State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-87_2

§ 162A‑87.2.  Abolition of water and sewerdistricts.

(a)        Upon finding that there is no longer a need for a water andsewer district and that there are no outstanding bonds or notes issued tofinance projects in the district, the board of commissioners may, byresolution, abolish that district. The board of commissioners shall hold apublic hearing before adopting a resolution abolishing a district. Notice ofthe hearing shall state the date, hour, and place of the hearing and itssubject, and shall be published at least once not less than one week before thedate of the hearing. The abolition of any water and sewer district shall takeeffect at the end of a fiscal year following passage of the resolution, asdetermined by the board of commissioners.

(b)        If the:

(1)        Terms of any contract between a county water and sewerdistrict and a city provide that upon certain conditions, all the property ofthe district is conveyed to that city; and

(2)        District has at the time of abolition no existing bonds ornotes issued as authorized by G.S. 162A‑90 to finance projects in thedistrict,

thensuch contract may also provide that no earlier than such conveyance thedistrict may be abolished by action of the governing board of the city. If thedistrict has any other indebtedness, a contract providing for conveyance of allof the assets of a district to a city must provide for assumption of such otherindebtedness by the city. If the district is owed any assessments, then theright to collect such assessments becomes that of the city. The governing boardof the city shall hold a public hearing before adopting a resolution abolishinga district. Notice of the hearing shall state the date, hour, and place of thehearing and its subject, and shall be published at least once not less than oneweek before the date of the hearing. The abolition of any water and sewerdistrict shall take effect at the end of a fiscal year of the districtfollowing passage of the resolution, as determined by the governing board. Thissubsection applies only to a county water and sewer district created under G.S.162A‑86(b1).

(c)        If the:

(1)        Terms of any contract between a county water and sewerdistrict and a private person provide that upon certain conditions, all theproperty of the district is conveyed to that private person; and

(2)        District has at the time of abolition no existing bonds ornotes issued as authorized by G.S. 162A‑90 to finance projects in thedistrict,

suchcontract may also provide that no earlier than such conveyance the district maybe abolished by action of the Utilities Commission. If the district has anyother indebtedness, a contract providing for conveyance of all of the assets ofa district to a private person must provide for assumption of such otherindebtedness by the private person. If the district is owed any assessments,then the private person may collect the assessment under the same procedures asif it was the district. The Utilities Commission shall hold a public hearingbefore adopting a resolution abolishing a district. Notice of the hearing shallstate the date, hour, and place of the hearing and its subject, and shall bepublished at least once not less than one week before the date of the hearing.The abolition of any water and sewer district shall take effect at the end of afiscal year of the district following passage of the resolution, as determinedby the Utilities Commission. This subsection applies only to a county water andsewer district created under G.S. 162A‑86(b1).

(d)        Any resolution of abolition adopted under this section on orafter the effective date of this section shall be filed with the Secretary ofState. (1985, c. 627, s. 2; 1993(Reg. Sess., 1994), c. 696, s. 4; c. 714, s. 4.)

State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-87_2

§ 162A‑87.2.  Abolition of water and sewerdistricts.

(a)        Upon finding that there is no longer a need for a water andsewer district and that there are no outstanding bonds or notes issued tofinance projects in the district, the board of commissioners may, byresolution, abolish that district. The board of commissioners shall hold apublic hearing before adopting a resolution abolishing a district. Notice ofthe hearing shall state the date, hour, and place of the hearing and itssubject, and shall be published at least once not less than one week before thedate of the hearing. The abolition of any water and sewer district shall takeeffect at the end of a fiscal year following passage of the resolution, asdetermined by the board of commissioners.

(b)        If the:

(1)        Terms of any contract between a county water and sewerdistrict and a city provide that upon certain conditions, all the property ofthe district is conveyed to that city; and

(2)        District has at the time of abolition no existing bonds ornotes issued as authorized by G.S. 162A‑90 to finance projects in thedistrict,

thensuch contract may also provide that no earlier than such conveyance thedistrict may be abolished by action of the governing board of the city. If thedistrict has any other indebtedness, a contract providing for conveyance of allof the assets of a district to a city must provide for assumption of such otherindebtedness by the city. If the district is owed any assessments, then theright to collect such assessments becomes that of the city. The governing boardof the city shall hold a public hearing before adopting a resolution abolishinga district. Notice of the hearing shall state the date, hour, and place of thehearing and its subject, and shall be published at least once not less than oneweek before the date of the hearing. The abolition of any water and sewerdistrict shall take effect at the end of a fiscal year of the districtfollowing passage of the resolution, as determined by the governing board. Thissubsection applies only to a county water and sewer district created under G.S.162A‑86(b1).

