State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-80_3

§ 130A‑80.3.  Merger ofdistrict with contiguous metropolitan water district.

(a)        A sanitary districtmay merge with a contiguous, but not coterminous, metropolitan water districtorganized under Article 4 of Chapter 162A of the General Statutes in the followingmanner, but only if the metropolitan water district has no outstandingindebtedness:

(1)        The sanitarydistrict board and the district board of the metropolitan water district shallresolve that it is advisable for the sanitary district and the metropolitanwater district should merge;

(2)        If the sanitarydistrict board and the district board of the metropolitan water districtresolve that it is advisable to merge, they shall call a public hearing on themerger. Each of such boards shall hold a public hearing on the question ofmerger, and advertisement of the public hearing shall be published at least 10days before the public hearing;

(3)        After the publichearing, if the sanitary district board and the district board of themetropolitan water district by resolution approve the merger, the merger shallbe effective on July 1 following the adoption of the resolution;

(4)        Upon the merger of asanitary district and a metropolitan water district pursuant to this section,the sanitary district shall assume all obligations of the metropolitan waterdistrict, and the metropolitan water district shall convey all property rightsto the sanitary district. The metropolitan water district shall cease to existas a political subdivision from and after the effective date of the merger.After the merger, the residents of the metropolitan water district enjoy all ofthe benefits of the sanitary district and shall assume their share of theobligations of the sanitary district. All taxes levied and collected by thesanitary district from and after the effective date of the merger shall belevied and collected uniformly in all the territory included in the enlargedsanitary district; and

(5)        Certified copies ofthe merger resolutions shall be filed with the Commission for Public Health.

(b)        At the same time asapproving the resolution of merger, the district board of the metropolitanwater district shall designate by resolution two of its members to serve on anexpanded sanitary district board from and after the date of the merger.

(c)        If the sanitarydistrict board serves staggered four‑year terms, the resolution shalldesignate one of those two persons to serve until the organizational meetingafter the next election of a sanitary district board, and the other to serveuntil the organizational meeting after the second succeeding election of asanitary district board. Successors shall be elected by the qualified voters ofthe sanitary district for four‑year terms.

(d)        If the sanitarydistrict board serves nonstaggered four‑year terms, or serves two‑yearterms, the two persons shall serve until the organizational meeting after thenext election of a sanitary district board. Successors shall be elected by thequalified voters of the sanitary district for terms of the same length as othersanitary district board members.

(e)        When a sanitarydistrict and metropolitan water district are merged under this section, thesanitary district board may change the name of the sanitary district. Notice ofsuch name change shall be filed with the Commission for Public Health. (1989, c. 194, s. 3; 2007‑182,s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-80_3

§ 130A‑80.3.  Merger ofdistrict with contiguous metropolitan water district.

(a)        A sanitary districtmay merge with a contiguous, but not coterminous, metropolitan water districtorganized under Article 4 of Chapter 162A of the General Statutes in the followingmanner, but only if the metropolitan water district has no outstandingindebtedness:

(1)        The sanitarydistrict board and the district board of the metropolitan water district shallresolve that it is advisable for the sanitary district and the metropolitanwater district should merge;

(2)        If the sanitarydistrict board and the district board of the metropolitan water districtresolve that it is advisable to merge, they shall call a public hearing on themerger. Each of such boards shall hold a public hearing on the question ofmerger, and advertisement of the public hearing shall be published at least 10days before the public hearing;

(3)        After the publichearing, if the sanitary district board and the district board of themetropolitan water district by resolution approve the merger, the merger shallbe effective on July 1 following the adoption of the resolution;

(4)        Upon the merger of asanitary district and a metropolitan water district pursuant to this section,the sanitary district shall assume all obligations of the metropolitan waterdistrict, and the metropolitan water district shall convey all property rightsto the sanitary district. The metropolitan water district shall cease to existas a political subdivision from and after the effective date of the merger.After the merger, the residents of the metropolitan water district enjoy all ofthe benefits of the sanitary district and shall assume their share of theobligations of the sanitary district. All taxes levied and collected by thesanitary district from and after the effective date of the merger shall belevied and collected uniformly in all the territory included in the enlargedsanitary district; and

(5)        Certified copies ofthe merger resolutions shall be filed with the Commission for Public Health.

