§ 22-30-120 — New school district - powers

(1) Where the final approved plan
of organization results in the creation of a new school district, if a majority of the
votes cast in each affected school district in the special school district organization
election are in favor of the final approved plan of organization and a majority of the
eligible electors residing in the new school district voting on the question approve
the estimated maximum increase in the mill levy, if any, to be imposed within the
new district, then on the date specified in the final approved plan of organization,
but in no event prior to the certification of the special school district organization
election, the new school district shall become a body corporate and as such shall
organize under the name and number stated in the final approved plan of
organization and in such name may take, hold, and convey property, both real and
personal, and be a party to suits and contracts.

(2) If the final approved plan of organization results in the detachment and
annexation of territory between existing school districts and a majority of the votes
cast in each affected school district in the special school district organization
election are in favor of the final approved plan of organization and the eligible
electors residing within the affected territory approve the imposition of the mill levy
imposed in the annexing school district, if greater than that imposed in the
detaching school district, the detachment and annexation shall be effective for all
purposes on the date specified in the plan of organization but in no event prior to
the certification of the special school district organization election. The detaching
school district and the annexing school district shall continue as bodies corporate
in the same manner as prior to the detachment and annexation.

Legislative History

Source: L. 92: Entire article R&RE, p. 505, � 1, effective June 1. L. 96: Entire section amended, p. 57, � 9, effective July 1.