(c)        If the:

(1)        Terms of any contract between a county water and sewerdistrict and a private person provide that upon certain conditions, all theproperty of the district is conveyed to that private person; and

(2)        District has at the time of abolition no existing bonds ornotes issued as authorized by G.S. 162A‑90 to finance projects in thedistrict,

suchcontract may also provide that no earlier than such conveyance the district maybe abolished by action of the Utilities Commission. If the district has anyother indebtedness, a contract providing for conveyance of all of the assets ofa district to a private person must provide for assumption of such otherindebtedness by the private person. If the district is owed any assessments,then the private person may collect the assessment under the same procedures asif it was the district. The Utilities Commission shall hold a public hearingbefore adopting a resolution abolishing a district. Notice of the hearing shallstate the date, hour, and place of the hearing and its subject, and shall bepublished at least once not less than one week before the date of the hearing.The abolition of any water and sewer district shall take effect at the end of afiscal year of the district following passage of the resolution, as determinedby the Utilities Commission. This subsection applies only to a county water andsewer district created under G.S. 162A‑86(b1).

(d)        Any resolution of abolition adopted under this section on orafter the effective date of this section shall be filed with the Secretary ofState. (1985, c. 627, s. 2; 1993(Reg. Sess., 1994), c. 696, s. 4; c. 714, s. 4.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-87_2

§ 162A‑87.2.  Abolition of water and sewerdistricts.

(a)        Upon finding that there is no longer a need for a water andsewer district and that there are no outstanding bonds or notes issued tofinance projects in the district, the board of commissioners may, byresolution, abolish that district. The board of commissioners shall hold apublic hearing before adopting a resolution abolishing a district. Notice ofthe hearing shall state the date, hour, and place of the hearing and itssubject, and shall be published at least once not less than one week before thedate of the hearing. The abolition of any water and sewer district shall takeeffect at the end of a fiscal year following passage of the resolution, asdetermined by the board of commissioners.

(b)        If the:

(1)        Terms of any contract between a county water and sewerdistrict and a city provide that upon certain conditions, all the property ofthe district is conveyed to that city; and

(2)        District has at the time of abolition no existing bonds ornotes issued as authorized by G.S. 162A‑90 to finance projects in thedistrict,

thensuch contract may also provide that no earlier than such conveyance thedistrict may be abolished by action of the governing board of the city. If thedistrict has any other indebtedness, a contract providing for conveyance of allof the assets of a district to a city must provide for assumption of such otherindebtedness by the city. If the district is owed any assessments, then theright to collect such assessments becomes that of the city. The governing boardof the city shall hold a public hearing before adopting a resolution abolishinga district. Notice of the hearing shall state the date, hour, and place of thehearing and its subject, and shall be published at least once not less than oneweek before the date of the hearing. The abolition of any water and sewerdistrict shall take effect at the end of a fiscal year of the districtfollowing passage of the resolution, as determined by the governing board. Thissubsection applies only to a county water and sewer district created under G.S.162A‑86(b1).

(c)        If the:

(1)        Terms of any contract between a county water and sewerdistrict and a private person provide that upon certain conditions, all theproperty of the district is conveyed to that private person; and

(2)        District has at the time of abolition no existing bonds ornotes issued as authorized by G.S. 162A‑90 to finance projects in thedistrict,

suchcontract may also provide that no earlier than such conveyance the district maybe abolished by action of the Utilities Commission. If the district has anyother indebtedness, a contract providing for conveyance of all of the assets ofa district to a private person must provide for assumption of such otherindebtedness by the private person. If the district is owed any assessments,then the private person may collect the assessment under the same procedures asif it was the district. The Utilities Commission shall hold a public hearingbefore adopting a resolution abolishing a district. Notice of the hearing shallstate the date, hour, and place of the hearing and its subject, and shall bepublished at least once not less than one week before the date of the hearing.The abolition of any water and sewer district shall take effect at the end of afiscal year of the district following passage of the resolution, as determinedby the Utilities Commission. This subsection applies only to a county water andsewer district created under G.S. 162A‑86(b1).

(d)        Any resolution of abolition adopted under this section on orafter the effective date of this section shall be filed with the Secretary ofState. (1985, c. 627, s. 2; 1993(Reg. Sess., 1994), c. 696, s. 4; c. 714, s. 4.)