Oregon Advisory Opinions January 01, 1949: OP 466

Advisory Opinion Text

During temporary period ending July 1, 1949, right of school districts to incur bonded and negotiable warrant indebt­edness is limited by Sec. 1, chapter 230, Oregon Laws 1947. During such period school districts can lawfully so incur indebtedness in an amount not in excess of ten per cent of the total assessed valuation of the taxable property in the district.

No. 466 September 6, 1947 State Department of Education State Library Building Gentlemen: In a letter addressed to this office September 3, 1947, you re­quest my opinion as to the meaning of section 1, chapter 230, Oregon Laws 1947.

The section referred to is as follows: "Notwithstanding the provisions of sec­tions 111-1016, 111-1703 and 111-3158. O. C. L. A., any school district of the state of Ore­gon may, until July 1, 1949, incur bonded or negotiable warrant indebtedness not to exceed 10 per cent of the total assessed valuation of all of the taxable property in any such school district. After July 1. 1949, such debt limitations shall revert to the amounts set forth in the above-named statutes."

The provisions of the Oregon Com­piled Laws referred to, fix limitations on the right of school districts to incur bonded and negotiable warrant indebt­edness. Such provisions of law are neither amended nor repealed by the 1947 act above quoted. In so far as such provisions place limitations upon the right of school districts to incur bonded and negotiable warrant indebt­edness, they are, however, wholly inop­erative during the temporary period ending July 1, 1949. During such period the limitation fixed by the 1947 act, above quoted, is substituted.

The limitation fixed in the 1947 act is ten per cent of the total assessed valuation of all the taxable property in the school district. School districts can legally incur bonded and negotiable warrant indebtedness up to such fixed limitation during the temporary period referred to. On July 1, 1949, the 1947 provision fixing the substitute limita­tion will expire by its own operation; thereafter, the limitation on the right of school districts to incur bonded and negotiable warrant indebtedness will be found in the sections of the Oregon Compiled Laws referred to and no further action of the legislature will be necessary to accomplish that result.

Although the title of the 1947 act is somewhat ambiguous, the obvious inten­tion of the legislature was to allow addi­tional revenues to be obtained in the manner specified during the temporary period ending July 1, 1949.

GEORGE NEUNER. Attorney General, By Rex Kimmell, Deputy Attorney General.

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