(b)        At the same time asapproving the resolution of merger, the district board of the metropolitanwater district shall designate by resolution two of its members to serve on anexpanded sanitary district board from and after the date of the merger.

(c)        If the sanitarydistrict board serves staggered four‑year terms, the resolution shalldesignate one of those two persons to serve until the organizational meetingafter the next election of a sanitary district board, and the other to serveuntil the organizational meeting after the second succeeding election of asanitary district board. Successors shall be elected by the qualified voters ofthe sanitary district for four‑year terms.

(d)        If the sanitarydistrict board serves nonstaggered four‑year terms, or serves two‑yearterms, the two persons shall serve until the organizational meeting after thenext election of a sanitary district board. Successors shall be elected by thequalified voters of the sanitary district for terms of the same length as othersanitary district board members.

(e)        When a sanitarydistrict and metropolitan water district are merged under this section, thesanitary district board may change the name of the sanitary district. Notice ofsuch name change shall be filed with the Commission for Public Health. (1989, c. 194, s. 3; 2007‑182,s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-80_3

§ 130A‑80.3.  Merger ofdistrict with contiguous metropolitan water district.

(a)        A sanitary districtmay merge with a contiguous, but not coterminous, metropolitan water districtorganized under Article 4 of Chapter 162A of the General Statutes in the followingmanner, but only if the metropolitan water district has no outstandingindebtedness:

(1)        The sanitarydistrict board and the district board of the metropolitan water district shallresolve that it is advisable for the sanitary district and the metropolitanwater district should merge;

(2)        If the sanitarydistrict board and the district board of the metropolitan water districtresolve that it is advisable to merge, they shall call a public hearing on themerger. Each of such boards shall hold a public hearing on the question ofmerger, and advertisement of the public hearing shall be published at least 10days before the public hearing;

(3)        After the publichearing, if the sanitary district board and the district board of themetropolitan water district by resolution approve the merger, the merger shallbe effective on July 1 following the adoption of the resolution;

(4)        Upon the merger of asanitary district and a metropolitan water district pursuant to this section,the sanitary district shall assume all obligations of the metropolitan waterdistrict, and the metropolitan water district shall convey all property rightsto the sanitary district. The metropolitan water district shall cease to existas a political subdivision from and after the effective date of the merger.After the merger, the residents of the metropolitan water district enjoy all ofthe benefits of the sanitary district and shall assume their share of theobligations of the sanitary district. All taxes levied and collected by thesanitary district from and after the effective date of the merger shall belevied and collected uniformly in all the territory included in the enlargedsanitary district; and

(5)        Certified copies ofthe merger resolutions shall be filed with the Commission for Public Health.

(b)        At the same time asapproving the resolution of merger, the district board of the metropolitanwater district shall designate by resolution two of its members to serve on anexpanded sanitary district board from and after the date of the merger.

(c)        If the sanitarydistrict board serves staggered four‑year terms, the resolution shalldesignate one of those two persons to serve until the organizational meetingafter the next election of a sanitary district board, and the other to serveuntil the organizational meeting after the second succeeding election of asanitary district board. Successors shall be elected by the qualified voters ofthe sanitary district for four‑year terms.

(d)        If the sanitarydistrict board serves nonstaggered four‑year terms, or serves two‑yearterms, the two persons shall serve until the organizational meeting after thenext election of a sanitary district board. Successors shall be elected by thequalified voters of the sanitary district for terms of the same length as othersanitary district board members.

(e)        When a sanitarydistrict and metropolitan water district are merged under this section, thesanitary district board may change the name of the sanitary district. Notice ofsuch name change shall be filed with the Commission for Public Health. (1989, c. 194, s. 3; 2007‑182,s. 2.)