Montana Code 20-15-231. Annexation of territory of districts to community college district
20-15-231. Annexation of territory of districts to community college district. (1) Whenever 10% of the registered electors of an elementary district or districts of a county that is contiguous to the existing community college district petition the board of trustees of a community college district for annexation of the territory encompassed in such elementary school districts, the board of trustees of the community college district may order an annexation election in the area defined by the petition. The election must be held on the next school election day that, pursuant to 13-1-504, is at least 85 days after the order for the election.
Terms Used In Montana Code 20-15-231
- community college district: means a body corporate and a subdivision of the state of Montana organized under a single board of trustees for the purpose of providing community college instruction open to all people, subject to uniform regulations as determined by the trustees. See Montana Code 20-15-101
- district: means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. See Montana Code 20-6-101
- school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
- School election: means a regular school election or any election conducted by a district or community college district for authorizing taxation, authorizing the issuance of bonds by an elementary, high school, or K-12 district, or accepting or rejecting any proposition that may be presented to the electorate for decision in accordance with the provisions of this title. See Montana Code 20-1-101
- Trustee: A person or institution holding and administering property in trust.
- Trustees: means the governing board of a district. See Montana Code 20-1-101
(2)(a) Prior to the election on the question of annexation, the trustees shall adopt a plan that includes:
(i)a schedule that provides for the orderly transition from the existing trustee representation to the representation required by 20-15-204, with such transition period not to exceed 3 years from the date of the election on the question of annexation;
(ii)provisions relating to the assumption or nonassumption of existing community college district bonded indebtedness by the annexed area and provisions relating to the responsibilities of the annexed area for any bonded indebtedness if it withdraws from the district; and
(iii)a procedure by means of which the electors of the annexed area may withdraw the annexed area from the community college district and the conditions of such withdrawal.
(b)The plan required by this subsection (2) may not be changed by the trustees without the approval of a majority of the electors of the annexed area voting on the question. The bonding provisions of the plan set forth pursuant to subsection (2)(a)(ii) may not be changed.
(3)The election must be conducted in the proposed area for annexation in accordance with the requirements of the community college organization election under 20-15-203, except that the board of trustees of the community college shall act as the governing body for the election and the election may not include an election of the board of trustees of the community college.
(4)The proposition on the ballot must be as follows:
Shall school districts …. be annexed to and become a part of the Community College District of …., Montana?
☐ FOR annexation.
☐ AGAINST annexation.
(5)To carry, the proposals to annex must receive a majority of the total votes cast at the election. On receipt of the certified results of the election from the county election administrator, the board of trustees of the community college district shall canvass the vote and declare the results of the election. If the annexation proposition carries, a certified copy of the canvassing resolution must be filed in the office of the county clerk and recorder of the county encompassing the area to be annexed and, on such filing, the area to be annexed shall then become a part of the community college district.