(1) The plan of organization shall be approved by the commissioner and the committee
within one hundred twenty days following the last public hearing held pursuant to
section 22-30-115 and shall be designated as the final approved plan of organization. At that time, the committee shall call for and establish the date of a special school
district organization election wherein the eligible electors in each school district
affected by the final approved plan of organization shall vote upon the adoption or
rejection of the final approved plan of organization. The committee shall name a designated election official who shall be responsible
for conducting the election. Such election shall be held on the date specified in the final approved plan of
organization. The expense of the election shall be apportioned among the affected school districts
based on population according to the most recent federal decennial census.
(2) If the estimated maximum increase in the mill levy for a new district or the mill
levy to be imposed on annexed territory, as set forth in the plan of organization,
represents an increase in the levy imposed on any property affected by the plan of
organization, the question of the increase in the mill levy to be imposed upon the
affected territory shall be submitted to the eligible electors residing in the affected
territory prior to or at the special school district organization election as the
final approved plan of organization. Approval of the increased levy by a majority of the eligible electors voting on
the question who reside in the affected territory shall be a prerequisite to the implementation
of the plan of organization.
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