Colorado § 22-30-120 - New school district - powers.

§ 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.

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

Editor's note: This section is similar to former § 22-30-124 as it existed prior to 1992.

ANNOTATION

Annotator's note. Since § 22-30-120 is similar to § 22-30-124 as it existed prior to the 1992 repeal and reenactment of this article and repealed § 123-25-24, CRS 53, relevant cases construing those provisions have been included in the annotations to this section.

School board has power to enter into long-term leases. This section and § 31-12-501 make it clear that the school board has the power "to enter into long term rental or leasehold agreements" which should not exceed thirty years in duration. Bd. of Dirs. of Summit Sch. Dist No. RE-1 v. Jeffrey, 149 Colo. 579, 370 P.2d 447 (1962).

This section establishes school districts as quasi-municipal corporations with the same powers as municipal corporations. Bd. of Dirs. of Summit Sch. Dist. No. RE-1 v. Jeffrey, 149 Colo. 579, 370 P.2d 447 (1962).

Leases with the federal government. This section empowers the school board to enter into a long term lease with the federal government relating to use of land for school facilities, containing ample protection for district investment in event of cancellation. Bd. of Dirs. of Summit Sch. Dist. No. RE-1 v. Jeffrey, 149 Colo. 579, 370 P.2d 447 (1962).

An old district has no authority by statute or implication to enter into a contract for another district and thereby infringe upon the powers and duties of such other district or impose claims upon its assets. Achenbach v. Sch. Dist. No. RE-2, 176 Colo. 437, 491 P.2d 57 (1971).

Therefore, an old district's authority to enter into employment agreements is limited to the "lame duck" period of time concluding at the end of the current school year. Achenbach v. Sch. Dist. No. RE-2, 176 Colo. 437, 491 P.2d 57 (1971).