments, shall be assumed and paid by theschool districts to which territory is attached in the proportion thatassessed tangible valuation of the disorganized school district is divided.On such July 1 it shall be the duty of all county officers and officers ofany school district disorganized under this section to transfer the funds(including funds collected from taxes, interest, and penalties subsequentto such disorganization), records and property of such disorganized schooldistrict 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, § 2; July 1.